HCR 26: Summons Hon. Ted N. Berry to show cause re: removal from office
The resolution accuses Judge Ted N. Berry of violating the Ohio Code of Judicial Conduct. The judge made public comments after the assassination of Charlie Kirk, including statements that expressed racial bias and supported gun violence. These comments contravene rules 1.2 and 2.3 of the code, which require judges to promote public confidence in the judiciary and act impartially. The comments also raise questions about the judge's adherence to rules 2.4 and 2.11, which prohibit judges from allowing personal or political interests to influence their conduct and from making public statements that commit them to a particular result. The resolution finds that the judge's conduct warrants his removal from office under Article IV, Section 17 of the Ohio Constitution. The resolution summons the judge to appear before the General Assembly and show cause why he should not be removed from office.
| Oct. 21, 2025 | Introduced and Referred to Committee: General Government |
As Introduced
136th General Assembly
Regular Session
H. C. R. No. 26
2025-2026
Representatives Mathews, A., Swearingen
A CONCURRENT RESOLUTION
Summoning the Honorable Ted N. Berry, Judge of the 1Hamilton County Municipal Court, to appear before the 2General Assembly and show cause why he should not be 3removed from office under Article IV, Section 17 of 4the Ohio Constitution. 5
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO (THE SENATE CONCURRING):
WHEREAS, Article IV, Section 17 of the Ohio Constitution 6provides that the General Assembly, upon the concurrence of two- 7thirds of the members elected to each house, may adopt a 8concurrent resolution removing a judge from office; and 9
WHEREAS, Article IV, Section 17 of the Ohio Constitution 10also provides that such a concurrent resolution may be adopted 11only upon complaint, the substance of which having been entered 12upon the journals of the two houses, and only after the judge 13has had notice of the complaint and been provided with an 14opportunity to be heard; and 15
WHEREAS, The House of Representatives and the Senate of the 16136th General Assembly complain as follows under Article IV, 17Section 17 of the Ohio Constitution against the Honorable Ted N. 18Berry, Judge of the Hamilton County Municipal Court: 19
- In response to the assassination of Charlie Kirk on 20September 10, 2025, Judge Berry posted a series of public 21comments on social media, including:
- Canon 1 of the Ohio Code of Judicial Conduct states 27that, "A judge shall uphold and promote the independence, 28integrity, and impartiality of the judiciary, and shall avoid 29impropriety and the appearance of impropriety."
- Rule 1.2 of the Code provides that, "A judge shall act 31at all times in a manner that promotes public confidence in the 32independence, integrity, and impartiality of the judiciary, and 33shall avoid impropriety and the appearance of impropriety." 34
- Judge Berry's statements contravene Rule 1.2 and 35actively erode the very public confidence he is sworn to uphold.
- Canon 2 of the Code states that, "A judge shall perform 37the duties of judicial office impartially, competently, and 38diligently."
- Rule 2.3 of the Code prohibits a judge from 40"manifest[ing] bias or prejudice ... based upon race."
- Judge Berry's comments, particularly celebrating the 42killer's race by saying "Color it KARMA!," are a flagrant 43violation of Rule 2.3.
- Rule 2.4 of the Code prohibits a judge from allowing 45personal or political interests to "influence the judge's 46judicial conduct or judgment."
- Judge Berry's public display of racial bias, combined 48with his politically charged statements on gun control, call 49into question his adherence to Rule 2.4. He has demonstrated a 50clear inability to remain impartial. It is unclear how any51person could be confident in fairness before his court. 52
- Rule 2.11 of the Code requires a judge to "disqualify 53himself or herself in any proceeding in which the judge's54impartiality might reasonably be questioned, including 55[that] [t]he judge, while a judge or a judicial candidate, has56made a public statement, other than in a court proceeding, 57judicial decision, or opinion, that commits or appears to commit 58the judge to reach a particular result or rule in a particular 59way in the proceeding or controversy." 60
- Judge Berry's comments display a clear "personal bias 61or prejudice" that would require his disqualification under Rule 622.11. His conduct casts a dark shadow of doubt over his 63impartiality in all future cases that will come before his 64court.
"So, a white guy killed him! Color it KARMA!"
"Rest in Hatred & Division!"
"How's he feel about gun violence & gun control in Hell, 25now?"
From these facts, the House of Representatives and the 66Senate find that Judge Berry has violated the Ohio Code of 67Judicial Conduct, which warrants Judge Berry's removal from 68office under Article IV, Section 17 of the Ohio Constitution; 69now therefore be it 70
RESOLVED, That the House of Representatives and the Senate 71therefore summon Judge Berry to appear before the General 72Assembly and show cause why he should not be removed from office 73under Article IV, Section 17 of the Ohio Constitution. Within 74ten days after being served with this resolution, Judge Berry 75shall contact the Speaker of the House of Representatives and 76the President of the Senate to fix the time and place at which 77he is so to appear; and be it further 78
RESOLVED, That in all proceedings under this resolution, 79Judge Berry may have the assistance of counsel; and be it 80further 81
RESOLVED, That the Clerk of the House of Representatives 82and the Clerk of the Senate shall spread this resolution in full 83upon the pages of the House and Senate Journals; and be it 84further 85
RESOLVED, That the Sergeant-at-Arms of the House of 86Representatives shall serve a copy of this resolution personally 87upon Judge Berry, wherever he may be found. The Sergeant-at-Arms 88shall certify in writing the fact of this service to the Clerk 89of the House of Representatives and to the Clerk of the Senate. 90The Clerk of the House of Representatives and the Clerk of the 91Senate shall spread the certificate in full upon the pages of 92the House and Senate Journals; and be it further 93
RESOLVED, That the Clerk of the House of Representatives 94shall transmit certified copies of this resolution to the 95Governor, to the Chief Justice of the Supreme Court of Ohio, and 96to the Presiding Judge of the Hamilton County Municipal Court. 97