Hicks-Hudson Commends Passage of Criminal Rule 46 Codification

Today, state Senator Paula Hicks-Hudson (D-Toledo) commended the Ohio Senate’s unanimous passage of Senate Bill 122, her bill with state Senator Nathan Manning (R-North Ridgeville) to codify Ohio Criminal Rule 46 in its entirety, protecting consistency in setting bail in Ohio courts.

“A full repeal of the current rules without codification of Criminal Rule 46 would leave major gaps in our criminal justice system,” said Hicks-Hudson. “It is critical we enact Criminal Rule 46 as a statute through S.B. 122 to avoid ambiguity and provide consistent, uniform treatment of pre-trial release, detention and bail that Ohioans deserve.”

In the November 2022 election, State Issue 1 passed, requiring courts to consider factors like public safety when setting bail amounts. However, Issue 1 also eliminated the requirement that bail amounts and conditions be established by the Supreme Court. Earlier this year, the Ohio Supreme Court filed their proposed changes to the Rules of Practice and Procedure for Ohio Courts with the Ohio General Assembly. A full repeal of Criminal Rule 46 was among the proposed changes. Until Issue 1, the procedure of bail had been controlled by Criminal Rule 46 since 1973, with the most recent updates to the rule in July 2020 and July 2006.

When asked during committee why codification of Criminal Rule 46 through S.B. 122 is a better solution than a simple disapproval of the proposed rule change by the General Assembly, Chief Justice Sharron Kennedy stated, “If you deny the appeal, you are not listening to Ohioans who overwhelmingly voted for State Issue 1. Their voice was that the Court should not make any rules of practice or procedure as it relates to the conditions or the amount of bond.”

Proponents of S.B. 122 include the Ohio Attorney General, Ohio Judicial Conference, Ohio Bar Association, Ohio Prosecuting Attorneys Association, and ACLU of Ohio, among others. The court’s proposed rules, which would allow for arbitrary bail amounts to be set, will take effect on July 1 unless the General Assembly adopts a resolution of disapproval on all or part of the rules.

Senate Bill 122 now heads to the Ohio House for consideration.