Pat DeWine Ad
Watch the ad:
Text of the ad: In this ad, a voiceover says, “An accused rapist is arrested in Ohio. Shouldn’t the judge consider the public safety when deciding bail amounts? Marilyn Zayas says no. Zayas believes public safety doesn’t matter when setting bail amounts. That’s dangerous. Justice Pat DeWine believes your safety comes first. DeWine is endorsed by Ohio’s police. He follows the Constitution and doesn’t legislate from the bench. Experienced, fair, no nonsense –Justice Pat DeWine for Ohio Supreme Court.”
Who's responsible for this ad?
This is a traditional candidate ad paid for by the DeWine for Justice committee. Contributions to candidates are available on the Ohio Secretary of State’s website.
The Brennan Center for Justice’s Buying Time project has been tracking political spending in state Supreme Court races. Click here for information about political ads and spending in the Ohio Supreme Court races this year.
Recent articles about money raised by candidates for the Ohio Supreme Court:
- Ohio Republicans trounce Democratic challengers in raising, spending campaign cash, Columbus Dispatch, October 27, 2022
- Republican Ohio Supreme Court justice candidates outraise Democrats in weeks before Nov. 8 election, Cleveland.com, October 27, 2022
Discussion and Analysis
Early this year, in a 4-3 decision, 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 the Ohio Constitution, everyone is entitled to bail unless they meet certain criteria – such as whether they should be held without the possibility of bail in light of their danger to others. Prosecutors also can ask that suspects remain behind bars if the suspect is determined to be a danger to the community.
It should be noted that Justices and candidates for the Ohio Supreme Court Sharon Kennedy, Pat Fischer, and Pat DeWine disagreed with the majority and each wrote a dissenting opinion.
On November 3, the Ohio State Bar Association Judicial Election Advertising Monitoring Committee sent a letter to the DeWine for Justice Committee calling for them to pull this ad.
Chair of the Committee Paul Hervey wrote, “The ad could serve to erode public trust in the impartiality of the judiciary and unfairly lead voters to believe that Judge Zayas will decide issues in a predetermined manner. The news story cited in the ad to support your claim reports only that ‘Judge Zayas said she would have agreed with the majority opinion (in Debose v. McGuffey).’ She did not say that she personally opposed considering public safety when setting bail.”
Click here for a link to the press release from the Bar Association.