Judges in Florida and Ohio separately received public reprimands from their state supreme courts this week for interfering with judicial elections during the 2020 campaign.
In Florida, Judge Richard Howard received a reprimand for trying to discourage a lawyer from challenging a sitting judge during a local election, and instead urging the lawyer to challenge a different judge. While Judge Howard did not make the statements public, the state supreme court found that his actions “failed to promote public confidence in the impartiality of the judiciary,” among other things.
In Ohio, Karen Falter, a candidate for a trial court seat in Hamilton County, was reprimanded for mailing campaign literature falsely accusing her opponent (then the incumbent) of moving into the county only three years earlier in order to take a judicial appointment. The state supreme court affirmed the reprimand, concluding that the truth about the opponent’s residency was easily verifiable and that making the false statement amounted to at least a reckless disregard of the truth.
Public reprimands are a significant form of attorney and judicial discipline. While the attorney may continue to practice and the judge may remain on the bench, the reprimand and the reasons therefor become part of the public record.
Direct elections are a troublesome way to choose judges, but as long as states require them, candidates need to comport their electoral behavior to preserve public confidence in the judiciary.
The Interdependent Third Branch 