Created on Wednesday, 31 October 2012 Written by Kraig E. Noble St. Marys
I have been active at the state level with the Ohio State Bar Association. The board of governors of the State Bar Association has unanimously recommended a vote against State Issue 2 in the upcoming election. This proposed constitutional amendment seeks to reform our redistricting process. There is no question that the current process of creating legislative districts is flawed and change is needed.
The problem with the current issue is that it inappropriately involves the Ohio judiciary in the political process. If you read the language of Issue 2 it would require the Supreme Court and Ohio Appellate judges to appoint members to a commission which would then draw the legislative district lines. This is a clear conflict of interest with the principle of separation of powers. The job of judges is to be independent and interpret the laws and the constitution. It is not the function of the judiciary to set the game rules in how politicians are to be elected.
There certainly would be a better way of creating a commission without involving the judiciary. One big problem with Issue 2 is that the very courts which would help create the redistricting process may be forced to rule upon its validity or constitutionality at some later date. This puts them in a very awkward position. For all of the above reasons, I am urging a vote against Issue 2.
Kraig E. Noble