In re Judicial Campaign Complaint Against Moll
985 N.E.2d 436
Ohio2012Background
- Moll, a candidate for the Fifth District Court of Appeals, was charged with multiple Canon 4 violations in a three-count complaint.
- The panel found Moll violated certain provisions based on a campaign flyer depicting her in a judicial robe without current-office qualification.
- The commission affirmed; sanctions included a $1,000 fine, costs, and $2,500 in attorney fees, with the fine potentially stayed for future compliance.
- Moll appealed under Gov.Jud.R. II(5)(E), challenging the commission’s findings and sanctions.
- The Supreme Court affirmed the commission, holding the record supported the violations and the sanctions were not an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the record support Moll's Canon 4 violations? | Moll asserts no support for violations. | The commission found substantial evidence of Knowingly/Recklessly misleading conduct. | Yes; record supports violations of Jud.Cond.R. 4.3(A), (C), (F). |
| Was Moll’s appeal scope properly limited to sanctions? | Appeal challenges misconduct findings. | Gov.Jud.R. II(5)(E) permits review of sanctions and underlying misconduct. | Scope proper; review includes whether violations are supported. |
| Were the sanctions within the commission’s discretion? | Discretionary sanctions may be excessive or unfounded. | Discretion allowed to impose fines, costs, and attorney fees to deter misconduct. | Yes; sanctions not an abuse of discretion. |
Key Cases Cited
- In re Judicial Campaign Complaint Against Lilly, 131 Ohio St.3d 1515 (2012-Ohio-1720) (robe-wearing image noncurrent-office misleads voters)
- In re Judicial Campaign Complaint Against Michael, 132 Ohio St.3d 1469 (2012-Ohio-3187) (definition of knowingly and recklessly during campaigns)
- In re Judicial Campaign Grievance Against O’Neill, 132 Ohio St.3d 1472 (2012-Ohio-3223) (limits of Jud.Cond.R. 4.3(C) under different facts)
- Miller v. Miller, 132 Ohio St.3d 424 (2012-Ohio-2928) (sanctions scope and discretion in disciplinary context)
