Ohio Supreme Court Justice Michael P. Donnelly

Ohio Supreme Court Justice Michael P. Donnelly

Justice Michael P. Donnelly joined Judge Mary Jane Trapp of the Eleventh District Court of Appeals for a second conversation about plea bargains.

The video interview is based on an article titled “Sentencing by Ambush,” which Justice Donnelly was invited to author for the Akron Law Review special edition on Sentencing Reform. The discussion is part of a series called Great Educational Moments, or “GEMS,” which is produced by the Council of Chief Judges of the State Courts of Appeals.

Justice Donnelly likens a plea bargain to entering into a contract. He asks if you would enter into a contract without knowing the terms of your benefits or obligations. He answers, “No.” Yet, he explains, a system of bargaining heavily weighted to the state’s benefit can mean a wide range of unexpected outcomes for defendants.

“The state received resolution without using the resources it would take to go to trial,” says Justice Donnelly. “But is it truly a negotiation if the defendant does not know what they get until they get into court?”

Justice Donnelly tells the story of a woman who went into court having agreed to a plea, believing she had the possibility of going home at the end of the day, when in fact she went to prison for life.

“Less discretion for judges, less involvement of judges in the negotiation, and more data-driven decision-making is the answer,” according to Justice Donnelly. “The result would be more consistent sentencing from courtroom to courtroom.”

The Council of Chief Judges of the State Courts of Appeals is a nonprofit court improvement organization that provides research, information services, education, and consulting for various court associations. Judge Trapp chairs the council’s education committee. Judge Trapp is a leader at the state and national level in issues of administration of justice and legal reform and is a past president of the Ohio State Bar Association.