Suspects, defense lawyers and prosecutors can continue to enter felony plea bargains in which judges are asked to sign off on criminal charges that may not square with the facts.
The Ohio Supreme Court this week rejected the recommendation of the state's judges and its own rules commission to require felony charges in plea bargains to be based on the factual circumstances of underlying crimes.
The lead proponent, a Cuyahoga County judge, had argued the change would promote transparency and accountability in the courts and ensure convictions bear a resemblance to the crime that occurred.
Common Pleas Judge Michael P. Donnelly cited hundreds of cases in which defendants charged with sex offenses were allowed to plead to aggravated assault and other crimes and escape sex-offender registration requirements.
Without comment, the justices voted 4-2 to not adopt the proposal. Justices Judith L. French, Sharon L. Kennedy, Judith Ann Lanzinger and William M. O'Neill voted against it.
Chief Justice Maureen O'Connor and Justice Terrence O'Donnell voted in favor of the measure. Justice Paul E. Pfeifer did not participate in the vote.
The Ohio Judicial Conference, representing the state's judges, and the court's rules commission joined advocates for sexual-assault victims and others in lobbying the court to change plea-bargain rules.
Some public defenders and criminal-defense lawyers opposed the change, saying they must have negotiating room to work with prosecutors to find suitable charges to which their clients would agree to plead guilty. Some also feared a flood of trials would occur.
"I fear that not advancing this will be a tacit endorsement of the practice of taking factually baseless pleas. This was to ensure consistency with the principles of truth and justice," Donnelly said Thursday.
Several states and the federal court system prohibit plea bargains in which defendants are allowed to plead guilty to charges that do not reflect the crimes they actually committed, Donnelly said.
"I am going to continue my blanket policy, and won't accept factually baseless pleas, until the Supreme Court tells me I must. And if that occurs, I will resign," Donnelly said.
Greene County Common Pleas Judge Stephen A. Wolaver, who leads the Ohio Supreme Court's criminal-rules committee, said the proposed rules change, unlike most, generated some objections.
"I know judges can choose to essentially follow the spirit of the (proposed) rule if they choose to do so. I probably will," Wolaver said. "I think a good number of judges would be willing to follow that rule."
The Ohio Supreme Court approved minor amendments to other court rules submitted this week to the General Assembly. The court can revise the changes until May 1. Unless lawmakers object, the changes will take effect July 1.
(c)2016 The Columbus Dispatch (Columbus, Ohio)
