COLUMBUS, Ohio — Ohio Attorney General Dave Yost on Tuesday led a group of several state leaders pushing for a new constitutional amendment regarding bail reform, specifically when it comes to matters relating the protection of "law-abiding Ohioans."
In the recent case of Dubose v. McGuffey, the Supreme Court of Ohio ruled in a 4-3 decision that judges cannot take the safety of the public into account when determining cash bonds from criminal defendants. The determination upheld a prior appeals court ruling, but left lawmakers and authorities scrambling for a possible solution.
An amendment to the Ohio constitution would essentially reverse the court's finding, with Yost being joined at an 11 a.m. press conference by Hamilton County Prosecutor Joseph T. Deters and three members of the General Assembly, all Republicans. The officials claim the changes are needed to prevent potentially dangerous suspects from being freed before a trial.
"There's a difference between a presumption of innocence in court and pretending that a career criminal is no threat on the street," Yost said. "This constitutional amendment is necessary to make our communities safe."
In order for any constitutional amendment to be enacted, 60 members of the Ohio House of Representatives along with 20 members of the state Senate must vote for its passage, with voters eventually getting final approval or disapproval. To that end, state Reps. Jeff LaRe (R-Violet Township) and D.J. Swearingen (R-Huron) have proposed such such legislation in the House, with state Sen. Theresa Gavarone (R-Bowling Green) offering a companion piece in the Senate.
"Those accused of crimes are innocent until proven guilty," Swearingen admitted, "but it's important that judges are also able to take into account the safety of innocent Ohioans when letting a defendant out on bond."
Republican Chief Justice Maureen O'Connor joined the court's three Democratic justices in the majority, saying safety concerns expressed by the victim's family members and evidence that the suspect — Justin Dubose — presented a false ID when confronted after fleeing to Las Vegas weren't factors relevant to the amount of bail. However, the court did say that public safety concerns could be met by other requirements, such as electronic monitoring, which was done in the case of the Cincinnati murder suspect, according to court records. DuBose was also banned from contacting the victim's family.
Gavarone called the majority ruling "reckless," and claimed the proposed amendment "will ensure that our judges have the tools they need to protect the public from violent offenders." Deters agreed, pointed to the overwhelming approval of "Marsy's Law" by voters in 2017.
"It is unfortunate that another constitutional amendment must be passed to reaffirm that position until victims of crime and our broader communities are protected from violent criminals," Deters added. "I'm not going to sit idly by and allow Ohio’s urban areas to suffer the same fate of far too many other cities in the United States."
Should the General Assembly approve the amendment, it could be on the ballot for the November general election.
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Editor's note: Video in the player above was originally published in an unrelated article on March 28, 2022.
