On Sunday, October 31, Professor Doron Kalir published an op-ed in the Plain Dealer titled “Why Justice DeWine should reconsider recusal in redistricting cases.” In the op-ed, Professor Kalir calls on Ohio Supreme Court Justice Patrick DeWine to reconsider his refusal to recuse himself in cases challenging Ohio’s congressional re-districting. Justice DeWine’s father is Ohio Governor Mike DeWine, who was a key member in the redistricting commission.
Briefly, the Opinion begins with citing of the Federalist Papers and then moves to review two U.S. Supreme Court cases where the Court instructed State Judges to recuse themselves (the first originating from Ohio). The Opinion then looks to the Ohio Code of Judicial Conduct, which places impartiality at the apex of judicial values. Finally, turning to the unique circumstances of the Redistricting Cases, the Opinion argues that impartiality in these cases may be reasonably called into question where a son decides a case in which his father has a substantial interest.