Issue 1 will take rights away from judges

Wood County Sheriff Mark Wasylyshyn recently stated that “Issue 1 will enhance the safety of all Ohio communities by giving judges the clear and unambiguous right to apply public safety as one of the criteria for setting bail.” However, Issue 1 would not give judges any “rights” at all.  On the contrary, it would take away some of the judiciary’s power, and give that power to the legislature. The ballot language indicates that the amendment would “require [not permit] Ohio courts, when setting the amount of bail, to consider public safety, including the seriousness of the offense, as well as a person’s criminal record, the likelihood a person will return to court.” 

The proposed amendment itself uses similar language, spelling out those criteria that judges “shall” [not may] use, and establishing the dangerously vague requirement that judges consider “any other factor the Ohio General Assembly may prescribe.” It is therefore my strong opinion that any Ohioan wanting to ensure that judges have a “right” to consider public safety in making bail judgments should vote against Issue 1, not for it.

Richard Anderson

Bowling Green

The ballot language is here: https://www.ohiosos.gov/globalassets/ballotboard/2022/2022-11_issue1_certifiedballotlanguage.pdf

The proposed amendment itself is here: https://www.sos.state.oh.us/globalassets/ballotboard/2022/hjr2_en.pdf