Ohio judicial elections, 2014

It's all about Ohio

Two influential names run in Cuyahoga County election

Voters in Cuyahoga County, Ohio, visited the polls on November 4, casting ballots for high-profile races such as U.S. senator, governor, and attorney general. Lower on the ballot were judicial races—such as those for the Cuyahoga County Court of Common Pleas—which often see reduced participation in a phenomenon known as "voter falloff."^[4]

The 2014 contest between Matthew A. McMonagle and Shannon M. Gallagher was a case in which both candidates brought well-known surnames to the race.^[4]

Matthew McMonagle, though not an incumbent, ran to succeed his father, Richard J. McMonagle, who retired due to Ohio’s mandatory retirement age for judges. The elder McMonagle was the fifth member of the family to serve on the common pleas bench.

Gallagher, meanwhile, entered the race with a surname widely recognized in Ohio’s judicial system. As of 2014, five individuals with the Gallagher name served on Ohio courts, including three on the Ohio Eighth District Court of Appeals.^[4]

Gallagher noted that the 2014 matchup was unique in that “no one receives a benefit that the other does not,” referring to their mutual name recognition. McMonagle expressed pride in his family's judicial legacy but suggested that a merit-based selection system could help reduce the influence of name familiarity: “If you take the names out of it and go on experience alone, I don’t think this is a close call,” he said.^[4]

Governor supports female judicial appointees

Among the endorsed were appellate judges Amy O'Grady and Betsy Luper Schuster, both serving on the Ohio Tenth District Court of Appeals. O'Grady was appointed in May 2013, while Schuster joined the court in January 2014. Both faced Democratic challengers, including former U.S. Representative Mary Jo Kilroy.^[7][8][9]

Kasich also supported Franklin County Court of Common Pleas judges Colleen O'Donnell and Rita McNeil Danish, as well as Ohio Supreme Court Justice Judith French. French was challenged by John P. O'Donnell, a judge on the Cuyahoga County Court of Common Pleas in Cleveland.^[8][7]

No Democratic candidate for face off in Mahoning County

Judge James C. Evans, a Democrat, had planned to retire on September 1, 2014, prompting a special election for the remaining two years of his term. However, Evans postponed his retirement to October 1, 2014, which eliminated the special election and allowed Governor John Kasich to appoint a replacement to serve until December 2016.^[10]

Mahoning County Democratic Party Chairman David Betras expressed disappointment, saying Evans "should have let the voters decide who his replacement [was]," rather than leaving the appointment to the governor.^[10]

Additionally, the Democratic candidate for the seat, Mark Anthony Hanni, withdrew from the race on July 25, citing his inability to commit fully to the campaign. The party did not field another candidate by the filing deadline, leaving incumbent Judge Maureen A. Sweeney, a Republican, unopposed in the general election.^[11]

Betras noted the difficulty of challenging incumbents without significant campaign funding, stating, "Incumbent judges seem to always win unless their opponent can raise a lot of money."^[11]

Hanni had previously run for a seat on the 7th District Court of Appeals in 2012 but was unsuccessful.^[11]

Probate court election features well-known candidates

In Hamilton County in 2014, two well-known candidates appeared on the ballot: Charlie Luken and Judge Ralph E. Winkler. WVXU Cincinnati described them as having "the most potent political last names in Hamilton County." Both had previous experience in public office and multiple election campaigns. While Ohio judicial elections are officially nonpartisan, party affiliations were apparent in this race.^[12]

Ralph Winkler, a Republican, was elected to the Hamilton County Court of Common Pleas in 2004 and re-elected in 2010. Prior to that, he served five years as a municipal judge and twelve years as an assistant county prosecutor. The Winkler family is well known locally, with several members having held elected positions in state and local government. His father, also named Ralph Winkler, served on the 1st District Court of Appeals. His mother, Cheryl Winkler, was a state representative and Green Township trustee. His brother, Robert C. Winkler, was a judge on the Hamilton County Court of Common Pleas at the time of the 2014 election. His wife, Tracy Winkler, served as the county clerk of courts.^[12]

Challenge to Ohio's current judicial elections system fails

In Ohio, judicial candidates participate in partisan primaries, but party affiliations do not appear on the general election ballot. A federal court ruling upheld this system, determining that it does not violate the United States Constitution.^[6]

U.S. District Judge Susan Dlott ruled against a challenge filed by the American Federation of State, County and Municipal Employees, the Ohio Democratic Party, and others. The plaintiffs argued that omitting party labels in the general election infringed on their First Amendment rights. Supporters of the existing system maintained that sufficient information on candidates’ party affiliations is available for interested voters.^[13]

Feedback on party labels in Ohio judicial elections

As part of her "Ohio Courts 2013" reform plan, Ohio Supreme Court Chief Justice Maureen O'Connor solicited public feedback on the role of party affiliation in judicial elections.^[14][8]

Responses were divided, with some supporting the removal of party labels in judicial elections and others believing that such labels aid voters in making informed choices. O'Connor expressed opposition to including party labels, but due to the split feedback, the proposal was removed from her reform plan.^[8]

O'Connor shifted focus to other reform proposals, including raising judicial qualifications, scheduling judicial elections in odd-numbered years, positioning judicial races at the top of ballots, and increasing voter education about judicial candidates.^[15][7]

Ohio remains the only state with partisan primaries for judges but no party labels on the general election ballot. Nationwide, 22 states elect judges, with 14 using nonpartisan elections and seven using partisan elections.^[8]

One vote win in Guernsey County Probate/Juvenile Court judicial contest

The May 6, 2014 Democratic primary for the Guernsey County Court of Common Pleas Probate/Juvenile Division featured a contest between Andy Warhola and Kent D. Biegler. Warhola won by a margin of one vote, receiving 918 votes to Biegler's 917.^[16]

Because the margin was less than half a percent, an automatic recount was triggered, as required by Ohio election law. A total of 1,835 votes were cast in the primary.^[17][18]

Warhola, licensed since 1979, operated a solo legal practice in Cambridge, Ohio, and has practiced regularly in the Guernsey County Probate/Juvenile Division. His judicial philosophy includes collaboration with law enforcement, social service agencies, and public officials to benefit the community. Warhola considers probation supervision of juveniles a privilege and supports programs addressing teen substance abuse and mental health.^{[19] [19]}

Fundraising among Ohio Supreme Court incumbents

Incumbents Judith L. French and Sharon L. Kennedy both ran for re-election to the Ohio Supreme Court in 2014, appearing on the Republican primary ballot on May 6.

Campaign finance reports filed in April indicated French raised approximately $259,510 during the first four months of 2014.^[22] Her opponent, John P. O'Donnell, reported contributions totaling around $89,791.^[23]

Kennedy reported raising approximately $137,295 in the same period.^[24] Her opponent, Tom Letson, did not file a campaign finance report, which is required only when contributions or expenditures exceed $1,000.^[25]

These totals were lower than amounts raised by Supreme Court candidates in 2012, who collectively raised nearly $3.5 million.^[26] Candidates had additional time after the reporting period to fundraise before the general election.

Kennedy's campaign received funds from organizations including Time Warner Cable Ohio's PAC, the Friends of Ohio Hospitals, and the Ohio Farm Bureau PAC.^[24] French received contributions from various law firms, insurance PACs, and the Ohio Oil and Gas Producers Fund.^[22]

Ohio Supreme Court candidates face specific fundraising rules, including a prohibition on soliciting donations before 120 days prior to the primary. They compete in partisan primaries but participate in nonpartisan general elections, where party affiliation is not indicated on the ballot.

Lucas County races see party endorsements

For the first time since 2005, the Lucas County Democratic Party endorsed candidates ahead of the May 6 primary.^[27]

The party had previously suspended pre-primary endorsements to maintain neutrality during the 2005 Toledo mayoral election. However, after Democratic candidates split the vote in the 2013 mayoral race—resulting in no Democrat advancing to the general election—the party opted to resume endorsements.^[27]

In the primary for Lucas County Common Pleas judge, the party endorsed Ian B. English, an assistant prosecutor for the county at the time. Other candidates included Lucas County Juvenile Magistrate Laura Restivo and Toledo attorney Richard L. Roberts. The seat was open due to Judge Frederick H. McDonald reaching the mandatory retirement age.^[28]

English won the Democratic primary and faced Mark Davis, a Toledo attorney who ran unopposed in the Republican primary. Davis had previously run for Toledo Municipal Court in 2011.^[28]

Lake County attorney removed from primary ballot

Attorney Patricia Lynn Winfield was removed from the Ohio Eleventh District Court of Appeals primary ballot after a residency challenge by a local resident.^[29]

Winfield, a Democrat, sought election to a seat on the Eleventh District Court of Appeals, which serves Lake, Geauga, Ashtabula, Portage, and Trumbull counties. Although she listed a Willoughby address on her paperwork, challenger Paul R. Malchesky argued she lived in Euclid, outside the district. At the hearing, Winfield acknowledged she owned the Willoughby property but had not yet moved in.^[29]

The Lake County Board of Elections voted unanimously to disqualify Winfield, citing failure to meet the residency requirement. Board chairman David Vitaz stated, “We reviewed the evidence and we all agreed the residency requirement at that address was not met.”^[29] Under Ohio law and the state constitution, judicial candidates must reside in the district where they are running.^[30]

Winfield expressed disagreement with the decision and noted she had planned to move into the district. She also explained that her move prevented her from qualifying to run in the 8th District.^[29]

County board of elections moves offices from city to suburbs

In a divided vote, Ohio Secretary of State Jon Husted approved a proposal to move the Hamilton County Board of Elections office from downtown Cincinnati to the suburb of Mt. Airy after the 2016 general election.^[32]

The county board had split along party lines, with Democrats opposing the move, citing concerns about reduced access to early in-person voting for residents without cars. Republicans on the board supported the move, citing improved facilities and parking availability at the new site.^[13]

Husted cast the tie-breaking vote in favor of the move and directed the board to work toward a bipartisan agreement on improving early voting access at Mt. Airy or identifying a more suitable location by 2017.^[33]

The decision drew criticism from groups including the ACLU, NAACP, and local Democratic leaders. Opponents pointed to recent changes in Ohio voting laws, such as the elimination of Sunday voting and one week of early voting, as compounding barriers to voter access.^[34]

The ACLU estimated that 59% of Cincinnati residents lived near the downtown location, compared to 29% near the Mt. Airy site, which it said was a 1.5-hour bus ride from downtown.^[32] NAACP President Ishton Morton indicated legal action might be considered in the future.^[35]

Ohio probate court judge investigated

Mahoning County Probate Court Judge Mark A. Belinky, who had recently filed for re-election, was under investigation for alleged misconduct, according to court records obtained by local news sources.^[36]

Investigators from the Ohio Bureau of Criminal Investigation and the county sheriff’s office searched Belinky’s court office and home. Items seized included financial records, donor lists, and electronic data.^[36] The investigation was linked to both Belinky’s campaign and his conduct while in office.^[37]

Court documents cited potential offenses including bribery, theft, and money laundering, though no charges had been filed as of February 11.^[36]