Abortion provider demands recusal of judge from case over her speech at pro-life event

An abortion provider has called on Ohio Supreme Court Justice Sharon Kennedy to recuse herself from a pending case because she delivered a speech at a pro-life event earlier this year.

Kennedy and other justices are expected to hear the appeal from the abortion clinic Capital Care Network of Toledo, which was shut down after it was found to be in violation of a 2014 state law requiring a transfer agreement with a local hospital.

In 2013, Capital Care lost its emergency transfer agreement with the University of Toledo Medical Center, according to Toledo Blade. The clinic found a hospital affiliated with the University of Michigan Health System in Ann Arbor willing to enter into an agreement, but the state contended that it does not count as a "local" hospital since it was located over 50 miles away from the clinic.

The abortion clinic filed a lawsuit against the Ohio Department of Health after it ordered the clinic to close its doors. The Lucas County Common Pleas Court and the Sixth District Court of Appeals ruled in favor of the clinic, prompting the state agency to file an appeal to the Ohio Supreme Court.

Last week, Capital Care's attorney, Jennifer Branch, submitted an official request for Kennedy to recuse herself from the case due to her participation at the Toledo Right to Life's annual breakfast and legislative briefing in March.

"The facts in the attached affidavit indicate that many individuals and groups in Ohio have reasonably questioned Justice Kennedy's impartiality regarding this case involving the license to operate a facility that provides abortions," Branch stated in her request.

Branch noted that Kennedy's speech at the event was advertised, adding that the Toledo Right to Life and the Foundation for Life have used her participation in the event to raise money.

Kennedy, however, has refused the abortion clinic's demands to remove herself from the case that is scheduled to be heard on Sept. 12. Court rules indicate that Kennedy has the decision whether or not she will recuse herself.

"Having reviewed the request, I find it to be without merit and will continue to participate in the case," she wrote.

Ed Sitter of Greater Toledo Right to Life came to Kennedy's defense, saying she was invited to speak at the event "because of her judicial philosophy about not legislating from the bench but simply acting as an umpire."

Two separate ethics complaints filed by outside groups accusing Kennedy of having a conflict of interest have been dismissed by an appointed panel.

Bret Adams, a retired Columbus attorney, who filed one of the complaints, contended that Kennedy's refusal means that she is not adhering to "the most basic tenet of the Code of Judicial responsibility."

"No lawyer or judge in this state can represent a client or rule on cases if there is an actual conflict of interest or an appearance of a conflict of interest," Adams said.

"There is an obvious conflict of interest as she has clearly shown a pro-life position with her speeches to pro-life organizations and acceptance of campaign contributions," he added.