Ohio judicial elections, 2012

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Judicial Elections
Judicial elections, 2012
Judicial election dates

The Ohio judicial elections consisted of the primary on March 6th and general election on November 6th.[1]

## Ohio judicial elections summary, 2012

|  |  Supreme  |  Appellate  |  Trial

|
|
|

Total candidates  |  6  |  46 |  196
Unopposed candidates  |  0 |  13 |  77
Judges re-elected |  1 |  15 |  103
Judges not re-elected |  2 |  3 |  11
New judges elected |  2 |  9 |  28
Partisan or Nonpartisan |  | Nonpartisan |
Democratic winners |  1 |  9 |  54
Republican winners |  2 |  15 |  43

## Supreme Court[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

|
|
|
|
|

SkindellMike Skindell | No| Democratic| Term commencing 1/1/2013| | 30.87% D
CuppRobert Cupp | Yes| Republican| Term commencing 1/2/2013| | 47.48% D
KennedySharon L. Kennedy A| No| Republican| | | 57.02% A
O'DonnellTerrence O'Donnell (Ohio) A| Yes| Republican| Term commencing 1/1/2013| | 69.12% A
O'NeillWilliam O'Neill (Ohio) A| No| Democratic| | 71.3%A| 52.51% A
McGee BrownYvette McGee Brown | Yes| Democratic| | | 42.97% D

## District Courts of Appeal[edit]

### Ohio First District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

|
|
|
|
|

WhitmanBruce Whitman | No| Democratic| Term commencing 2/11/2013| | 38.99% D
Martha Good | | | | |
DeWinePat DeWine A| No| Republican| | | 61.01% A
FischerPat Fischer A| Yes| Republican| | | 54.43% A
DinkelackerPatrick Dinkelacker A| Yes| Republican| General Division| | 100% A
CunninghamPenelope Cunningham A| Yes| Republican| | | 100% A

### Ohio Second District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

|
|
|
|
|

IngramCarley Ingram | No| Democratic| Term commencing 2/9/2013| 60.2%A| 46.06% D
HeckmanDarrell Heckman | No| Democratic| Term commencing 2/9/2013| 39.7%|
WelbaumJeffrey M. Welbaum A| No| Republican| Term commencing 2/9/2013| 97.1%A| 53.94% A

### Ohio Third District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

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|
|
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WillamowskiJohn Willamowski A| Yes| Republican| | | 100% A

### Ohio Fourth District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

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|
|
|
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HolzapfelLeonard F. Holzapfel | No| Republican| General and Domestic Relations Divisions| 27.8%A| 45.82% D
HardinLori Pritchard Hardin | No| Republican| Term commencing 2/9/2013| 22%|
HooverMarie Hoover A| No| Democratic| | 58.3%A| 54.18% A
SandersPatricia Sanders | No| Republican| Term commencing 2/9/2013| 24.5%|
NewmanSteven C. Newman | No| Republican| Term commencing 2/9/2013| 25.5%|
SpetnagelTom Spetnagel | No| Democratic| Term commencing 2/9/2013| 41.6%|
HarshaWilliam Harsha A| Yes| Republican| | | 100% A

### Ohio Fifth District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

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|
|
|
|

FreimannFlite H. Freimann | No| Republican| Term commencing 2/11/2013| 31%|
MollJeanette Moll | No| Republican| Term commencing 2/11/2013| 68.9%A| 34.7% D
WiseJohn Wise A| Yes| Republican| | | 100% A
DelaneyPatricia Delaney A| Yes| Democratic| | | 65.3% A
GwinScott Gwin A| Yes| Democratic| | | 100% A

### Ohio Sixth District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

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|
|
|
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JensenJames D. Jensen A| No| Republican| | 51.7%A| 100% A
ChristiansenRobert G. Christiansen | No| Republican| | 48.2%|

### Ohio Seventh District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

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|
|
|
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HanniMark Anthony Hanni | Yes| Democratic| Term commencing 2/9/2013| | 47.79% D
DeGenaroMary DeGenaro A| Yes| Republican| | | 52.21% A

### Ohio Eighth District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

|
|
|
|
|

GallagherEileen T. Gallagher A| No| Democratic| | 88%A| 100% A
HarveyElizabeth Harvey | No| Republican| Term commencing 1/2/2013| 39.1%|
O'TooleErin M. O'Toole | No| Democratic| Term commencing 1/2/2013| 8.9%|
CelebrezzeFrank Celebrezze A| No| Democratic| | | 100% A
CompoliJoseph Compoli | No| Democratic| Term commencing 1/3/2013| 11.9%|
DykeLori Anne Dyke | No| Democratic| Term commencing 1/2/2013| 9.1%|
BoyleMary Boyle A| Yes| Democratic| | | 100% A
SikoraPeter Sikora | No| Democratic| Term commencing 1/2/2013| 25.1%|
McCormackTimothy McCormack A| No| Democratic| | 29.9%A| 71.81% A

### Ohio Ninth District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

|
|
|
|
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DickinsonClair Dickinson | Yes| Democratic| | | 48.67% D
HensalJennifer Lee Hensal A| No| Republican| | | 51.33% A

### Ohio Tenth District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

|
|
|
|
|

TyackGary Tyack A| Yes| Democratic| | | 100% A
BryantPeggy Bryant A| Yes| Democratic| | | 100% A

### Ohio Eleventh District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

|
|
|
|
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O'TooleColleen O'Toole A| No| Republican| Term commencing 2/9/2013| | 51.15% A
GrendellDiane Grendell A| Yes| Republican| | | 100% A
TrappMary Jane Trapp | Yes| Democratic| | | 48.85% D

### Ohio Twelfth District Court of Appeals[edit]

Candidate| Incumbency| Party| Term| Primary Vote| Election Vote

|
|
|
|
|

PowellMichael E. Powell (Ohio) A| Yes| Republican| | | 78.64% A
PowellStephen Powell A| Yes| Republican| | | 100% A

## Courts of Common Pleas[edit]

For information on the trial court judicial elections, please visit: Ohio judicial elections, 2012 - Courts of Common Pleas

## In the news[edit]

### 2012 election at a glance: Ohio[edit]

Written on November 14, 2012.

Ohio held races for 75 different courts this year.

In three races for the Ohio Supreme Court, two incumbents were defeated. Ohioans also elected the first Democratic candidate to the court since 1990. In 24 races for the Ohio District Courts of Appeal, 46 candidates competed. Of those candidates, only 28% ran unopposed.

Every two years, Ohio elects judges to its Courts of Common Pleas and County Courts. In 2012, 60.6% of races were unopposed for the Courts of Common Pleas, while 77% of races were unopposed for the County Courts.

Across the state, 25% of the candidates elected in the general election were female. Of those candidates, 12 (or 30%) were non-incumbents. On the trial courts, 53% of candidates were incumbents and re-elected in the general election. Almost 10% of incumbents were not re-elected.

### Ohio Supreme Court race[edit]

As featured in JP Election Brief: The Supreme Court Special on October 18, 2012.

There are three Ohio Supreme Court races this year. Incumbent Justice Yvette McGee Brown is competing in her first race to the court, following appointment by outgoing Governor Ted Strickland in January 2011. If she wins election, Brown will be the first Democrat elected to the court since 2000.[2]

Mike Skindell and William O'Neill are Democratic challengers to Justices Terrence O'Donnell and Robert Cupp, respectively. O'Neill's candidacy has focused on reforms in recusal and campaign donations. Skindell stepped in as a candidate to replace Robert W. Price, who withdrew from the race after the primary election.

Candidate's views

“  | It is important to maintain a legal environment in Ohio that is stable, predictable, consistent, and fair. And, one that respects the separation of powers and applies the constitution according to its text and administers equal justice to all persons.[3]
-Robert Cupp[4] | ”

|
|

### Judicial candidate fined for using misleading information[edit]

As featured in JP Election Brief: Alabama dollars to Washington lawsuits (and more!) on October 4, 2012.

The Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio has recommended that judicial candidate Colleen O'Toole be fined $1,000, stating that her campaign used misleading information. The Board concluded that O'Toole violated the code of conduct by giving the impression that she is a current judge on the court. The candidate's campaign badge was also found to be in violation. The badge reads: “Colleen Mary O’Toole Judge 11th District Court of Appeals.” The Board said the badge was misleading because it could imply that O'Toole was an incumbent.[5]

O'Toole responded that judicial candidates and judges do not give up their right to free speech. She said,

“  | I have to pay the price for standing up for my constitutional rights.[5][4] | ”

|
|

O'Toole is running for the Ohio Eleventh District Court of Appeals and will face incumbent Judge Mary Jane Trapp in the November 6 general election.[5]

### Ohio Supreme Court candidate allowed to refer to himself as "judge"[edit]

As featured in JP Election Brief: An indictment, legal challenges, and First Amendment questions on July 19, 2012.

A new rules commission has found in favor of William O'Neill, candidate for the Ohio Supreme Court. O'Neill served as an intermediate appellate court judge for the Ohio Eleventh District Court of Appeals from 1997 to 2007. He referred to himself as Judge William O'Neill multiple times in an election advertisement, after saying once that he was a "former judge".[6]

O'Neill was accused of violating the judicial canons which dictate the actions of judges and candidates during an election. Originally, a five-judge panel agreed that O'Neill had violated Canon 4.3(C) which does not allow a former judge to refer to oneself as a judge during a campaign for a different position than the one held.[7] However, this week a special, newly-created commission found that canon to be unconstitutional. The commission, which was formed by the Ohio Supreme Court in order to keep the court out of the affairs of potential members, said that the use of "former judge" in the advertisement allowed O'Neill to refer to himself as judge. In the 7-6 decision, the majority said,

“  | Although we might not agree the brochure is not false but misleading, the challenged rule does not address misleading speech, only the use of a judicial position that the candidate currently does not have.[6][4] | ”

|
|

Now in his third campaign for the high court, O'Neil has refused donations this year and has a line on his campaign website which reads, "Money and judges don't mix. Never have and never will."[8] In his last election, the Disciplinary Counsel of Ohio attempted to have him stop identifying himself as a Democrat. For both challenges, O'Neill's right to free speech prevented any further action by the counsel.[9]

This year, William O'Neill is challenging Justice Robert Cupp. In 2004 and 2006, he lost election to Justice Terrence O'Donnell.

### Most Ohio Supreme Court candidates sign clean campaign pledge[edit]

As featured in Most Ohio Supreme Court candidates sign clean campaign pledge on February 6, 2012.

Six of the seven judicial candidates running for the Ohio Supreme Court in this year's election signed the Ohio State Bar Association's (OSBA) clean campaign agreement. The OSBA created the Judicial Election Campaign Advertising Monitoring Committee in 2002. The committee is responsible for administrating the pledge, which asks candidates to:

* take personal responsibility for content of campaign advertisements;
* publicly disavow ads from other sources that undermine the judicial system or candidate for the high court;
* publicly reject ads that lead the public to believe that another judicial candidate will rule in a predetermined manner on an issue facing the court.[10]

One candidate, William O'Neill, did not sign the pledge. He said, "I believe all judicial candidates should not only refrain from personal attacks; but I believe they owe it to the judiciary to refrain from accepting any campaign contributions from lawyers and parties who will appear before the Court. I would encourage all judicial candidates to sign a pledge assuring the public that they will automatically recuse themselves from any matter brought by an attorney or party who made a contribution to their campaign."[10]

### Ohio State Bar Association Ratings[edit]

As featured in Ohio State Bar Association releases Supreme Court candidate ratings on January 30, 2012.

With close to a month to go before Ohio's judicial primary election, the Ohio State Bar Association has released it ratings for judicial candidates facing a contested primary. Both William O'Neill and Fanon Rucker have received a "Recommended" rating from the group. These individuals will compete in the Democratic primary on March 6, 2012.[10]

In order to receive a rating of "recommended" or higher, at least 60% of commission members must provide favorable ratings. If a candidate receives less than 60%, the rating is "no recommended." Twenty-five people make up the Commission on Judicial Candidates. Candidates are rated according to eight criteria:legal knowledge and ability; professional competence; judicial temperament; integrity; diligence; health; personal responsibility; and public/community service.[10]

O'Neill and Rucker are competing to see who will challenge incumbent justice Robert R. Cupp in the general election. Cupp received a "highly recommended" recommendation from the commission.[10]

### Candidates announce for Ohio Supreme Court races[edit]

As featured in Supreme Weekly: Election fever - Races in Michigan, North Carolina, Ohio and Texas on December 1, 2011.

The Ohio Supreme Court has three incumbents with expiring terms in 2012 and 2013. Justices Terrence O'Donnell and Robert Cupp was face their second and third re-election campaigns, while Justice Yvette McGee Brown will experience her first.

Robert Cupp has drawn an opponent in the race. Former Ohio Eleventh District Court of Appeals Judge William O'Neill will run for the court for the third time. His last attempt was in 2006, when he competed against Justice O'Donnell.[11] (He also challenged O'Donnell in 2004.)[12] O'Neill is running to highlight what he calls as a "broken" system of judicial selection in the state.[13] As he said in his campaign announcement:

> This is about a fundamental difference of opinion between those of us who are tired of selling judicial seats to the highest bidder and those who seek to protect the old ways of electing justices in Ohio. Ohio’s judicial-selection process is broken, and Robert Cupp is part of the problem.[12]

Republican judges Sharon L. Kennedy and Judith French spent spring and summer of this year traversing the state, gathering support for their party's nomination for Justice Brown's seat. Kennedy is already accepting endorsements, and has been supported by the Clermont County Republican Party. [14]

## See also[edit]

* Ohio judicial elections
* News: Moved primary means earlier campaigning allowed for Ohio candidates, October 12, 2011

## External links[edit]

* The Supreme Court of Ohio & the Ohio Judicial System, Press Release: "Six Seminars Scheduled for 2012 Judicial Candidates," November 21, 2012
* The Columbus Dispatch, The Daily Briefing: "Husted praises Kasich's signing of HB 194," July 1, 2011 (dead link)
* The Denver Post, "Ohio prepares for two primaries," October 22, 2011

## Footnotes[edit]

1. ↑ Politics1, Online Guide to Montana Politics
2. ↑ Cincinnati.com, "Primer: Ohio Supreme Court," October 8, 2011
3. ↑ Information submitted to Judgepedia by Justice Cupp's campaign via email on 10/11/2012
4. ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
5. ↑ 5.0 5.1 5.2 The Gateway News, "Former federal judge fined for misleading campaign materials," October 3, 2012 (dead link)
6. ↑ 6.0 6.1 Toledo Blade, "Special judicial panel upsets ruling on high court candidate," July 18, 2012
7. ↑ The Plain Dealer, "Ohio judicial panel says its ok for former judge to refer to himself as "judge" in campaign material," July 17, 2012
8. ↑ O'Neill for Justice, About
9. ↑ O'Neill for Justice, "Supreme Court Complaint Against Judge O'Neill Dismissed As 'Unconstitutional'," July 17, 2012
10. ↑ 10.0 10.1 10.2 10.3 10.4 OhioBar.org, "Supreme Court of Ohio Candidates Sign Clean Campaign Pledge," February 2, 2012 (dead link) Cite error: Invalid `<ref>` tag; name "osba" defined multiple times with different content
11. ↑ Terrence O'Donnell#2006 Election
12. ↑ 12.0 12.1 The Columbus Dispatch, "O'Neill running for Supreme Court again," November 23, 2011
13. ↑ WKYC.com, "Former Judge Bill O'Neill running for Supreme Court," November 22, 2011
14. ↑ Clermont County Republican Party, 2012 Primary Endorsements

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