On October 29, 2017, then-Justice Bill O’Neill announced his intent to run in the Democratic gubernatorial primary May 8, 2018. He also announced a platform which included “legalization of recreational marijuana, a higher minimum wage, a decrease in in-state tuition, and the funding of mental health institutions across the state.”

Rule 4.5 of the Ohio Code of Judicial Conduct mandates that “upon becoming a candidate in a primary or general election for a nonjudicial elective office, a judge shall resign from judicial office.”

O’Neill interpreted the rule to mean that he didn’t need to resign his judicial seat until the primary filing deadline of February 7, 2018. Almost no one else saw it that way, but to be fair, it isn’t totally clear.  So, to make it clearer, on March 28, 2018, the Supreme Court of Ohio proposed this new definition of candidate for nonjudicial elective office in Ohio:

“‘Candidate’ means a person who has made a public announcement of candidacy for nonjudicial elective office and has taken or engaged in any public action in furtherance of that candidacy, declared or filed as a candidate for non-judicial elective office with the election authority, or authorized the solicitation or receipt of contributions or support for non-judicial elective office, whichever occurred first.”

Guess who? I immediately assumed this will be known as the Bill O’Neill Rule.  I was congratulating myself on my cleverness until I saw that Randy Ludlow called it the same thing in his Columbus Dispatch article this morning.

Public comments are being accepted on this proposal until April 25.