Rep. Adam Mathews calls for resignation of Judge Berry following egregious public statements
Rep. Adam Mathews
LEBANON – State Rep. and attorney Adam Mathews this week called for the immediate resignation of Judge Ted Berry following a series of public comments on social media about the tragic death of Charlie Kirk. The statements, which celebrated the death with vitriolic, racially charged, and political language, represent a serious violation of the ethical standards required of every judge in Ohio.
"A judge must be a pillar of fairness and impartiality in our community," said Rep. Mathews. "To see a sitting judge post comments like 'Rest in Hatred & Division!', ask 'How's he feel about gun violence & gun control in Hell, now?', and then celebrate the race of the killer by stating 'So, a white guy killed him! Color it KARMA!' is shocking and completely unacceptable. This is not the conduct of a neutral arbiter of the law; it is the behavior of a political activist who has abandoned the core principles of his office."
The Ohio Code of Judicial Conduct sets forth strict requirements for a judge's behavior, both on and off the bench.
Canon 1 requires that a judge "uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety".
Rule 1.2 of this canon specifically mandates that a judge "shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary". Judge Berry’s statements do the opposite, actively eroding the very public confidence he is sworn to uphold.
Canon 2 further dictates that a judge must perform their duties impartially. Judge Berry’s comments, particularly celebrating the killer's race by saying "Color it KARMA!", are a flagrant violation of Rule 2.3, which explicitly prohibits a judge from manifesting "bias or prejudice...based upon race". This public display of racial bias, combined with his politically charged statements on gun control, also calls into question his adherence to Rule 2.4, which prohibits a judge from allowing personal or political interests to "influence the judge's judicial conduct or judgment". He has demonstrated a clear inability to remain impartial. I am unsure how any person could be confident in fairness before his court.
"I hope Judge Berry takes an honorable action after these dishonorable statements," Rep. Mathews stated. "His comments display a clear 'personal bias or prejudice' that would require his disqualification under Rule 2.11, which includes public statements. More importantly, this conduct casts a dark shadow of doubt over his impartiality in all future cases that will come before his court."
"Should Judge Berry choose not to resign, I am prepared to file a formal grievance with the Supreme Court of Ohio's Office of Disciplinary Counsel or take other actions towards removal to ensure that the integrity of our judiciary is protected,” said Rep. Mathews. “The people of Ohio deserve a judiciary they can trust to be fair, unbiased, and beyond reproach. Judge Berry's actions have fallen far short of that sacred trust."