From: Larry Hilkene
Columbus
We should expect more of our judges. No, judges are not allowed to comment on particular cases. They are allowed to comment on criteria used when making decisions about types of cases. In the case of domestic orders, what criteria are considered? Oral testimony? Reports from agencies? Potential impact to local law enforcement? Cost to governmental resources?
Judge Jon Rohde stated in his order that the “preponderance of evidence did not support” issuing a protective order. To translate that into English, the judge said he didn’t believe the claimant, who later was, in fact, a victim. Preponderance of the evidence is a 50/50 standard. To win on preponderance, all the party asking needs to do is show more than a 50% chance of being correct. He simply didn’t believe her.
When these judges sit for reelection, that’s the question to ask. What does it take to be believed? What criteria do you use? The canons of judicial ethics do not prevent judges or judge-candidates from answering those questions. Refusing to answer those questions amounts to hiding. Do we want judges who hide?
