Swearingen files resolution to remove judge in Cincinnati

SANDUSKY — State Rep. D.J. Swearingen, R-Huron, is seeking to remove a Cincinnati judge from office for allegedly making social media posts that celebrated the death of Charlie Kirk. Swearingen announced he is prepared to pursue removal proceedings in the Ohio House against Ted N. Berry, a municipal court judge in Hamilton County in southern Ohio. Swearingen said Berry refused to resign after making inflammatory public statements in support of the political assassination of Charlie Kirk. "Judge Berry has had every opportunity to step down in recognition of his misconduct and his blatant violations of judicial ethics," Swearingen said in a news release issued by his office. "His refusal to resign leaves the legislature no choice but to pursue the most serious option available to ensure public confidence in the fairness of Ohio's courts." Kirk, a right-wing activist, was murdered on Sept. 10 during a public appearance at Utah Valley University in Utah. Murder charges have been filed against suspect Tyler Robinson. An article in the Cincinnati Enquirer newspaper, quoting State Rep. Adam Mathews, R-Lebanon, says that Berry wrote in a now-deleted Facebook post, "So, a white guy killed him! Color it KARMA!" Berry also wrote, "How's he feel about gun violence and gun control in Hell, now?" According to the Enquirer, "Berry has told The Enquirer that he does not condone violence and that he regretted if the posts caused division because that wasn't his intent." On Wednesday, Swearingen and Matthews filed a House resolution to remove Berry. Swearing says that Matthews violated rules in the Ohio Code of Judicial Conduct, including provisions that require judges to "uphold public confidence in the judiciary and avoid impropriety," banning "bias or prejudice on the basis of race," forbidding judges from "from allowing political or personal interests to influence their judicial duties" and dealing with "disqualification due to public statements reflecting bias or prejudice." Swearingen and Matthews have filed a resolution to begin the process of removing Berry from office. Berry's biography on his official website says, "Judge Ted N. Berry is a native Cincinnatian, and the son of Theodore M. Berry the first African American Mayor of Cincinnati." He has a law degree from Georgetown University and held a variety of jobs before being elected judge, including working as a law clerk for a U.S. attorney, working in a public defender's office and representing various clients in private practice, including insurance companies.