Ohio Notes: Bail Reform, Ohio Supreme Court

By Rich Kozlovich

Recently one of my Ohio readers called me and asked me to publish a piece on Ohio bail reform efforts, and the next Chief Justice of Ohio's Supreme Court.  Neither of which I've written about, and haven't paid enough attention to either. 

Let's start with bail reform.  

First, we need to go to the original intent of bail.  Bail was to allow the accused freedom to find evidence, or supporters, to defend themselves against any criminal charges, and to assure they will appear for the trial.  It appears that public safety was not part of the original philosophical bent when creating bail laws.  Clearly that was mistake.  All over the country leftist nitwits in government are creating virtual no bail revolving door operations for violent criminals.   And they're committing crimes, violent crimes, almost immediately.

Report: Days After Prison Release, Chicago Man Allegedly Commits Same Crimes - Less than a week after being released from prison for punching a woman and kicking a Chicago officer, a man reportedly stands accused of doing the same things again..........Illinois that was passed by Democrats and signed by Gov. J.B. Pritzker (D) is set to free from jail thousands of suspects accused of violent crimes.........“Beginning January 1, 2023, Illinois will become the first state in the nation to have eliminated cash bail — even for some of the most violent crimes. As a result, local district attorneys say they will be forced to free thousands of suspects accused of crimes like murder and kidnapping,” the report said........

The New Lawlessness Gripping America - Mindless nihilistic destruction is now tolerated by the elites.  One evening a few weeks ago, about 100 young people ransacked a Wawa convenience store in Philadelphia. The mob stole merchandise, knocked over shelves and threw food and drinks around, leaving the store looking like a natural disaster had hit it. Many got their phones out to record the madness. As chaos reigned, a young woman twerked on a counter. Fighting spilled out into the parking lot...........

is  now a nightmare of crime and violence due to their justice reform initiatives.  San Francisco is a Mess, and They're Shocked, Outraged and Terrified! Imagine That!

The Buckeye Institute recently took a position on this issue of bail reform and public safety, and while I get their press releases, and usually publish them, I didn't on this occasion because truthfully, I've not paid that much attention to writing about bail reform, and probably foolishly so.  But here's their take on Ohio Bail Reform:  The Buckeye Institute: Smart Bail Reform Will Strengthen Public Safety in Ohio saying: 

On Thursday, The Buckeye Institute testified (see full text below or download a PDF) before the Ohio House Criminal Justice Committee on the policies in House Bill 315, which would “help Ohio fix a broken cash bail system and take significant steps toward protecting the public from violent offenders.”

In his testimony, Alan B. Smith, a criminal justice fellow at The Buckeye Institute, outlined examples that tragically demonstrate that “[c]ash bail does not provide adequate public safety” and that “[u]nrepentant perpetrators out on bail still pose serious risks to the community because the posted bond is inadequate to deter crime.”

As you continue to read this piece you see they're actually supporting a higher standard for bail.  And that's public safety, and they cite examples of where cash bail did not prevent the commission of crime, even murder while free. They end saying:

Responsible bail reform will improve Ohio’s pretrial criminal justice system by retaining adequate protection for public safety, enhancing fairness across economic classes, and reducing unnecessary costs for taxpayers. House Bill 315 takes commendable strides toward each of these improvements.

Based on history and what's going on in reality, pushing for a public safety requirement for bail is hard to disagree with.  Is there a poor versus rich issue involved?  Absolutely!  Will a Constitutional Amendment be the fix?  I don't know.   

What I do think is public safety is a fundamental function of government, and if what's happening in the real world outside the court room is a failing the public's reasonable expectation of as safe an environment as possible, then something has to change to fix it.   

The Ohio Star has followed this closely, so you may wish to review their commentaries on bail reform in Ohio, which covers all the arguments, and you decide.

That brings me to the Ohio Supreme Court and redistricting.  Over the last year we've seen the court overturn every effort at redistricting presented, until the federal courts decided to end this farce, and who was at the heart of this mess?  Chief Justice Maureen O’Connor!  

While supposedly a Republican she's consistently sided with Democrats over this.  When I was involved in my industry's affairs I used to watch Supreme Court arguments on television, and thought she was pretty level headed.  I don't know what happened to her but she's gone over the edge, but there's an upside to this.  She's 71 and has to retire. Who should take her place as Chief Justice? 

A friend sent this to me regarding Sharon L. Kennedy, who currently is serving as a judge of the Ohio Supreme Court. She assumed office on December 7, 2012. Her current term ends on December 31, 2026.  There's a lot of background career stuff in what was sent to me, which is pretty impressive, but here are the things I think are important.  She states:

• As a former police officer and current Justice of the Ohio Supreme Court, I took an oath to uphold the Constitution of the United States of America, the State of Ohio, and the laws of the State. With your support, I will continue to honor the Constitution by upholding the law, not creating it or legislating from the bench.
• When judges start tinkering or meddling in the law, no one can gauge what the law is. I am not a law maker. I uphold the law.

What I don't like: 

• I still believe in what I’ve seen on the streets, in my role as a judge and a lawyer — the youth is where we need to target to break the cycle of criminal behavior. 
• There was a family in Butler County that had four children. Three went to prison, but the fourth didn't. So what made the difference? That fourth child had a teacher and a coach who took a daily interest in him. You open a door, and it opens another one.

While I agree with her philosophical views and evaluation on this, the fact is that's dealing with social construct, and that's not the responsibility of the courts.  That belongs to the executive and legislative branches of government.  However, it does seem to appear she understands that.