The state constitution lets the Ohio General Assembly remove a judge, in rare instances, by a two-thirds vote in both chambers.
Although it鈥檚 been considered before, it鈥檚 not yet been done, since the Ohio Supreme Court usually oversees local judicial issues. But two GOP lawmakers are making the case against a judge for his comments immediately following conservative activist Charlie Kirk鈥檚 assassination in September.
Hamilton County Municipal , who has been on the bench for 20 years, faced blowback for comments he made on social media about the late Kirk. Among them, Berry wrote online: 鈥淪o, a white guy killed him! Color it KARMA!鈥�
Reps. Adam Mathews (R-Lebanon) and D.J. Swearingen (R-Huron) introduced in October. Mathews said in an interview Wednesday judges cease some First Amendment rights when they don their robes.
鈥淭his judge will not go before the voters again, and will likely retire before the (Ohio) Supreme Court would be able to put its months long procedure together,鈥� he said. 鈥淲e wanted to make sure the legislature highlights this is out of bounds.鈥�
HCR 26 had a hearing Tuesday, but House Speaker Matt Huffman (R-Lima) told the Statehouse News Bureau on Wednesday it won鈥檛 move further, since before the incident, Berry had announced his intent to retire. Still, Huffman said he believes some judges are too vocal, to their detriment.
鈥淪ome of it is not about politics, but I mean, in this particular circumstance, it really was pretty outrageous,鈥� Huffman said.
Democratic lawmakers have denounced HCR 26.
鈥淣ot only is that not the legislature鈥檚 role, and those representatives know it, but it is a distraction from the fact that they have broken their promises to lower costs,鈥� House Minority Leader Dani Isaacsohn (D-Cincinnati) said Wednesday.
The Ohio Legislative Black Caucus called it an effort to 鈥渢arget and humiliate a prominent Black jurist.鈥�
