The Ohio Supreme Court today suspended a Richmond Heights attorney for one year with six months stayed for accusing Ohio judges and Supreme Court justices of basing property tax valuation decisions on “politics, not law,” and for speculating about political motivations behind their decisions.
In a per curiam opinion, a divided Supreme Court found John Morton violated the professional conduct rules by voicing undignified and discourteous statements about the judicial officers and recklessly making false statements about their integrity.
Chief Justice Maureen O’Connor, Justices Patrick F. Fischer, Michael P. Donnelly, and Jennifer Brunner joined the opinion.
Justices Sharon L. Kennedy and R. Patrick DeWine dissented with separate opinions, each noting that Morton’s statements, originally made in a memorandum seeking the Court’s acceptance of an appeal he filed, were free speech protected by the First Amendment to the U.S. Constitution.
Chief Justice O’Connor also wrote a concurring opinion to respond to what she views as the dissenting opinions’ attempts to distract from the focus of the disciplinary action against Morton with “First Amendment arguments” and to paint members of the Court as “fragile and vindictive.” Justices Fischer, Donnelly, and Brunner also joined the concurring opinion.
Justice Melody J. Stewart joined the chief justice’s opinion, except that she supported the Board of Professional Conduct’s recommendation that Morton’s suspension be fully stayed.
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