Ohio judicial elections, 2014

It's all about Ohio

Two influential names square off in Cuyahoga County election

Voters in Cuyahoga County, Ohio, visited the polls on November 4, taking heed of the races near the top of the ballot, ticking the boxes for U.S. senator, governor and attorney general. But in a process known as "voter falloff," some voters perhaps neglected to submit an opinion for offices near the bottom—offices like the Cuyahoga County Court of Common Pleas or any of the other 59 judgeships county residents weigh in on come an election year.^[4]

Two factors often drive results in such races: party affiliation and name recognition. In a state like Ohio where party affiliation of judicial candidates does not appear on the general election ballot, name recognition weighs heavily. So what was a voter to do when asked to decide between Matthew A. McMonagle, described by court watcher Brent Larkin as "judicial royalty," and Shannon M. Gallagher, whose surname has won more Ohio judicial elections in recent years than any other?^[4]

The McMonagles have a long history of court service. Matthew McMonagle, while not a court of common pleas incumbent, ran to replace his father Richard J. McMonagle, who was barred from seeking re-election by the mandatory retirement age. His father was the fifth family member to serve as a common pleas judge.

Whatever advantage Matthew's name gave him, however, may be negated by the popularity of Gallagher's surname in other local courts. There were five Gallaghers serving on Ohio courts at the time of the 2014 election, three of whom populated the Ohio Eighth District Court of Appeals.^[4]

Gallagher, who was aware of her influential name, believed the 2014 race was an "ideal" matchup because "no one receives a benefit that the other does not." But McMonagle mused that while he was proud of his family history, a merit-based selection system might yield a healthier judiciary. "If you take the names out of it and go on experience alone, I don’t think this is a close call," he commented.^[4]

O'Grady vs. Brunner for 10th Court of Appeals

In the race to fill an unexpired term on Ohio's Tenth District Court of Appeals, two familiar names in Franklin County politics went head to head on November 4.^[6]

Republican Amy O'Grady, one of the contenders, had occupied the seat in question when she was appointed by Governor John Kasich to temporarily succeed Judith French in May 2013. French, who was elevated to the Ohio Supreme Court, left behind a term, expiring in 2016.^[6]

Judge Jennifer Brunner

O'Grady's incumbency status ma have given her something of a leg up in the race, as name recognition is often an important factor in judicial elections in Ohio. Reasoning that this might make it "unlikely that a competitive Democrat would step up" to challenge O'Grady, former secretary of state and court of common pleas judge Jennifer L. Brunner threw her hat in the ring as a Democratic candidate. Brunner, 57, considered herself better qualified for the job, saying that in order to be a good judge,^[6]

Judge Amy O'Grady

O'Grady, 39, believed that voters would see her as more than just a familiar name. Though she accepted the title of judge with no former judicial experience, she claimed that her nearly 15 months as an interim judge have helped her become someone worthy of the office. Prior to her judicial appointment, O'Grady served as an assistant Ohio attorney general, handling cases in the Ohio Court of Claims and serving as chief of crime-victim services.^[6]

Governor throws weight behind female judicial appointees

Governor John Kasich

Judicial campaigning in Ohio got a hand from Republican Governor John Kasich in 2014, when he used stops along his campaign trail to show support for a number of incumbent judicial candidates.^[7]

Among those supported by Kasich were appellate judges Amy O'Grady and Betsy Luper Schuster, both of the Ohio Tenth District Court of Appeals. O'Grady, who was appointed to the court in May 2013, faced strong competition from Democratic candidate Jennifer L. Brunner, whose previous experience included serving as Ohio's secretary of state from 2007 to 2011.^[8][9] Schuster, who was appointed in January 2014, faced off against Mary Jo Kilroy, a former Democratic member of the United States House of Representatives representing Ohio's 15th Congressional district.^{[7][10][11][12]}

Kasich also threw his weight behind Franklin County Court of Common Pleas judges Colleen O'Donnell and Rita McNeil Danish, as well as Justice Judith French of the Ohio Supreme Court. French ran against John P. O'Donnell, a judge on the Cuyahoga County Court of Common Pleas in Cleveland, Ohio.^[10][7]

All five aforementioned judges were Kasich appointees, and all, notably, are women. Kasich, himself, stressed the importance of a diverse judiciary, stating: "Let's just face facts, us men. If we don't have women in the room and women on the bench, we're not getting the full picture."^[7]

No Democratic candidate for face off in Mahoning County

Mahoning County Democrats have diminished their own chances for two seats on the five-member Court of Common Pleas.

Judge James C. Evans, a Democrat who retired from the Mahoning County Court of Common Pleas because he had reached the mandatory retirement age, had previously announced that he would step down on September 1, 2014, which triggered a special election to determine his successor for the remaining two years of his term. In a letter to Ohio Supreme Court Chief Justice Maureen O'Connor, however, Evans decided to postpone his retirement until October 1, 2014, negating the special election and allowing Governor John Kasich, a Republican, to choose who filled the seat until the term ended in December 2016.^[13]

Mahoning County Democratic Party Chairman David Betras expressed his disappointment that Democrats would not have a chance to compete for Evans' seat. "He should have let the voters decide who his replacement [was]," said Betras, "not the governor."^[13] Evans had not publicly commented on his decision, but said in his letter to Chief Justice O'Connor that he wanted his successor "to have an extended period of time in office" before having to run in an election.^[14]

Democrats dealt themselves another blow this month when their candidate for a seat on the Mahoning County Court of Common Pleas withdrew from the race, and the party failed to field another candidate by the filing deadline. Mark Anthony Hanni, a Democrat who had previously filed to run for a seat on the 7th District Court of Appeals but withdrew before the primary, also withdrew from the Mahoning County Court of Common Pleas race on July 25th, stating that he could not give the campaign "100 percent." Incumbent Judge Maureen A. Sweeney, a Republican, then ran unopposed for the seat in the general election.^[14]

Betras was forced to explain his party's apparent lack of interest in the seat. "I didn't think anyone would [run]," he said. "Incumbent judges seem to always win unless their opponent can raise a lot of money."^[14]

Hanni, who had made an unsuccessful bid for a seat on the court of appeals in 2012, had already angered Betras earlier this year by actively campaigning for Betras's challenger in the election for party chairman, even though such partisan activity is forbidden by the judicial code of conduct. "Mark Hanni is not a serious candidate," Betras said after Hanni's withdrawal. "He is an annoyance."^[14]

Big names in typically quiet probate court election

Probate court elections are usually fairly low-key affairs. However, in Hamilton County in 2014, two well known names were on the probate court ticket. Charlie Luken and Judge Ralph E. Winkler had what WVXU Cincinnati called "the most potent political last names in Hamilton County." Both had served in public offices and had ran in several elections throughout their careers. Although judicial elections in Ohio are nonpartisan, party affiliations are obvious in a race like this.^[15]

Ralph Winkler, a Republican, was elected to the Hamilton County Court of Common Pleas in 2004 and re-elected in 2010. He previously served as a municipal judge for five years, and as an assistant county prosecutor for 12. The Winkler name was familiar to voters because several of his family members had run for office as well. His father, also Ralph Winkler, was a judge on the 1st District Court of Appeals. His mother, Cheryl Winkler, was a state representative and trustee for Green Township. Robert C. Winkler is the brother of Ralph and at the time of the 2014 election was also a judge for the Hamilton County Court of Common Pleas. Ralph Winkler's wife Tracy serves as the county's clerk of courts.^[15]

Challenge to Ohio's current judicial elections system fails

In Ohio, judicial candidates must first win a party primary to appear on the general election ballot. When they do, however, their party affiliation does not appear next to their name on the November ballot. And, it appears this unique system will continue now that a federal judge has ruled that the United States Constitution does not forbid it.^[6]

U.S. District Judge Susan Dlott of the United States District Court for the Southern District of Ohio ruled against a challenge brought by the American Federation of State, County and Municipal Employees, the Ohio Democratic Party and others. The challengers argued that not identifying candidates by their party in the general election violated their First Amendment freedom of expression. Supporters of the current system countered that there is ample information available to voters who are interested in learning about the candidates, including their party affiliation.^[16]

In her ruling, Dlott questioned whether the system was “good public policy,” and even suggested that “Ohio’s… approach serves neither interest particularly well,” but nonetheless concluded that “the state has broad power to prescribe the manner of elections…”^[6]

Feedback on party labels in Ohio judicial elections

In her latest move to reform Ohio judicial elections under her "Ohio Courts 2013" plan, Ohio Supreme Court Chief Justice Maureen O'Connor issued an appeal for online feedback to learn how the public felt about the role of party affiliation in judicial elections.^[17][10]

The results and commentary were mixed, but were widely split down the middle, with some commenters believing that party affiliation had no place in judicial election races, while others believed that providing such party labels helps the public make more informed voting decisions. O’Connor has made her own opinion clear: party affiliation has no place in judicial elections. However, since a year’s worth of feedback did not clarify the public’s opinion on the issue, one way or the other, she removed the proposal from her judicial elections reform plan.^[10]

O'Connor planned instead to focus on 3 core proposals: increasing the qualifications required to be a judge in Ohio, moving the state's judicial elections to odd-numbered years and having judicial races listed at the top of voting ballots and increasing voter awareness and education about judicial candidates through programs and elections information.^[18][7]

Ohio is currently the only state holding partisan primary elections for judges using party affiliation labels, which are then left off the general election ballots. Nationwide, 22 states elect their judges, with 14 of those states utilizing nonpartisan elections, and seven electing their judges using a partisan method.^[10]

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

The results of Ohio's May 6 primary elections showed a very close call in the Democratic primary contest for the Guernsey County Court of Common Pleas Probate/Juvenile Division. The two candidates, Andy Warhola and Kent D. Biegler, ran head-to-head in the primary, with Andy Warhola squeaking by with just one extra vote. He came in with 918 votes to Biegler’s 917.^[19]

Due to the small margin of victory, the primary result was reviewed by the county board of elections. Pursuant to Ohio elections laws, an automatic recount is conducted if the winning margin is less than one-half percent of the total votes. In this primary 1,835 total votes were cast.^[20][21]

Warhola at the time of the election worked as an attorney in a solo practice located in Cambridge, Ohio. He received his law license in 1979, moved to Guernsey County in 1980 and has been regularly practicing law in the Guernsey County Court of Common Pleas Probate/Juvenile Division since then. Warhola’s judicial philosophy stresses, among other things, his desire to "work with law enforcement, social service agencies and public officials, within the bounds of the law, for the overall benefit of the community."^[22] Warhola considers "probation supervision of juvenile offenders to be a privilege, not a right," and hopes to "pursue and maintain programs through the court that will combat teen drug and alcohol abuse and mental health issues."^[22]

Ohio candidate fixes misprinted yard signs

In preparation for the May 6 primary election, Steve Eckstein of Fayette County spent his final campaign days going door-to-door but not, as one might suspect, actually knocking.^[24]

Eckstein, who ran for Fayette County Probate-Juvenile Judge, was busy repairing a mistake he made in printing his pop-up advertisements and yard signs:^[24]

The state's election rules dictate that a candidate may not use the term "judge" in his promotional materials unless he is currently a judge, or unless the term appears after the word "for." Eckstein's signs were printed with a line and a star separating his name from the judgeship title, but he was confronted for neglecting to include the word "for" and potentially leading voters to think he was the incumbent candidate.^[24]

Eckstein apologized for his error, stating that he thought the line and star made his signs compliant with the rules and that it was never his intention to mislead voters.^[24]

Ohio Supreme Court incumbents boast best fundraising efforts so far

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

According to campaign documents the candidates were required to file in April, French raised $259,509.77 during the first four months of 2014.^[25] Her opponent, John P. O'Donnell, raised a little over one-third of that amount. His campaign reported contributions of $89,791.^[26]

Incumbent Sharon L. Kennedy reported that her campaign took in $137,295.33 during the first required reporting period for the 2014 elections.^[27] Kennedy led her opponent in fundraising. Tom Letson did not file a report regarding campaign contributions. The report is required when a campaign takes in, or spends, at least $1,000.^[28]

The amounts were fairly low in comparison to the contributions raised by candidates in 2012. That year, all of the candidates running for seats on the supreme court raised a total of close to $3,500,000.^[29] However, the candidates still had seven months from the first required reporting period and between the primary and general elections to continue to raise funds and inform voters about their qualifications.

As with past races, many questioned how judges on the state's highest court can appear impartial while their campaigns take in funds from individuals, attorneys and groups who may someday appear before them in court. Kennedy for example had received contributions from a variety of organizations and individuals such as: Time Warner Cable Ohio's PAC, the Friends of Ohio Hospitals and an Ohio Farm Bureau PAC.^[27] French's report included contributions from a number of law firms, several insurance company PAC's and the Ohio Oil and Gas Producers Fund, among many others.^[25]

Candidates for the Ohio Supreme Court face more strict fundraising requirements than those competing for other elected positions. Campaign committees for supreme court candidates may not begin to seek donations until 120 days before the primary. Candidates must compete in a partisan primary, but then go on to compete in a nonpartisan general election in the fall. Once the primary election is over, candidates may no longer mention their affiliation with a particular political party.

Lucas County races trigger party endorsements

For the first time in nine years, the Lucas County Democratic Party officially endorsed candidates for elections ahead of the May 6th primary.^[30]

The Democratic Party had previously ended the practice of making pre-primary endorsements in 2005 in order to stay neutral in that year’s mayoral race in Toledo. However, after last year’s mayoral election—in which the democratic vote was split between two candidates yielding no Democrat on the general election ballot—the party decided to issue endorsements for local races.^[30]

In the primary for Lucas County Common Pleas judge, the Democratic Party endorsed Ian B. English, who at the time of the election served as an assistant prosecutor for Lucas County. Lucas County Juvenile Magistrate Laura Restivo and Toledo attorney Richard L. Roberts also ran for the seat. The seat was vacated by Judge Frederick H. McDonald, who at 70 years old was prevented by age restrictions from seeking an additional term.^[31]

English, the ultimate winner of the primary election then faced Republican Mark Davis, a Toledo attorney, who ran unopposed for the GOP’s nomination. Davis had previously ran unsuccessfully for a seat on the Toledo Municipal Court in 2011.^[31]

Lake County attorney removed from primary ballot

After a successful challenge from a local resident contesting her address, attorney Patricia Lynn Winfield was removed from the Ohio Eleventh District Court of Appeals primary ballot.^[32]

Winfield, a Democrat, was seeking to run for a seat on the appellate court that is based in Warren, Ohio, and serves Lake, Geauga, Ashtabula, Portage, and Trumbull counties. Though Winfield had listed an address in Willoughby as her place of residence, Concord resident Paul R. Malchesky argued that she actually resided in Euclid, which is outside the five-county jurisdiction of the Eleventh District Court of Appeals. At the hearing, Winfield testified that she owned the property in Willoughby but did not live there, though she planned to do so when her current tenant moved out.^[32]

The four-member Lake County Board of Elections voted unanimously to remove Winfield from the primary ballot. “We reviewed the evidence and we all agreed the residency requirement at that address was not met,” said board chairman David Vitaz.^[32] Under the Ohio Revised Code 2701.04 and the Ohio Constitution Article XV, §4, a judicial candidate must reside in the district to which she or he is seeking election.^[33] Winfield expressed disappointment after the ruling. “I moved to Lake County and followed the rules and I believe that their decision is wrong,” she said.^[32] She added that though she would have fared better had she run for the 8th District Court of Appeals from her Euclid address, she had been unable to register as a candidate there due to her supposed move to Willoughby.^[32]

County board of elections moves offices from city to suburbs

In a controversial move sure to stoke the ongoing debate about voter rights and access to the polls, Ohio Secretary of State Jon Husted determined that the Hamilton County Board of Elections should move from its current downtown location to a remote suburban site after the 2016 general election.^[35]

Husted, a Republican, cast the tie-breaking vote according to Ohio law after the Hamilton County Board of Elections split 2-2 along party lines on whether the move should take place. The two Democrats on the board argued that moving from the existing office on Broadway, which is well-served by public transit, would make in-person early voting more difficult for urban residents without vehicles. The board’s two Republicans argued that the new site in the suburb of Mt. Airy would provide better facilities and more parking spaces, and that there are already plenty of opportunities for people to vote early by absentee ballot or in person during the 35-day early voting period.^[16]

In his decision, Husted directed the Board of Elections to come to a “bipartisan agreement” on how to either improve early voting access at the Mt. Airy site or find another early voting location that “works for all of Hamilton County” between now and 2017.^[36] Husted said that “three years should be plenty of time” to come to an agreement.^[36]

Ohio Democrats, the ACLU, the NAACP, women’s rights groups and others have noted that Husted’s decision comes at a time when additional voting restrictions have also been passed by the Ohio State Assembly, including the elimination of Sunday voting, eliminating one week of early voting, and restricting who can send absentee ballots to voters.^[37] The ACLU noted that the downtown location “is convenient for 59% of Cincinnati residents,” while the Mt. Airy site “is convenient to only 29% of Cincinnati residents, and is a staggering 1.5 hour bus ride from downtown…”^[35] Ishton Morton, president of the Cincinnati NAACP, said he was in contact with the national NAACP to weigh his organization’s options. Since the move will not take place until 2017, Morton said legal action would be “premature and ineffective.”^[38]

Ohio probate court judge investigated

Mahoning County Probate Court Judge Mark A. Belinky, who recently filed petitions to run for re-election, was the subject of a corruption investigation, according to court documents obtained by local news organizations.^[39]

Agents from the Ohio Bureau of Criminal Investigation and Identification, along with sheriff’s deputies, searched Belinky’s court office as well as his Boardman Township home looking for bank records, campaign finance reports, lists of donations, lists of donors, ledgers, and any documentation, computers, electronic media.^[39] Officials were initially reticent about the nature of the investigation, but details emerged from court filings concerning the warrants.^[40]

The documents indicated that the investigation centered on Belinky’s campaigns for office and his conduct while in office. The confiscated items were labeled as evidence in possible criminal offenses including bribery, money laundering, and theft. No criminal charges were filed as of February 11th.^[39]