Pat DeWine

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Pat DeWine
Image of Pat DeWine
Ohio Supreme Court
Tenure

2017 - Present

Term ends

2029

Years in position

7

Prior offices
Ohio First District Court of Appeals
Successor: Dennis Deters

Compensation

Base salary

$184,575

Elections and appointments
Last elected

November 8, 2022

Education

Bachelor's

Miami University, 1990

Law

University of Michigan Law School, 1994

Contact

Pat DeWine (Republican Party) is a judge of the Ohio Supreme Court. He assumed office on January 1, 2017. His current term ends on January 1, 2029.

DeWine (Republican Party) ran for re-election for judge of the Ohio Supreme Court. He won in the general election on November 8, 2022.

DeWine was elected to this court on November 8, 2016, for a term that began on January 2, 2017. To read more about judicial selection in Ohio, click here.

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country. As part of this study, we assigned each justice a Confidence Score describing our confidence in the degree of partisanship exhibited by the justices' past partisan behavior, before they joined the court.[1] DeWine received a confidence score of Strong Republican.[2] Click here to read more about this study.

Biography

DeWine received his undergraduate degree from Miami University in 1990 and his J.D. from the University of Michigan Law School in 1994.[3] DeWine was previously a judge on the Ohio First District Court of Appeals. He was elected to that court in November 2012. Before joining the appellate court, DeWine practiced law with the firm of Keating, Muething & Klekamp in Cincinnati, Ohio, for 13 years. He then served as a judge for the Hamilton County Court of Common Pleas for four years.[3]

Elections

2022

See also: Ohio Supreme Court elections, 2022

General election

General election for Ohio Supreme Court

Incumbent Pat DeWine defeated Marilyn Zayas in the general election for Ohio Supreme Court on November 8, 2022.

Candidate
%
Votes
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Pat_DeWine.jpg
Pat DeWine (R)
 
56.3
 
2,306,428
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Marilyn-Zayas.jpg
Marilyn Zayas (D) Candidate Connection
 
43.7
 
1,789,384

Total votes: 4,095,812
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

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Democratic primary election

Democratic primary for Ohio Supreme Court

Marilyn Zayas advanced from the Democratic primary for Ohio Supreme Court on May 3, 2022.

Candidate
%
Votes
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Marilyn-Zayas.jpg
Marilyn Zayas Candidate Connection
 
100.0
 
406,732

Total votes: 406,732
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Republican primary election

Republican primary for Ohio Supreme Court

Incumbent Pat DeWine advanced from the Republican primary for Ohio Supreme Court on May 3, 2022.

Candidate
%
Votes
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Pat_DeWine.jpg
Pat DeWine
 
100.0
 
719,162

Total votes: 719,162
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Campaign finance

2016

See also: Ohio Supreme Court elections, 2016

DeWine ran for the Ohio Supreme Court. He faced Ohio Eleventh District Court of Appeals Judge Cynthia Rice in the general election on November 8, 2016. Incumbent Paul Pfeifer was ineligible for re-election because he reached the mandatory retirement age.[4][5]

Election results

November 8 general election
Pat DeWine defeated Cynthia Rice in the general election for the Ohio Supreme Court, Pfeiffer's seat.
Ohio Supreme Court, Pfeifer's Seat, 2016
Party Candidate Vote % Votes
     Republican Green check mark transparent.png Pat DeWine 56.31% 2,438,641
     Democratic Cynthia Rice 43.69% 1,892,450
Total Votes (100% reporting) 4,331,091
Source: Ohio Secretary of State Official Results
March 15 primary
Ohio Supreme Court, Justice Pfiefer's Seat Republican Primary, 2016
Party Candidate Vote % Votes
     Republican Green check mark transparent.png Pat DeWine  (unopposed) 100.00% 1,336,648
Total Votes 1,336,648
Source: Ohio Secretary of State Official Results

Ohio State Bar Association rating

The Ohio State Bar Association's 25-member Commission on Judicial Candidates rates each supreme court candidate as either "not recommended," "recommended," "highly recommended," or "superior." Below are the ratings each 2016 candidate received.

A candidate who is rated "not recommended" received favorable evaluations from less than 60 percent of the commission members. A rating of "recommended" means that the candidate received favorable evaluations from more than 60 percent of the commission members. Those candidates rated "recommended" are subject to a second poll of the commission members; a vote of more than 70 percent of the commission raises that candidate's rating to "highly recommended." Those so rated are subject to a third poll; a vote of more than 80 percent of the commission will raise a "highly recommended" candidate to a rating of "superior."

Ohio State Bar Association Ratings, 2016
Candidate Rating
Cynthia Rice Highly Recommended
Pat DeWine Not Recommended
Source: Ohio State Bar Association

Campaign finance

2012

See also: Ohio judicial elections, 2012

DeWine was elected to the Ohio First District Court of Appeals in 2012. He defeated Bruce Whitman in the general election on November 6, winning 61.01 percent of the vote.[6]

Cincinnati Bar Association judicial candidate ratings

Excellent Good Fair Poor
Integrity, Character & Objectivity 36% 37% 17% 9%
Legal Experience, Knowledge & Ability 34% 37% 19% 9%
Respect for/courtesy to Litigants, Counsel & Witnesses 40% 39% 13% 8%
Diligence 45% 34% 13% 8%

[7]

Campaign themes

2022

Ballotpedia survey responses

See also: Ballotpedia's Candidate Connection

Pat DeWine did not complete Ballotpedia's 2022 Candidate Connection survey.

Analysis

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship and Ballotpedia Courts: Determiners and Dissenters

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation. This was not a measure of where a justice fell on an ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. The scores were based on seven factors, including but not limited to party registration.[8]

The five resulting categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[9]
  • Mild Republican
  • Strong Republican

This justice's Confidence Score, as well as the factors contributing to that score, is presented below. The information below was current as of June 2020.

Pat
DeWine

Ohio

  • Partisan Confidence Score:
    Strong Republican
  • Judicial Selection Method:
    Elected
  • Key Factors:
    • Was a registered Republican as of 2020
    • Donated over $2,000 to Republican candidates
    • Held political office as a Republican


Partisan Profile

Details:

DeWine was a registered Republican as of 2020. He donated $3,665 to Republican candidates. In 2005 he was a candidate in the Republican primary for Ohio's 2nd Congressional district for the House of Representatives. He received $39,839 from the Ohio Republican Party. He was endorsed by the National Federation of Independent Business and the Ohio Chamber of Commerce PAC, both of which endorse Republican candidates more frequently than Democrats. Ohio was a Republican trifecta when he was elected.



State supreme court judicial selection in Ohio

See also: Judicial selection in Ohio

The seven justices of the Ohio Supreme Court are selected through partisan primaries and partisan general elections. Previously, these judges were selected through partisan primaries and nonpartisan general elections, known as the Michigan method.[10][11][12]

All judges serve six-year terms, after which they are required to run for re-election if they wish to remain on the court.[12]

Qualifications

To serve on the Ohio Supreme Court, a judge must:

  • have at least six years in the practice of law;
  • be licensed to practice law in the state for at least one year preceding appointment or commencement of the judge's term;
  • a judge of a court of record in any jurisdiction in the U.S.; and
  • be under the age of 70.[13]

Chief justice

The chief justice of the Ohio Supreme Court is chosen by voters at large, serving a full six-year term in that capacity.[12]

Vacancies

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election taking place 40 or more days after the vacancy occurred. If re-elected, the judge serves the remainder of his or her predecessor's unexpired term.[12]

In 2007, Governor Ted Strickland (D) issued an executive order creating a judicial appointment recommendation panel to assist in making new appointments. The panel evaluates applicants and advises the governor, but the governor is not bound to the panel's recommendations.[12] A similar system was established in 1972 under Governor Jack Gilligan (D), but it was abolished by Governor James A. Rhodes (R) three years later.[14]

The map below highlights how vacancies are filled in state supreme courts across the country.



Noteworthy cases

Ohio Supreme Court limits Chevron deference (2023)

See also: Chevron deference

The Ohio Supreme Court on December 29, 2022, ruled against applications of Chevron deference in the state. In TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors, the court found that state courts do not need to defer to state agency interpretations of the law—a deference doctrine known as Chevron deference at the federal level.[15]

Lower courts in TWISM deferred to the Ohio Board of Registration for Professional Engineers and Surveyors’ interpretation of its engineering certification rules, which denied TWISM Enterprises’ application to provide professional engineering services because the company’s designated licensed engineer was an independent contractor rather than an employee. TWISM Enterprises appealed the decision to the Ohio Supreme Court, arguing that the agency’s interpretation of the governing statute was flawed because the law does not specify that the licensed engineer must be an employee of the business.[15]

Justice Pat DeWine (with Justices Sharon L. Kennedy, Pat Fischer, and Michael P. Donnelly concurring) disagreed with the agency’s interpretation of the statute and argued that the judicial branch has the authority to determine whether the statutory interpretations of state agencies are lawful. DeWine, writing for the court, argued “that it is the role of the judiciary, not administrative agencies, to make the ultimate determination about what the law means. Thus, the judicial branch is never required to defer to an agency's interpretation of the law.” DeWine added that “an agency interpretation is simply one consideration a court may sometimes take into account in rendering the court's own independent judgment as to what the law is.”[15]

Justices Maureen O’Connor, Melody Stewart, and Jennifer Brunner concurred in the judgment only.[15]

See also

Ohio Judicial Selection More Courts
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Courts in Ohio
Ohio District Courts of Appeals
Ohio Supreme Court
Elections: 20242023202220212020201920182017
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Judicial selection in Ohio
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External links

Footnotes

  1. We calculated confidence scores by collecting several data points such as party registration, donations, and previous political campaigns.
  2. The five possible confidence scores were: Strong Democrat, Mild Democrat, Indeterminate, Mild Republican, and Strong Republican.
  3. 3.0 3.1 Cite error: Invalid <ref> tag; no text was provided for refs named bio
  4. Denise Grant, The Courier, "Ballot set for March primary election," archived February 2, 2016
  5. Ohio Secretary of State Jon Husted, "2016 Ohio Elections Calendar," archived February 12, 2017
  6. Ohio Secretary of State, "Official Election Results, 11/6/2012: Judge of Court of Appeals," archived January 30, 2015
  7. Cincinnati Bar Association, "2012 Judicial Candidate Ratings," archived January 14, 2016
  8. The seven factors were party registration, donations made to partisan candidates, donations made to political parties, donations received from political parties or bodies with clear political affiliation, participation in political campaigns, the partisanship of the body responsible for appointing the justice, and state trifecta status when the justice joined the court.
  9. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  10. Ohio Secretary of State, “Ohio Candidate Requirement Guide,” accessed December 7, 2021
  11. Ohio General Assembly, “(Senate Bill Number 80),” accessed December 7, 2021
  12. 12.0 12.1 12.2 12.3 12.4 National Center for State Courts, "Methods of Judicial Selection: Ohio," accessed September 1, 2021
  13. Ohio Laws & Administrative Rules, "Section 2503.01 | Composition of supreme court; qualifications for justices.," accessed April 12, 2023
  14. University of Cincinnati College of Law, "Judicial Selection in Ohio: History, Recent Developments, and an Analysis of Reform Proposals," September 2003
  15. 15.0 15.1 15.2 15.3 Supreme Court of Ohio, "TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors," December 29, 2022