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As Introduced
136th
General Assembly
Regular
Session
H. C. R. No. 26
2025-2026
Representatives
Mathews, A., Swearingen
A
c o n c u r r e n t R E S O L U T I O N
Summoning
the Honorable Ted N. Berry, Judge of the Hamilton County Municipal
Court, to appear before the General Assembly and show cause why he
should not be removed from office under Article IV, Section 17 of the
Ohio Constitution.
BE
IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO (THE
SENATE CONCURRING):
WHEREAS,
Article IV, Section 17 of the Ohio Constitution provides that the
General Assembly, upon the concurrence of two-thirds of the members
elected to each house, may adopt a concurrent resolution removing a
judge from office; and
WHEREAS,
Article IV, Section 17 of the Ohio Constitution also provides that
such a concurrent resolution may be adopted only upon complaint, the
substance of which having been entered upon the journals of the two
houses, and only after the judge has had notice of the complaint and
been provided with an opportunity to be heard; and
WHEREAS,
The House of Representatives and the Senate of the 136th General
Assembly complain as follows under Article IV, Section 17 of the Ohio
Constitution against the Honorable Ted N. Berry, Judge of the
Hamilton County Municipal Court:
1.
In response to the assassination of Charlie Kirk on September 10,
2025, Judge Berry posted a series of public comments on social media,
including:
"So,
a white guy killed him! Color it KARMA!"
"Rest
in Hatred & Division!"
"How's
he feel about gun violence & gun control in Hell, now?"
2.
Canon 1 of the Ohio Code of Judicial Conduct states that, "A
judge shall uphold and promote the
independence,
integrity, and impartiality
of the judiciary, and shall avoid
impropriety
and
the appearance of
impropriety
."
3.
Rule 1.2 of the Code provides that, "A judge shall act at all
times in a manner that promotes public confidence in the
independence,
integrity, and impartiality
of the judiciary, and shall avoid
impropriety
and
the appearance of
impropriety
."
4.
Judge Berry's statements contravene Rule 1.2 and actively erode the
very public confidence he is sworn to uphold.
5.
Canon 2 of the Code states that, "A judge shall perform the
duties of judicial office
impartially
,
competently, and diligently."
6.
Rule 2.3 of the Code prohibits a judge from "manifest[ing] bias
or prejudice
...
based upon race."
7.
Judge Berry's comments, particularly celebrating the killer's race by
saying "Color it KARMA!," are a flagrant violation of Rule
2.3.
8.
Rule 2.4 of the Code prohibits a judge from allowing personal or
political interests to "influence the judge's judicial conduct
or judgment."
9.
Judge Berry's public display of racial bias, combined with his
politically charged statements on gun control, call into question his
adherence to Rule 2.4. He has demonstrated a clear inability to
remain impartial. It is unclear how any person could be confident in
fairness before his court.
10.
Rule 2.11 of the Code requires a judge to "disqualify himself or
herself in any proceeding in which the judge's
impartiality
might
reasonably be questioned, including
...
[that] [t]he judge, while a judge or a judicial candidate, has made a
public statement, other than in a court proceeding, judicial
decision, or opinion, that commits or appears to commit the judge to
reach a particular result or rule in a particular way in the
proceeding or controversy."
11.
Judge Berry's comments display a clear "personal bias or
prejudice" that would require his disqualification under Rule
2.11. His conduct casts a dark shadow of doubt over his impartiality
in all future cases that will come before his court.
From
these facts, the House of Representatives and the Senate find that
Judge Berry has violated the Ohio Code of Judicial Conduct, which
warrants Judge Berry's removal from office under Article IV, Section
17 of the Ohio Constitution; now therefore be it
RESOLVED,
That the House of Representatives and the Senate therefore summon
Judge Berry to appear before the General Assembly and show cause why
he should not be removed from office under Article IV, Section 17 of
the Ohio Constitution. Within ten days after being served with this
resolution, Judge Berry shall contact the Speaker of the House of
Representatives and the President of the Senate to fix the time and
place at which he is so to appear; and be it further
RESOLVED,
That in all proceedings under this resolution, Judge Berry may have
the assistance of counsel; and be it further
RESOLVED,
That the Clerk of the House of Representatives and the Clerk of the
Senate shall spread this resolution in full upon the pages of the
House and Senate Journals; and be it further
RESOLVED,
That the Sergeant-at-Arms of the House of Representatives shall serve
a copy of this resolution personally upon Judge Berry, wherever he
may be found. The Sergeant-at-Arms shall certify in writing the fact
of this service to the Clerk of the House of Representatives and to
the Clerk of the Senate. The Clerk of the House of Representatives
and the Clerk of the Senate shall spread the certificate in full upon
the pages of the House and Senate Journals; and be it further
RESOLVED,
That the Clerk of the House of Representatives shall transmit
certified copies of this resolution to the Governor, to the Chief
Justice of the Supreme Court of Ohio, and to the Presiding Judge of
the Hamilton County Municipal Court.