On Friday, March 27, 2026, Colleen Tonges O’Donnell, a candidate for the Supreme Court of Ohio, filed an answer to a formal complaint alleging violations of the Ohio Code of Judicial Conduct.
The complaint, initiated by Relator Gary Fox and identified as Case No. 2026-006, was filed with the Ohio Court of Appeals Judges Association.
The central allegation is that O’Donnell presented herself or allowed herself to be presented as a sitting judge, creating a false impression of incumbency, which is a violation of Canon 4 of the Ohio Code of Judicial Conduct. The complaint also asserts that O’Donnell failed to correct third-party organizations and media outlets that referred to her as “judge” without qualification, which constitutes a “reckless disregard for the truth” under Judicial Conduct Rule 4.3(A).
Specifically, the complaint highlights a Facebook post from January 14, 2026, in which O’Donnell shared a third-party endorsement from Ohio Value Voters (OVV) that repeatedly referred to her as “judge,” despite her not holding such a position. This action, according to the complaint, implies O’Donnell’s adoption of the endorsement as a campaign contribution.
In her response, O’Donnell denies all allegations, asserting she did not present herself as a sitting judge or create a false impression of incumbency, thereby not violating Canon 4 of the Ohio Code of Judicial Conduct. She further contends that she attended the Ohio Board of Professional Conduct’s “Judicial Candidate Seminar 2026” on December 3, 2025, in Dublin, Ohio, where the issue of correcting third-party references to candidates as “judge” was discussed. O’Donnell claims that presenters from the Board of Professional Conduct stated that candidates have no duty to correct such references, and she has relied on this guidance in good faith throughout her campaign.
O’Donnell also addresses the Facebook post in question, stating that her campaign committee, not herself, posted a hyperlink to the OVV endorsement. She claims she did not author or control the language in the endorsement, which referred to her past service and used her first name without a title multiple times.
Furthermore, O’Donnell’s response invokes Rule 4.2(C)(5) of the Code of Judicial Conduct, which permits judicial candidates to seek, accept, or use endorsements. Consistent with her commitment to Canon 4, she has removed the hyperlink to the OVV endorsement from her Facebook page as a precaution.
O’Donnell denies that she violated Canon 4 of the Ohio Code of Judicial Conduct, maintaining that there is no clear and convincing evidence that she acted intentionally or with reckless disregard for the truth. She emphasizes her good faith reliance on the guidance provided by the Board of Professional Conduct and Rule 4.2(C)(5) of the Code of Judicial Conduct.
A copy of the original filing can be found here.
