The March 19 primary election will determine who moves on to the general election in November as the endorsed Democratic candidate for county prosecutor. Early voting is already underway. Michael O’Malley is the incumbent.

Opening statement

O’Malley often reminds people of his leadership experience and what he’s done so far as Cuyahoga County prosecutor, from diversion policies to keep people out of jail to his “zero tolerance policy for violent crime.”

“It comes down to experience and leadership,” he said in a candidate forum with the Cleveland Metropolitan Bar Association. “As the county prosecutor I’ve led some of the best advancements in the criminal justice system over the last seven years. I led it through a pandemic. And I will continue to lead it when I’m re-elected.”

Experience

O’Malley has been the Cuyahoga County prosecutor since 2017. He’s been in public service for more than 30 years. He previously served as first assistant to then-County Prosecutor Bill Mason from 2007 to 2012. He was a Cleveland City Council member from 1999 to 2005, representing Old Brooklyn, and was a Parma assistant law director in the 1990s.

Issue: Bindovers

Bindover is the process of transferring criminal cases against youths ages 14-17 to adult court when they’re charged with serious crimes. There are two types of bindovers, mandatory and discretionary. Mandatory bindovers are required by law based on the age and seriousness of a crime. Discretionary bindovers are based on a judge’s decision about whether a child can be rehabilitated in juvenile court. Most bindovers are mandatory. Cuyahoga County leads Ohio in bindovers by a wide margin, and nearly all bound-over youths are Black.

O’Malley rejects calls for a moratorium on discretionary bindovers and defends his record.

“In 2023, juvenile court judges granted nine new discretionary bindover motions,” he told Signal Cleveland in an email. “Those nine cases amount to 0.003% of the total filings in the court last year. The breakdown is as follows, three aggravated murder/murders, two attempted murders, three felonious assault shootings where the victim was shot, and the final was a receiving stolen property-motor vehicle case that was bound over on the court’s own motion because the juvenile had nine previous adjudications.”

“These aren’t like kids stealing Hyundais and Kias,” O’Malley said. “These are individuals with guns who are causing havoc and causing a lot of damage in the community.” 

O’Malley also pointed to Marsy’s Law, which he said requires prosecutors to meet with victims’ families. Challenger Matthew Ahn’s promise for a moratorium on discretionary bindovers “is basically a mandate that he will ignore the will of the victims” and “a violation of the constitution of the state of Ohio.”

Issue: New jail

The Cuyahoga County Council has approved plans to build a new jail in Garfield Heights and an increase in sales tax to pay for it. The county executive has proposed building a diversion center and offering other resources at the same site.

O’Malley said he “led the charge” to stop the former county executive from building a jail on a site on Cleveland’s East Side with toxins in the soil. He said he believes the county needs a new jail, but he’s not happy to see it moving out of downtown Cleveland. 

“I think now the question is how do we make it convenient for the citizens of Cuyahoga County,” O’Malley said. “And I think that’s going to take a combination of working with our regional transportation agencies to make sure that families as well as those who are being released have access to public transportation.” 

Issue: Diversion

The Cuyahoga County Diversion Center opened in May 2021 with the intent to keep people experiencing mental health issues out of the criminal justice system and reduce the county jail population. Five months after opening the center, the county started allowing organizations, individuals and family members to also use the center’s services, not just police.

In a conversation with the Cleveland Metropolitan Bar Association, O’Malley highlighted that the diversion center and the early intervention center for juveniles were both created under his leadership. 

“By creating things like an early intervention center, by creating things like the diversion center, what we are doing is keeping those people out of the cycle that we have seen in the past of constant and frequent interactions with the criminal justice system,” O’Malley said.

O’Malley said the diversion center was underused when it first opened. But he said the numbers have risen every year and, in 2023, more than 1,600 people were taken to the diversion center.

Reports show more than 1,600 people have used the diversion center since May 2021. However, of those 1,600, law enforcement agencies have only dropped off 117 instead of arresting them. 

Issue: Cash bail

The bail system was created to ensure people appear for trial and pretrial hearings. Cash bail is the amount of money defendants post to be released from jail until their trial. If they show up to all their court hearings, they get their money back. “It is not supposed to be used as punishment,” according to the American Bar Association. 

O’Malley said he enacted a policy of not objecting to the recommendations of the bond commissioner, who recommends how much a person’s bail should be based on criminal history and other factors. Prosecutors only object when there is reason to believe the person is a flight risk or a potential threat to victims.

“I’ve let my feelings known, that I don’t think we should hold people on low-level bonds,” O’Malley said.

He said that, during his tenure, his office has worked with the court to get more than 600 people out on pre-trial release on ankle monitors. He said he’s aware of the effects of keeping people in jail, including losing their jobs. 

Endorsements 

O’Malley has been endorsed by Cleveland Mayor Justin Bibb, U.S. Rep.  Shontel Brown and dozens of other elected officials; the North Shore AFL-CIO Federation of Labor and other unions. The complete list is available on his web site.

Campaign funds

From July 1 through the end of 2023, O’Malley raised $88,700. He reported $264,600 on hand. O’Malley’s largest contribution appears to be $25,000 from Robert Kanner, the CEO of Pubco, a Cleveland-based holding company.

O’Malley also reported two $10,000 donations, one from Tony George, a local restaurateur and business owner, and the other from the International Union of Operating Engineers Local 18.