Friday, November 26th, 2021
Ohio Supreme Court justice: 'Apply strict letter of law'
By William Kincaid
Photo by William Kincaid/The Daily Standard
Ohio Supreme Court Justice Pat DeWine explains his judicial philosophy during a lecture at a meeting of the Celina Rotary Club.
CELINA - Ohio Supreme Court Justice Pat DeWine shared his judicial philosophy with Celina Rotarians this week, saying justices should act like umpires calling balls and strikes within the rules of an existing system, not make law.
DeWine, a Republican and one of seven Ohio Supreme Court justices, detailed how the state's high court operates as part of ongoing outreach to inform the electorate. He also discussed his approach to ruling on cases that come before the Supreme Court.
"I believe that a judge ought to strictly apply the letter of the law," he said. "Whatever's in front of us - whether it's the Constitution, whether it's a statute, whether it's a contract - I'm going to look at the plain language of that document, how that would have been understood to a person at the time it was written. I'm going to apply that meaning."
Other judges may, he said, take a broader view and be of the opinion that times change and documents evolve.
"To me, the problem with that kind of philosophy is that you're really just substituting your personal opinion about (what) the law should be for what it actually is and that's not our job," he said. "We're not legislators. We're not elected to make law."
DeWine also touched on the importance of the court issuing written opinions rather just announcing their decision on a case. For one, other courts can apply the same logic from the Supreme Court's written opinion to different sets of fact, DeWine said.
"Other courts in Ohio have to follow what we decide so they need to know not just how we came out but how we got there," he said.
Secondly, written opinions buttress legitimacy of the court, DeWine said. The presidency has the power of the sword to summon an army and the Legislature has the power of the purse to tax and spend.
"All the judiciary has is judgement," DeWine said. "If other branches of government didn't carry out our decisions, they would just be pieces of paper."
When selected to write a majority opinion, DeWine said he seeks to inspire confidence in the ruling.
"When I write an opinion I try to put myself in the place of the losing party," he explained. "They're not going to be happy about the result but I want them to at least see that this was something that was based on the rule of law and precedent and not just based on the whims of the individual judges."
DeWine also gave a primer on the Ohio Supreme Court's history and its relevancy to all Ohioans.
Ohio's seven Supreme Court justices are elected, not appointed.
"We're not like the federal judges," he said. "We're elected. Why is that? The reason for that goes back to the Ohio Constitution that we have today that was adopted in 1851."
Prior to the 1851 Constitution, justices were selected by the general assembly. Many Ohioans, he said, thought the judges were then too beholden to the Legislature.
The view that carried the day was that judges who were truly independent must be elected directly by and held accountable to the people, he said.
"We run every six years. If you don't like us you can throw us out of office, and I think that's a pretty good system," he said.
Though they previously ran without party labels, a Republican proposal approved earlier this summer requires party affiliations of the chief justice and associate justice candidates to be listed in the general election, according to The Associated Press.
The Ohio Supreme Court matters for numerous reasons.
"We hear a lot about federal courts but the reality is most cases are going to be heard in state court," DeWine said.
These are cases that affect everyday life, from the victims of crime, landlords and tenants to divorce proceedings and child custody, he pointed out.
"All those things are going to be heard in state court and in Ohio, the Ohio Supreme Court is going to set the precedent, essentially establish the rules that all the other courts in Ohio have to follow," he said.
Dewine said above all things, the most important function of the court is to protect the individual rights and freedoms guaranteed by the U.S. and the Ohio Constitution.
Constitutional rights would have no meaning without a court system that protects that when infringed upon by another branch of government, DeWine said.
"Think about the former Soviet Union. You can go pull up the Soviet Constitution. It was a very nice document. It guaranteed people all kinds of rights, in may ways rights that went well beyond what we have in this country," he said. "The problem was it was just a piece of paper because you had no independent judiciary, you had no one to step in when another branch of government infringed upon those rights."
The Ohio Supreme Court plays a critical role in ensuring a functioning economy as well, DeWine continued. Without clear legal rules and a legal system to protect contract- and property rights - such is the case in some third world countries - people would not want to invest or do business in such a place, he said.
Additionally, the courts nourish public safety as the law is ultimately enforced in its chambers.
"If you care about the safety of your neighborhoods you have to care about your courts," he said.
