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I just receied a call from a reporter with regard to an interesting question that I thought some of you may have considered.

An Ohio judge sentenced a sex offender to a year of home detention and probation.  Bill O'Reily went nuts about the sentence and the Ohio legislature indicated that it was going to try to impeach the judge.  For lots of reasons, they decided not to.  Groups are now moving to have the judge recalled.  One of the major groups behind the recall is a (c)(3).  501(c)(3)s are prohibited from intervening in a political campaign on behalf of (or in opposition to) a candidate for public office.  A technical reading might be that the judge is not now a candidate (though we elect judges in Ohio) and that he is not running for public office (he is not up for re-election for 5 years).  On the other hand, this seems to be the type of activity that should be prohibited.

Is anyone aware of this issue comming up in the past?

Donald Tobin
Moritz College of Law
The Ohio State University


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