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JUSTICE JOE DETERS “MELODY STEWART HITS THE WRONG NOTES” AD

Added on October 8, 2024

View the ad:

Ad Text:

When Melody Stewart’s on the bench, she keeps hitting the wrong notes. Melody Stewart voted with her liberal friends saying judges cannot consider public safety when setting bail, making Ohio a dangerous place. Melody Stewart put us at risk and struck the wrong chord for Ohio. Joe Deters, Ohio’s toughest prosecutor who held violent offenders accountable. Joe Deters, a common sense judge who delivers justice everyday. Keep Joe Deters on our Supreme Court. 

On-screen text: [0:02]: When Melody Stewart’s on the bench” [0: 03]: “she hits the wrong notes” [0: 05]: “Melody Stewart sided with liberal justices” [0: 09] “judges can’t consider public safety when setting bail” [0:16]: “Melody Stewart strikes the wrong chord for Ohio”

The accompanying X post reads, “A tough prosecutor who held violent offenders accountable. A commonsense judge who honors the law. Joe Deters delivers justice. Put Joe Deters on the bench.”


Who's responsible for this ad?

This is a candidate ad paid for by Deters for Ohio’s Future committee. From Jan. 2023 to September 2024, Joe Deters’ campaign committee has received over one million dollars ($1,167,539.15 including monetary and in-kind donations). In the September 2024 report, his campaign reported having $952,803.50 available to spend in the race. To see all the contributions to candidates for the Ohio Supreme Court, visit the Ohio Secretary of State’s website.  Examine top donations here.

Discussion and Analysis

Context provided by Jessica Dickinson, Outreach and Engagement Manager, Ohio Fair Courts Alliance

This race pits two incumbents and colleagues against one another – Justice Joe Deters (R) and Justice Melody Stewart (D). Deters was appointed to the state’s highest court by Governor DeWine in 2023. He chose to challenge Justice Stewart rather than running to retain his own seat. 

The ad opines that Justice Stewart lacks a commitment to public safety and references her vote in a 2022 Ohio Supreme Court case as an example. Using a “soft on crime” narrative against an opponent is a common tactic in all types of political ads, including those for judges. While Justice Deters has no judicial experience, he promotes his experience as a prosecutor to show that he is “tough on crime.” Prior to joining the court, he served as the longest-tenured prosecutor in Hamilton County, holding the position twice from 1992-1999 and 2005-2023. 

In July, the Ohio Fraternal Order of Police endorsed Melody Stewart. 

The ad identifies the following case:

DuBose v. McGuffey, 168 Ohio St.3d 1, 2022-Ohio-8

In a 4-3 decision, with Justice Stewart as part of the majority, the Ohio Supreme Court upheld a decision by an intermediate state appellate court to reduce the bail of a criminal defendant from $1,500,000 to $500,000, deeming the $1.5 million excessive.  

The State of Ohio appealed on the grounds that trial courts should be permitted to consider public safety concerns when setting bail amounts. The Ohio Supreme Court disagreed and reiterated that the sole purpose of bail is to ensure a person’s attendance in court. Under Ohio Criminal Rule. 46, a trial court may not impose bail that violates the constitutional prohibition against bail in an amount higher than an amount reasonably calculated to ensure the accused’s presence in court

Under Ohio law, prosecutors can ask judges to detain suspects that they deem criminal if public safety is a concern.

It should be noted that Justice Deters was not on the bench when the case was decided in 2022. He was not appointed by Governor Mike DeWine to the Ohio Supreme Court until 2023.