A second complaint was lodged Tuesday against Ohio Supreme Court Justice Sharon Kennedy, suggesting her ties to the anti-abortion movement compromise her impartiality on a pending case involving Toledo's only remaining abortion clinic.
ProgressOhio, a liberal advocacy group, filed a grievance with the high court's Office of Disciplinary Counsel, which investigates claims of professional misconduct by lawyers and judges. In March, retired Columbus attorney Bret Adams filed a similar complaint, seeking an inquiry into Justice Kennedy’s March 17 speech at a fund-raising event for Greater Toledo Right to Life.
Two days before the event in Toledo, the high court agreed to hear the Ohio attorney general's appeal of a decision that blocked it from shuttering Capital Care Network's Toledo clinic because it lacked a transfer agreement with a “local” hospital.
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ProgressOhio's grievance alleges Justice Kennedy's conduct “raises serious questions about her impartiality” and violates the Ohio Code of Judicial Conduct. The code cautions judges to “avoid the appearance of impropriety” and act in a manner that “promotes public confidence in the integrity and impartiality of the judiciary.”
Among the 53 individuals who signed the grievance were representatives of women's, medical, and consumer groups, including Janet Ritter, co-founder of Fulton County Indivisible Alliance. Ms. Ritter said she believes Justice Kennedy should recuse herself from the Capital Care case.
“She clearly is endorsed by the Right to Life [movement,]” Ms. Ritter said. “We just hope that both sides can be heard objectively, and we kind of wonder if that is going to be possible.”
Chief Justice Maureen O'Connor has publicly stated that Justice Kennedy's speech was appropriate, that Justice Kennedy had talked about the founding of the republic, the Constitution, and the separation of powers at the Right to Life event. She did not mention abortion or refer to any pending cases.
Contact Jennifer Feehan at: jfeehan@theblade.com or 419-213-2134.
First Published May 17, 2017, 4:00 a.m.
