COLUMBUS — More than 80 prosecutors from communities across the country are unified against prosecuting abortion crimes. 

What You Need To Know

  • Fair and Just Prosecution released a letter detailing the collective decision to not pursue abortion law violation

  • Columbus City Attorney Zach Klein is one of more than 80 prosecutors who signed the letter

  • Klein plans to focus his resources on public safety, violent crime, and repeat offenders who have no regard for victims and the law

  • Ohio Attorney General Dave Yost could still charge offenders, but declined to comment
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Columbus City Attorney Zach Klein is taking a stand against pursuing charges on abortion law violations, joining Cuyahoga County Mike O'Malley in making the pledge. 

“Frankly, I just don't believe that the City Attorney's Office, or me as the city attorney, interfering with the decision that in conversations between a woman and her doctor is a place where I belong,” Klein said.

Klein said Franklin County Municipal Court and the City of Columbus prosecute roughly 100,000 cases per year. With limited resources, he said he has to focus on what’s most important. 

“We’re going to focus on public safety,” Klein said. “We’re going to focus on violence, domestic violence, assaults, property destruction, repeat offenders who have no regard for victims and the law. That will be our focus.”  

It raises the question if Klein is within his rights to do so? Spectrum News 1 legal analyst Rory Riley-Topping said 'yes' under prosecutorial discretion. 

“That is basically a doctrine in American law that says prosecutors have the discretion, the choice whether or not to bring charges in any instance,” Riley-Topping said. “And they consider a variety of factors some of which were discussed in the letter that Zach Klein signed, which include limitation of resources, lack of likelihood of success and just overall sense of justice.” 

But Ohio Attorney General Dave Yost would not be powerless if Klein chooses to not prosecute.

“Prosecutorial discretion is not unlimited, even though it's very wide,” Riley-Topping said. “The state attorney general can in fact bring a prosecution in certain instances, even when a city or county prosecutor declines.” 

Yost declined an interview, but spokesperson Bethany McCorkle said litigation over the "Heartbeat Bill" is expected.

“The Heartbeat Bill is now in effect," McCorkle said. "We anticipate state-court litigation challenging the law. We will work with our client agencies who have a role in enforcement, but will withhold comment at this time.”

If residents of the City of Columbus disagree with Klein’s stance, they hold the power to vote him out in the next election cycle, but for now, Klein will be holding strong against prosecuting these types of offenses. 

“Letting the people I represent know that the city of Columbus’ priorities will not be focusing on the criminalization of women’s healthcare decisions is important,” Klein said. “Because I want my citizens to know where I stand. And I want them to be comforted and to know that their elected leaders are looking out for them and protecting the individual decisions that they need to be making with their doctors.”