Hamilton County Judge Ted Berry on Charlie Kirk assassination: ‘How’s he feel about gun violence & gun control in Hell, now?’
Hamilton County Municipal Court Judge Ted Berry is facing increasing calls to resign and has been removed from an advisory post at the Joe Burrow Foundation after social media comments that critics say celebrated the assassination of conservative activist Charlie Kirk.
Local and state officials called the remarks, which included language such as “Rest in Hatred & Division,” incompatible with the duties and ethical obligations of a sitting judge.
On Friday, state Rep. Adam Mathews, R-Lebanon, demanded Berry’s immediate resignation, describing the offending posts as “vitriolic, racially charged, and political language” that violated the Ohio Code of Judicial Conduct.
“A judge must be a pillar of fairness and impartiality in our community,” Mathews said in a statement. “To see a sitting judge post comments like ‘Rest in Hatred & Division!’, ask ‘How’s he feel about gun violence & gun control in Hell, now?’, and then celebrate the race of the killer by stating ‘So, a white guy killed him! Color it KARMA!’ is shocking and completely unacceptable. This is not the conduct of a neutral arbiter of the law; it is the behavior of a political activist who has abandoned the core principles of his office.”
The Joe Burrow Foundation issued a brief statement saying it had “terminated an advisory board member that made inappropriate remarks in light of recent events and they are no longer associated with the Foundation.”
“Their comments do not reflect our values or our mission,” the group added in its statement. The foundation did not name Berry in its public notice, but local outlets reported he was the member removed.
Presiding and administrative Judge Josh Berkowitz emphasized the formal process for assessing judicial misconduct.
“Judges are bound by the Ohio Code of Judicial Conduct at all times. Violations are investigated by the Office of Disciplinary Council. It’s a serious process,” Berkowitz said, per Fox 19, noting the Ohio Supreme Court can ultimately impose sanctions.
Berry provided a short statement to local reporters that stopped short of a retraction. He told The Enquirer that he does not “condone any type of violence on any human being.”
“I regret if I caused division,” he added. “That was not my intent. And I hope there can be peace.”
Critics say the expressed regret does not address the substance of the posted comments or their effect on public confidence in the judiciary.
Hamilton County Democratic Party Chairman Alex Linser told Fox 19 Berry will no longer be recognized at the party’s upcoming judicial reception and called the comments “disappointing and divisive.” He warned against increasing inflammatory rhetoric that “further divides our country.”
This latest controversy swirling around Judge Berry revives awareness of earlier disciplinary actions taken to rein in distasteful behavior from him.
State Rep. Brian Stewart, R-Ashville, blasted Berry for his comments.
“In 2021, this Judge Ted Berry admitted to a ton of vulgar, sexually inappropriate conduct with a court employee,” Stewart said in a post to X. “The Maureen O’Connor-led Supreme Court gave him a 6 month suspension – but stayed it! He didn’t lose his license for 1 single day. Slap on the wrist.”
Mathews “is 100% right – this judge needs to resign, and if he won’t, Disciplinary Counsel should get involved,” Stewart added.
Legal and ethics experts say the Office of Disciplinary Council is likely to consider whether the posts created an appearance of bias under Canon 2 of the Ohio Code of Judicial Conduct, and whether public comments require recusal from pending or future matters. If a formal grievance is filed, the process typically includes an intake review and can lead to investigatory proceedings.
The Office of Disciplinary Council has not announced any action. Mathews has already said he is preparing to file a formal grievance if Berry does not resign.
