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Photo by Graham Stokes for Ohio Capital Journal.

The Gavel outside the Supreme Court of the State of Ohio, September 20, 2023, at 65 S. Front Street, Columbus, Ohio.

The three Democrats running for Ohio Supreme Court in November criticized the 2021 law that added party labels to the state high court in a press call Wednesday, saying the politicization of the judiciary branch should be a major concern to all voters.

Incumbent justices Melody Stewart and Michael Donnelly joined with appellate judge Lisa Forbes on a post-primary election press call organized by the Ohio Democratic Party, to talk about next steps in their general election campaigns and flaws in the process of getting to the bench.

Forbes was the only candidate on the call who had a contested race Tuesday. She defeated fellow judge Terri Jamison, receiving nearly 64% of the vote in unofficial results from the Ohio Secretary of State’s office.

Donnelly will be in a race against Republican Hamilton County Court of Common Pleas Judge Megan Shanahan, and Stewart will be defending her seat against an internal challenge from her colleague, Republican Justice Joe Deters.

With her win in the primary, Forbes will now face Republican Franklin County Court of Common Pleas Judge Dan Hawkins in the general election.

Though the Democratic candidates want to focus their message on the importance of an independent judiciary as they speak to voters over the next few months, the idea that a liberal swing could come to the court if all three win their races in November wasn’t lost on them.

“We are at a point where we’re about to make it all one-party control of our government, maybe even more so that way,” Stewart said on Wednesday. “In a system of checks and balances, having one-party control of all three branches of government gives that party free reign.”

Ohio lawmakers added party labels to Ohio Supreme Court races in 2021. Republicans won all three supreme court races in 2022. The court currently has a 4-3 Republican majority.

If the Republicans sweep again, they will have 6-1 control over the court, with Justice Jennifer Brunner the only remaining Democrat on the court. If Democrats sweep the three races, they would flip the court from 4-3 Republican to 4-3 Democratic.

The justices and judge on the call criticized 2021 legislation that puts party labels on state supreme court races. Justice Brunner is suing the state over the law as well.

“The politicization of the judiciary … it should be one of the major concerns of all voters throughout the state who expect their judiciary to be as independent as possible,” Donnelly said.

Forbes said forcing political party affiliations in judicial races is resulting in “a less diverse set of candidates” and “unfortunately, is really eroding people’s confidence in and respect for the functioning judiciary here.”

As they plan to meet with voters and garner support for their campaigns, the judicial candidates said their strategy is educating Ohioans on their credentials and their record.

“When people are given the full complement of information … about who we are, what we stand for and the importance of this race, then they vote their self-interest,” Forbes said. “And the self-interest of Ohioans is to protect their rights under the constitution.”

Deters, Shanahan, and Hawkins did not respond to requests for comment on Wednesday.

Originally published by the Ohio Capital Journal. Republished here with permission.

Susan Tebben, The Ohio Capital Journal

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