Leave it to the Ohio Supreme Court and Chief Justice Maureen O’Connor to try to use the court rules process to create the no money bail system in Ohio and in so doing give nearly all defendants a get out of jail free card.
In a subtle proposed rule change, the Supreme Court and Chief Justice apparently think they can pull one over on the Legislature and the Public. In a change to Rule 46 of the rules of criminal procedure, the Court put in rule that all of those who are not detained without bail would be granted pretrial release. This is an important change, because right now defendants have a right to bail not a right to release. In other words, judges set what they think would be the appropriate bail, and some defendants post it and some do not.
Instead, nearly all defendants will be given get out of jail free cards. The only people who will not get out of jail will be the extremely limited class of defendants who prosecutors can detain with no bail by putting on a mini trial and proving dangerousness.
The Supreme Court’s rule is similar to the rules passed in New Mexico that have led to absolute criminal chaos, with child-abusing and murderous terrorists getting a get out of jail free card.
Ohioans need to wake up and stop Chief Justice Maureen O’Connor from turning Ohio into a system of spiraling crime and violence. It’s time to stop Rule 46 and the Ohio Supreme Court.