Legal Opinion

O'Toole v. O'Connor

District Court, S.D. Ohio

Decided May 17, 2017No. Case No. 2:15-cv-1446PublishedCited by 3 opinions

1Opinion of the Court

OPINION & ORDER

JAMES L. GRAHAM, United States ' District Judge

Under the Ohio Code of Judicial Conduct, incumbent judges running for reelection can call themselves judges. Other sitting judges seeking election to a different bench cannot. Since this is an unconstitutional restraint on free speech, the Court will grant summary judgment to Plaintiffs.

This matter is béfore the Court on the parties’ cross-motions for summary judgment, (Docs. 43 1 44), and Plaintiffs’ Motion for Reconsideration, (Doc. 42), of this Court’s Opinion and Order that granted in all parts but one Defendants’ Motion for…

2Cases cited14 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. United States v. WilliamsSupreme Court of the United States · 2008
  3. National Federation of Independent Business v. SebeliusSupreme Court of the United States · 2012
  4. Hooper v. CaliforniaSupreme Court of the United States · 1895
  5. Officer Melissa Kallstrom v. City of ColumbusCourt of Appeals for the Sixth Circuit · 1998

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3Cited by3 opinions

  1. Platt v. Bd. of Comm'rs on Grievances & Discipline of the Ohio Supreme CourtCourt of Appeals for the Sixth Circuit · 2018
  2. Colleen O'Toole v. Maureen O'ConnorCourt of Appeals for the Sixth Circuit · 2018
  3. Hartman v. O'ConnorDistrict Court, S.D. Ohio · 2021

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