October 30, 2020
Republican State Leadership Committee
1201 F Street, NW, SUITE 675
Washington, DC, 20004
Via email: contact@rslc.gop
To Whom it May Concern:
The Ohio State Bar Association Judicial Election Advertising Monitoring Committee met today
to consider a complaint about a television ad paid for and distributed by the Republican State
Leadership Committee. As is the custom of our committee, we are notifying you of the
committee’s finding. We will also notify Judge Jennifer Brunner, the subject of the ad in
question, and the other three Supreme Court candidates. We will also release this letter to the
Ohio news media.
Our committee considers matters pertaining to judicial advertising of which it becomes aware by
written communication from any source, based upon the following standard:
Campaign advertising that impugns the integrity of the judicial system, the integrity of a
candidate for the Supreme Court or erodes public trust and confidence in the
independence and impartiality of the judiciary by verbally or visually attempting to lead
voters to believe that a candidate will decide issues or cases in a predetermined manner.
Findings
The Committee unanimously determined that the ad you authorized, which is critical of Judge
Jennifer Brunner for her decision in State v. Dibble, violates committee standards.
Judge Brunner’s ruling involved the execution of a search warrant in a case involving a
defendant charged with sex crimes. To suggest that Judge Brunner’s decision makes her
“reckless” or that she somehow “risks our children’s safety” is misleading. It impugns the
integrity of Judge Brunner and our judicial system.
Importance of the Independence and Impartiality of the Judiciary
Campaign rhetoric like this serves to erode public confidence in our system and perpetuates what
we believe to be widespread misperceptions about the role of judges in our system of
government. Judges often are called upon to make unpopular decisions to uphold the rule of law.
These decisions are necessary to protect all of us – both criminals and those who have done
nothing wrong. While one is free to disagree with a judge or to find fault in their legal reasoning,

 it is wrong and a disservice to the voters of Ohio to in any way suggest that any of the candidates
for Supreme Court this cycle are on the side of child predators.
Unfortunately, other groups in this campaign cycle have engaged in similar conduct. We will be
addressing that separately.
Call to Action
At the outset of this campaign season, we called on the four candidates for Supreme Court to
participate with our committee in upholding the high standards contained within Canon 4 of the
Ohio Code of Judicial Conduct and to conduct their campaigns in a manner worthy of their office
and our justice system. We also called upon each of them to disavow advertising by others that
falls short of these standards. With just a few days to go before Election Day, we renew that call.
We also ask that you discontinue the ad in question. While we support your ability under the
First Amendment to vigorously make the case for the candidates you support for our state’s
highest court, now and in the future, we encourage you and the political parties to do so without
using rhetoric that threatens judicial independence or further damages public trust and
confidence in our judicial system.
Sincerely,

Paul Hervey, Esq.
Chair, Ohio State Bar Association
Judicial Election Campaign Advertising Committee
Cc: Judge Jennifer Brunner
Justice Judith French
Justice Sharon Kennedy
Judge John O’Donnell
David Pepper, Chair, Ohio Democratic Party
Greg Beswick, Executive Director, Ohio Democratic Party
Jane Timken, Chair, Ohio Republican Party
Rob Secaur, Executive Director, Ohio Republican Party
Ohio News Media