Ohio judicial elections, 2012

Judicial Elections
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Elections, 2012
Judicial election dates

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

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
WillamowskiJohn Willamowski   A	Yes	Republican			100%   A

Ohio Fourth District Court of Appeals[edit]

Candidate	Incumbency	Party	Term	Primary Vote	Election Vote
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
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
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
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
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
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.

During the last month, the nation's eyes were on Ohio to see which way it would vote in the presidential election. However, with races for 75 different courts, Ohio's judicial elections brought more races and surprises.

In three races for the Ohio Supreme Court, two incumbents were defeated. On top of that, Ohioans 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, which shows a high level of competitiveness compared to other states.

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 females, 12 candidates (or 30%) were non-incumbents. On the trial courts specifically, 53% of candidates were incumbents and re-elected in the general election. Almost 10% of incumbents were not re-elected, which means 11 judges unwillingly will see their terms expiring at the end of this year or early in 2013.

Ohio Supreme Court race[edit]

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

With three contested races for the Ohio Supreme Court, a variety of outcomes is possible. The results won't shift the court's conservative composition, which is 6-1 Republican, but could serve as a bellwether for other Ohio races. 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] A willingness for Ohio voters to elect a Democrat to the high court may signify a shift of opinions in the perennially watched state.

Likewise, 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, so his election may highlight voters' opinions about popular judicial elections. If elected, he would most likely become a distinctive voice for judiciary reforms and the administrative arm of the Supreme Court. Skindell stepped in as a candidate to replace Robert W. Price, who withdrew from the race after the primary election.

Candidate's views

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 for using misleading information during her campaign. The Board found 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 implied that O'Toole was an incumbent.^[5]

O'Toole defended herself, arguing that judicial candidates and judges do not give up their right to free speech. She stated,

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. To make a point of that fact, 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,

Needless to say, O'Neill sees this as a victory. Now in his third campaign for the high court, the former judge has spent his recent campaigns challenging the status quo of judicial elections in the state. This year, he has refused donations and has a bold 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, during a time when the state's judicial elections were the subject of much criticism. 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]

This last factor could be the most important this year, as advertisements from interest groups and Super PACs contribute largely to establishing the public perception of a candidate.

One candidate, William O'Neill, chose not to sign the pledge, alleging that it does not go far enough. 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]

In signing the agreement, all other candidates made statements championing the ideas of judicial impartiality and integrity.

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, drumming up 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]

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