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Hamilton County prosecutor posts support for 'No Kings' protests: Can she do that?

Hamilton County Prosecutor Connie Pillich
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CINCINNATI — In a now-deleted Facebook post, Hamilton County Prosecutor Connie Pillich shared her support and encouraged attendance at the "No Kings" protests this weekend.

The post, which was made Tuesday and deleted sometime early Thursday, also included some choice words for the federal government.

"What's on my mind? My job is to prosecute people who commit crimes - from minor infractions to horrible offenses," the post reads. "But all this is against a backdrop of such unconstitutional lawlessness at the federal level by an incompetent, selfish, uneducated jackal who threatens our very democracy every day. Even worse, he is backed up by vile humans whose acts and advice indicate they want to destroy our democracy. Please join me Saturday."

Pillich No Kings post

The words sparked outrage from several conservative social media accounts, including the Hamilton County Republican Party, which highlighted the "vile" label that Pillich used for those who back President Donald Trump.

"This kind of rhetoric is not only divisive — it is dangerous. It undermines the foundation of democracy: respect for the will of the people, even when we disagree," the Hamilton County GOP wrote.

The Hamilton County Republican Party said the post raises "serious ethical concerns" for a "prosecutor sworn to uphold the law impartially."

In an interview, we asked Pillich about her post, but her office told us they have no comment. We pressed further, asking her what she would do if the protests she encouraged people to attend turned violent. One of her staff members told us that they have faith in the citizens of Cincinnati that it won't be violent, but that they weren't talking about it.

The position of prosecutor in Hamilton County is a partisan position at the ballot box, with clear labels of "Democrat" and "Republican." Pillich, a Democrat, is the first ever female to be elected to the position. She beat out Melissa Powers, a Republican, who was appointed as prosecutor when Joe Deters was appointed to the Ohio Supreme Court.

The Ohio Rules of Professional Conduct, which govern lawyers in the state of Ohio, has a large section on Conflict of Interest, which includes political beliefs (Page 65). Here's what it says:

"Where one lawyer in a firm could not effectively represent a given client because of strong political beliefs, for example, but that lawyer will do no work on the case and the personal beliefs of the lawyer will not materially limit the representation by others in the firm, the firm should not be disqualified."

The prosecutor would have the option to recuse herself on a case where that, or any conflict of interest, might apply, and it would not affect the ability of the prosecutor's office to litigate.

Replay: WCPO 9 News at 6PM