BY MEGAN HENRY
Six candidates for Ohio Supreme Court will be on the November ballot in three different races. The outcomes will decide the balance of the court and have major impacts on a wide variety of issues that affect the lives of Ohioans, from education and environmental issues to gerrymandering and elections to civil and reproductive rights.
Depending on the outcome, the state’s high court could flip to Democratic control, or Republicans could strengthen their grip.
Republicans currently hold a 4-3 majority. If Democrats win all three races, it would become a 4-3 Democratic court. If Republicans win all three races, it would become a 6-1 Republican court.
Partisan labels were added to the previously-nonpartisan races by the Republican-controlled state legislature in 2021.
Donnelly v. Shanahan
Incumbent Democratic Justice Michael P. Donnelly is being challenged by Republican Hamilton County Court of Common Pleas Judge Megan Shanahan.
Shanahan has served on Hamilton Court Common Pleas Court since 2015, according to her campaign website. She was elected to the Hamilton County Municipal Court in 2011 and reelected in 2013. Shanahan was a felony-level criminal prosecutor before taking the bench.
The 49-year-old received her bachelor’s degree from Kent State University in 1995 and her law degree from the University of Cincinnati in 2000.
Donnelly was elected to the Ohio Supreme Court in 2018.
The 58-year-old previously served as a judge on the Cuyahoga County Court of Common Pleas from 2005 to 2018 and was also a judge on the Cuyahoga County’s Mental Health and Developmental Disabilities Court.
He practiced civil litigation from 1997 to 2004 and served as the assistant Cuyahoga County Prosecutor from 1992 to 1997. Donnelly served on the Ohio Supreme Court’s Commission on Professionalism from 2007 to 2012.
Donnelly got his bachelor’s degree from John Carroll University in 1988 and his law degree from Cleveland State University in 1991.
Stewart v. Deters
Incumbent Democratic Justice Melody Stewart is being challenged by incumbent Republican Justice Joseph Deters, who decided not to run for his current seat and instead chose to go up against Stewart.
Stewart was elected to the Ohio Supreme Court in 2018 and was the first Black woman to be elected to the Ohio Supreme Court.
The 61-year-old previously served on the Eighth District Court of Appeals since 2006.
Before her time on the bench, she was an administrator for a health care management company, a music teacher, a civil defense litigator, a law school administrator, and a professor.
She earned her bachelor’s degree from the University of Cincinnati, her law degree from Cleveland State University, and her Ph.D. at Case Western Reserve University.
Gov. Mike DeWine appointed Deters to the Ohio Supreme Court in January 2023 and he is running for a full-term seat. Deters is the first Ohio Supreme Court justice in 30 years without any previous experience as a judge.
The 66-year-old previously served as the longest-tenured prosecutor in Hamilton Countyfrom 1992 to 1999 and again from 2005 to 2023.
Deters was elected as Ohio Treasurer in 1998 and 2002. Deters resigned from office in 2004 amid a pay-to-play scandal in which Deters’ then-chief of staff, Matt Borges, ended up pleading guilty to improper use of a public office. Deters was not implicated in the scheme.
Deters was the Hamilton County Clerk of Courts from 1988 to 1992 and served six years as an assistant Hamilton County prosecutor.
He earned his bachelor’s and law degrees from the University of Cincinnati. The Deters and the DeWines are family friends, having known each other for 30 years.
Forbes v. Hawkins
Democratic candidate Lisa Forbes, of the Eighth District Court of Appeals, and Republican candidate Dan Hawkins, of the Franklin County Court of Common Pleas, are fighting for Deters’ open seat.
Forbes, 60, previously worked at two different law firms dating back to 1993before becoming a judge in 2020. She got her bachelor’s degree from Cornell University and her law degree from Case Western Reserve University.
Hawkins, 48, was elected to the Franklin County Court of Common Pleas in 2018. He was previously appointed and then elected to the Franklin County Municipal Court, served as an assistant prosecuting attorney and director of the Special Victims Unit for the Franklin County Prosecutor’s Office.
He earned his bachelor’s degree from Bowling Green State University and his law degree from Ohio State University.
Questionnaire
The Ohio Capital Journal sent a questionnaire to all of the Ohio Supreme Court candidates, but only the Democratic candidates sent back responses. The candidates’ answers to the questionnaire have been shortened for brevity.
Why are you running for Ohio Supreme Court?
Donnelly: “I am running for re-election to build upon all the progress that has been made during the years I have been privileged to serve the people of Ohio, to ensure that my strong, independent voice continues to be heard on a Court that has become increasingly politicized, and to strengthen the Court’s status as a independent, co-equal branch of state government empowered by the Constitution to serve as a check on the General Assembly and executive officers.”
Stewart: “I am running for re-election to the Supreme Court in order to continue service as an elected jurist who is dedicated to the law and to justice for all. I am also running for re-election to help make our courts and our judicial system more effective and more efficient for the people they serve.”
Forbes: “I am running for the Ohio Supreme Court because I want to do my part to ensure that the high court is fair, balanced and independent, so that it serves as a firewall protecting our democracy and the rule of law.”
What’s one thing you want voters to know about you that they can’t learn from reading your biography?
Donnelly: “I’ve been a music lover ever since high school, particularly classic rock and ‘80s music. I never thought I would ever be in a band, but when I was 46 years old, I met some guys in the School of Rock. We’ve played together ever since in a band called Faith & Whiskey. Our motto is, ‘If you don’t have one, you better have the other.’ We play covers, we do a lot of benefits, including the Jam for Justice, and we’ve actually gotten pretty good, if I do say so myself.”
Stewart: “In addition to being the most experienced appellate jurist on the Supreme Court, I am the most educated with having a Ph.D. in addition to my undergraduate and law degrees.”
Forbes: “I have the expertise in the law, commitment to community, and work ethic to bring intellectual rigor and common sense to the Court, so that our laws are applied fairly and equitably, to increase people’s confidence in the courts.”
How would you characterize your judicial philosophy?
Donnelly: “I am an independent jurist whose only allegiance is to the U.S. and Ohio constitutions and the people who expect and deserve nothing less than equal treatment under the law. My commitment to independence is more important than ever at a time when the court has become increasingly politicized and driven by ideology rather than respect for precedent or an unbiased interpretation of the law.”
Stewart: “My judicial philosophy is to apply the law as written, never be results oriented, and don’t lose sight of common sense. If the law is on your side, you should win.”
Forbes: “I approach every case with an open mind, with no expectation for any particular outcome. … When a statute is unambiguous, I apply it as written; when ambiguous, I interpret it using plain language as my starting point.”
Why are Ohio Supreme Court races so important and why should voters pay attention to them?
Donnelly: “In the months and years ahead, cases involving reproductive, civil, human and worker’s rights, racial justice, public safety, voting, access to the judicial system, taxation and the economy, education, the environment, privacy, and other weighty issues will come before and be decided by the seven justices who have been elected to the Court.”
Stewart: “The Ohio Supreme Court races are so important because whoever sits on the court will be in the position to make key decisions on topics that affect our personal lives and freedoms, our economic well-being, how we elect candidates running for public office, and a whole host of other important topics. The Supreme Court has the final say on constitutional matters.
Forbes: “Rulings of the Ohio Supreme Court have the potential to significantly impact all aspects of one’s life, as history has shown. For example, even after 57% of voters enshrined reproductive rights in Ohio’s constitution last fall, our legislature did not repeal a single statute. Ohio’s leaders prefer to have any existing regulations make their way through the courts. Who the voters of Ohio elect to our state’s highest court could determine the outcome of those cases and many other critical rights.”