The Daily Signal 10/20/2025 4:00:00 PM
 

Judge Ted Berry, a municipal judge for Hamilton County, is closer to being removed from the bench for social media posts celebrating the death of Charlie Kirk, thanks to a resolution filed by state representatives.

Among his other comments, Berry declared, with a clown emoji, “Rest in Hatred & Division!” He also claimed that Kirk “spewed hate & division.” Another post asked, “How’s he feel about gun violence and gun control in Hell, now?”

State Rep. Adam Mathews, one of the Republicans who introduced the resolution to remove Berry, has shared screenshots of the judge’s remarks from his own Facebook page.

Mathews spoke with The Daily Signal about his resolution, which he initiated with state Rep. D.J. Swearingen, a fellow Republican. “We have given the judge more than a month,” Mathews reminded, having called for Berry to resign Sept. 12. “And now to defend the courts and the trust that the people must have in them with an unbiased judiciary, we are moving forward with the process to remove the judge as outlined by the Ohio constitution.”

The removal process is laid out in Article IV, Section 17 of the state constitution. “Judges may be removed from office, by concurrent resolution of both houses of the general assembly, if two-thirds of the members, elected to each house, concur therein; but, no such removal shall be made, except upon complaint, the substance of which shall be entered on the journal, nor, until the party charged shall have had notice thereof, and an opportunity to be heard,” the section reads.

A press release from Mathews’ office lays out the Berry’s alleged violations:

Last month, Judge Berry publicly celebrated the death of Charlie Kirk on social media, directly violating the Ohio Code of Judicial Conduct, including:

  • Canon 1, Rule 1.2: Requires judges to uphold public confidence in the judiciary and avoid impropriety; 
  • Canon 2, Rule 2.3: Prohibits bias or prejudice on the basis of race;
  • Canon 2, Rule 2.4: Forbids judges from allowing political or personal interests to influence their judicial duties; 
  • Canon 2, Rule 2.11: Addresses disqualification due to public statements reflecting bias or prejudice.

Mathews has reposted local news coverage about the resolution, as well as Libs of TikTok and fellow state representatives, including state Rep. Josh Williams.

Berry has faced consequences before for his anti-Kirk posts. He was the board member ousted from the Joe Burrow Foundation, launched by Cincinnati Bengals quarterback Joe Burrow. In a previous conversation with The Daily Signal, Mathews noted that Berry was also disinvited from an event last month honoring retiring judges.

The municipal court declined to provide comment for The Daily Signal about the state representatives’ resolution to remove Berry.

An article from The Cincinnati Enquirer, which Mathews also shared, noted that “Berry has told The Enquirer that he does not condone violence and that he regretted if the posts caused division because that wasn’t his intent.”

Berry is not the only high-profile individual in Ohio to receive negative attention upon making such comments against Kirk after his Sept. 10 political assassination. Former state Rep. Elliot Forhan, who is running as a Democrat for attorney general in Ohio, also made derogatory comments over social media, drawing criticism from Ohio Auditor Keith Faber, a Republican running for the same position. A previous statement from Faber for The Daily Signal also referenced Berry.

Over a month later, Kirk’s death continues to draw negative comments from liberals, some who even express glee at his murder. This past weekend, during the nationwide “No Kings Day” rallies protesting President Donald Trump, many expressed that kind of jubilation, as The Daily Signal witnessed firsthand.

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