Ohio Supreme Court race: Who is Justice Michael Donnelly?

Ohio Supreme Court Justice Michael Donnelly, a Cleveland Democrat, is constantly making his case − in written opinions and dissents, guest columns, podcasts, media interviews − about what he thinks is right.

Donnelly advocates for fairness, transparency and data-driven decision making in the court system. He wants Ohio to create a criminal sentencing database to reveal biases in how defendants are treated, he wants the law changed to mandate judges to act more quickly on inmates' claims of actual innocence and he has a personal rule against allowing plea deals that aren't based on the facts of a case.

Donnelly said wrote nearly 30 "jurisdictional dissents," putting on the record why he thinks that the court should've taken up cases that it opted not to consider. "People ask me why do I do this. And I say it goes back to the most important quality I believe the judiciary can display and that's transparency."

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Donnelly takes issue when Republicans accuse him of bending the law to his own personal beliefs and "legislating from the bench."

"I am an independent justice," said Donnelly, a Democrat from Cleveland. He said he applies the law and constitution, as written, even when it results in a lousy outcome.

Donnelly points to a unanimous decision he wrote that resulted in Ralph Bortree being released from prison in 2022. The court threw out his attempted aggravated murder conviction, which came 26 years after the attack. The statute of limitations had expired by the time he was prosecuted.

"Is the world a safer place because Bortree was released? No. I don't like that, but the law is the law, and it has to be followed," Donnelly said.

And while he isn't a fan of the death penalty, Donnelly noted that he has voted to affirm death sentences in two-thirds of the cases that came to the Supreme Court.

Donnelly, 58, is running for a second six-year term on the supreme court. Hamilton County Common Pleas Court Judge Megan Shanahan, a Republican, is challenging him for the seat.

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Who is Justice Michael Donnelly?

Donnelly grew up watching his dad, a long-time Cuyahoga County Probate Court judge, listen to heated, emotional arguments and help parties come to resolutions.

"That had a big impact on me. It got me to understand that that's why the judiciary exists: resolve conflict in people's lives and protect people's rights," Donnelly said.

Donnelly received his bachelor's degree from John Carroll University and his legal degree from Cleveland State University's Cleveland-Marshall College of Law.

He served two years as an assistant Cuyahoga County prosecutor and seven years in private practice before being elected to the common pleas court bench in 2004.

In 2018, Donnelly won a seat on the Ohio Supreme Court in an election without partisan labels attached to candidates' names.

This time around, a new state law requires partisan labels for appellate and Supreme Court candidates. That means Donnelly will be identified as a Democrat.

Abortion cases

Abortion cases are more likely to find their way to the Ohio Supreme Court now that the Dobbs ruling at the U.S. Supreme Court said abortion restrictions are up to states to decide. Likewise, Ohio voters in 2023 approved a constitutional amendment covering reproductive rights. So, any legal questions regarding how that amendment should be interpreted and applied will likely be decided by the Ohio Supreme Court.

The Democrats running for the Supreme Court are endorsed by Planned Parenthood while the Republicans are backed by Ohio Right to Life.

All six candidates said they pledge to follow the constitution and law.

How Donnelly ruled on key cases

Open Records: In January, the court ruled 4-3 that expense records for state troopers to accompany Gov. Mike DeWine to the 2022 Super Bowl between the Cincinnati Bengals and the Los Angeles Rams were exempt from disclosure under Ohio's open records law. Four Republicans, including a visit judge sitting in for Justice Patrick DeWine, signed onto the majority opinion. The three Democrats on the court signed onto a dissent written by Donnelly.

And in April, Donnelly dissented in a 5-2 decision that said names and addresses contained in a state database of people who died are not subject to disclosure under the state's open records laws. Justices decided that particular information is protected health info.

Utility Company Fees: In 2019, Donnelly wrote the majority opinion in a 4-3 decision to strike down a fee FirstEnergy put on customer bills to modernize its distribution network. Akron-based FirstEnergy collected about $200 million a year off the fee. Donnelly wrote that power companies weren't required to actually make any investments in exchange for the money.

Wrongful Convictions: Donnelly supported the creation of a conviction integrity task force by the Supreme Court, saying that prosecutors fight to protect verdicts and convictions even in the face of newly discovered evidence. Prosecutors opted not to participate in the task force. He supports legislation that would require judges to take action more quickly on pending claims of actual innocence.

Redistricting Maps: Donnelly voted multiple times with fellow Democrats Melody Stewart and Jennifer Brunner and then-Chief Justice Maureen O'Connor, a Republican, to rule proposed constitutional and legislative district maps unconstitutional.

Boneless chicken wings: Donnelly authored the dissent in a recent case that grabbed national headlines. A man seriously injured by a bone embedded in his "boneless" wings sued but wasn't allowed to have his case heard by a jury. The four justices in the majority opinion said the customer should expect to find bones in a boneless wings order because chickens have bones. Donnelly said the majority on the case overstepped "because they wanted to protect businesses from future liability."

Laura Bischoff is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on The Columbus Dispatch: Ohio Supreme Court Justice Michael Donnelly runs for second term