Thursday, February 29, 2024
https://lawyers4reporters.org/
hasen links to a story about the ohio attorney general denying a ballot measure, the ohio voters bill of rights, because he doesn't like the title. the group claims that he lacks authority to remove a ballot measure.
If that's true, and it's a big IF, this might be reportable misconduct.
I do not assume that the media always has all the facts right. I have not read their complaint, or heard the AG's side of it, or read the text of the proposed initiative So I am not taking sides on the controversy at this time. I'm saying that IF the AG improperly kept the measure off the ballot, that might be misconduct, which could be brought to the attention of the ohio disciplinary authorities. I think AG's, like prosecutors, usually get a pass, but not always.
I live in Indiana, where AG Theodore "Todd" Rokita was recently disciplined for his remarks about a doctor who helped an Ohio teenager get an abortion. I have strong policy disagreements with Rokita, and have concerns about his role in Trump's efforts to abuse the election process, but I want to stress that I have no issues with the man personally, and we got along fine when we once litigated together.
And when I lived in Missouri, AG William Webster was, I think, disbarred, in an incident having to do with worker's comp.
I was a lawyer in Indiana for over 25 years before ever filing a disciplinary complaint against anyone, even when I had strong grounds to do so. I do not believe, for example, that it is proper to use the disciplinary process as a tactic in litigation. Nonetheless, I have begun occasionally filing against what I see as corrupt officials misusing their powers. I think these complaints have been put into the round file so far, but it is an available tactic.
In the Ohio case, I would not be making a complaint, but at most an inquiry. I, or someone else, could send a letter to the Ohio Bar saying, these facts concern me, and perhaps you folks could look into this to see if there is probable cause to think an ethics violation may have occurred, because I myself am not sure.
