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HCR 43

Urge Supreme Court uphold rule prohibiting judicial endorsements

136th Legislature (2025-2026) Introduced by Eric Synenberg

The bill urges the Ohio Supreme Court to uphold the constitutionality of Rule 4.1(A)(3), which bans judges from publicly endorsing or opposing candidates.

Introduced and Referred to Committee
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Bill Summary · HCR 43

Bill at a Glance

  • Bill: HCR 43 (Concurrent Resolution)
  • Session: 136th General Assembly (Ohio)
  • Sponsor: Rep. Synenberg (co-sponsor listed)
  • Topic: Encourage the Ohio Supreme Court to constitutionally uphold Ohio Code of Judicial Conduct Rule 4.1(A)(3), which prohibits judges from publicly endorsing or opposing a candidate for public office
  • Status: Introduced and referred to committee (as of 2026-05-13)

Purpose and Intent

  • The resolution urges the Supreme Court of Ohio to find that Ohio Code of Judicial Conduct Rule 4.1(A)(3) is constitutional.
  • Specifically, it argues that prohibiting judges from publicly endorsing or opposing candidates for public office serves the state’s interests in maintaining judicial independence, integrity, and impartiality, and in avoiding the appearance of impropriety.
  • It references a recent (June 2024) disciplinary action against a judge (John William Rudduck) and a prior Supreme Court decision (Disciplinary Counsel v. Rudduck) in which the Court held that Rule 4.1(A)(3) violated the First Amendment. The resolution contends the Court should have followed the U.S. Sixth Circuit’s view on the state's compelling interest in keeping judges above partisan fray.

Key Provisions and Provisions Aimed For

  • This is a concurrent resolution directing the Supreme Court to declare Rule 4.1(A)(3) constitutional.
  • It summarizes constitutional and ethical rationales for why judicial endorsement prohibitions are important:
    • Public confidence in judicial independence, integrity, and impartiality (Rule 1.2)
    • Prohibition on using the prestige of office for personal or external gain (Rule 1.3)
    • Alignment with similar prohibitions in the Code of Conduct for United States Judges and other states
  • It cites the rationale that endorsements can create partisan perceptions and affect how courts are viewed and how disputes involving endorsed candidates might be perceived.

Who/What Is Affected

  • Affects the Supreme Court of Ohio and the interpretation/application of the Ohio Code of Judicial Conduct.
  • Indirectly affects:
    • Ohio judges and judicial candidates subject to the Code of Judicial Conduct
    • Public perception of the judiciary and electoral dynamics in Ohio
    • News media and public discourse, given the measure directs transmission to the Governor, the Chief Justice and the news media

Procedural and Timeline Aspects

  • Mechanism: A concurrent resolution adopted by both the Ohio House (HCR) and Senate, urging the Supreme Court to uphold the constitutionality of Rule 4.1(A)(3).
  • Action history indicates introduction and referral to committee (as of 2026-05-13). No statutory changes or amendments are proposed within the text of the resolution itself; it is a formal urging to the judiciary.
  • If adopted, the resolution would not directly modify law but would express legislative support for a specific constitutional interpretation by the Supreme Court.

Supporting Arguments Presented

  • The resolution emphasizes:
    • The Ohio Constitution grants the Supreme Court original jurisdiction over the practice of law and general superintendence over courts, and power to prescribe rules governing practice and procedure.
    • The importance of maintaining public confidence in the judiciary and avoiding impropriety or appearance of impropriety.
    • The Sixth Circuit’s view that such endorsements serve a compelling state interest and withstand strict scrutiny to prevent partisan bias in the judiciary.

Potential Impact if Adopted

  • Strengthens legislative stance in favor of maintaining a ban on judicial endorsements (Rule 4.1(A)(3)).
  • Could influence future judicial interpretations or responses from the Supreme Court regarding the constitutionality of Rule 4.1(A)(3) and similar prohibitions.
  • Signals legislative intent to prioritize nonpartisanship in the judiciary and to uphold public trust in judicial institutions.

Compiled from official sources — confirm details with the bill’s official record.

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