Ohio Supreme Court elections

From Judgepedia

Results of all contested 2008 state Supreme Court elections

In November 2008, there were two Ohio Supreme Court elections.

In the first race, Maureen O'Connor, an incumbent justice on the court as of 2002, faced and defeated Joseph Russo, a Common Pleas Court judge from Cuyahoga County.

In the second race, incumbent Evelyn Lundberg Stratton sought a third six-year term on the court. Her opponent, whom she defeated, was Peter M. Sikora.

2008 election results

• On November 4, Justice Maureen O'Connor garnered 2,729,018 votes (67%) to defeat Joseph Russo, who received 1,329,183 votes (33%).^[1]

• In the other race, Evelyn Stratton received 2,443,112 (63%) to defeat challenger Peter Sikora, who received 1,424,786 votes (37%).^[2]

Study of the Ohio Court

Recently, there have been favorable reports on the state of the Ohio Supreme Court, as a reflection of the current Justices. A recent Federalist Society white paper, A More Modest Court: The Ohio Supreme Court's Newfound Judicial Restraint, chronicles the court's recent return to "a more traditional judicial role." Case Western Reserve law professor Jonathon Adler and Christina Adler conclude that the court's policy of allowing "greater deference to legislative enactments" and resisting "expanding bases for tort liability" has resulted in a "more modest supreme court."^[3]

Additionally, a Manhattan Institute report entitled Judging Ohio reports that "Ohio's once-threatening legal environment is looking friendlier and fairer, thanks in no small part to the electorate's decision to install new judges who are less willing to substitute their policy preferences for the legislature's political will."

Maureen O'Connor

Endorsements

Justice O'Connor has received the endorsements of The Cleveland Police Patrolmen's Association, The Ohio Manufacturer's Association and the The Ohio State Bar Association (Recommended).^[4]

Additionally, she is endorsed by:

• the National Federation of Independent Business
• The Ohio Society of CPAs
• Columbus Fire Fighters Union, Local #67, I.A.F.F.
• The Ohio Optometric Association
• The Ohio Podiatric Medical Association

The Cleveland Plain Dealer has endorsed Justice O'Connor, stating:

"O'Connor has been a pleasant surprise on the court. She has been an outspoken advocate for more transparency and has often brought an important voice of reason and moderation to a court whose members are all Republicans. She has earned re-election."^[5]

Judicial Philosophy

Justice O'Connor articulates a philosophy of judicial restraint. “I am not directed by my own personal beliefs as a judge. I believe that the role of the court is to interpret the law as it is written. I strongly suppport the three co-equal branches of government and believe in the separation of power as contained in the Constitution.”

According to Ohio Business Votes, her key judicial opinion authored is Norwood v. Horney, 110 Ohio St.3d 353 Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216.^[6]

Candidate Questionnaire

Prior to each state and national election, the Ohio League of Women Voters Education Fund provides nonpartisan information on candidates and issues to its local Leagues. This information is used in Voter Guides, which are distributed by local Leagues throughout the state.^[7] Below are the two questions given to each candidate:

1) How have your training, professional experience, and interests prepared you to serve on this court?

"I have spent the past 23 years as a public servant. I have been fortunate to have held positions of trust that have allowed me the opportunity to serve my community and state. Each position has provided opportunities for personal growth and increased levels of professionalism. With each position came a tremendous amount of responsibility and trust. I strive to follow the law even when it is most difficult to do so. I am not directed by my own personal beliefs as a judge."

2) A 2002 poll commissioned by the League of Women Voters of Ohio Education Fund found that 83% of voters believed that campaign contributions influence judges and candidates more than any other factor. Under Ohio’s Code of Judicial Conduct (Canon 3), judges should disqualify themselves when they cannot perform their duties “impartially and diligently.” What specific criteria would you use to determine whether to recuse yourself from cases involving parties or attorneys who contributed to your campaign?

"I have always performed my duties diligently and impartially. I am confident that I have not shown favoritism or bias no matter who has come before me as a judge. I strongly support to Constitutions of the US and Ohio. I believe that the role of the court is to interpret the law as it is written. I strongly support the three co-equal branches of (Candidate exceeded word limit)"

Joseph Russo

Endorsements

Russo has received the endorsement of Governor Ted Strickland.^[8] A full list of endorsements is available on Judge Russo's website.

Judicial Philosophy

While Judge Russo doesn't clearly articulate a judicial philosophy, his comments about restoring "balance" to the Supreme Court indicate that he doesn't consider himself a proponent of judicial restraint, like Justice O'Connor; this likely means he leans towards judicial activism. “We need to restore balance to the Supreme Court, both politically and philosophically. We need more ideas from different points of view. All I am looking to do is bring a different perspective.”

According to Ohio Business Votes, there are no key opinions that Russo has authored.^[9]

Candidate Questionnaire

Prior to each state and national election, the Ohio League of Women Voters Education Fund provides nonpartisan information on candidates and issues to its local Leagues. This information is used in Voter Guides, which are distributed by local Leagues throughout the state. Joseph D. Russo's response was received after their deadline.^[10] Below are the two questions given to each candidate:

1) How have your training, professional experience, and interests prepared you to serve on this court?

"After a short stint at a firm, I opened my own practice specializing in Employment Discrimination Litigation from both the Plaintiff and Defense sides. I also served for a short period as the Bedford Assistant City Prosecutor, and practiced some misdemeanor criminal defense work. I was elected Common Pleas Court Judge in November of 2000. I am currently the Chairman of the Civil Rules Committee. In my first term, I adjudicated over 7,000 civil and criminal cases, including seven death penalty cases. I was re-elected without opposition in 2006, and received perfect scores from the Cleveland Bar Association, Cuyahoga Bar Association, Norman Minor Bar Association, Women’s Bar Association and the Cuyahoga Criminal Defense Lawyers Association. Last year, I became a Law Professor at Case Western Reserve University. I believe that my background has made me a suitable candidate to bring both political and philosophical balance to the Ohio Supreme Court."

2) A 2002 poll commissioned by the League of Women Voters of Ohio Education Fund found that 83% of voters believed that campaign contributions influence judges and candidates more than any other factor. Under Ohio’s Code of Judicial Conduct (Canon 3), judges should disqualify themselves when they cannot perform their duties “impartially and diligently.” What specific criteria would you use to determine whether to recuse yourself from cases involving parties or attorneys who contributed to your campaign?

(Candidate exceeded total word limit with previous response)

Evelyn L. Stratton

According to Americans United for Life, Justice Lundberg Stratton:

"has been a consistent pro-life voice on the court for a decade, and recent additions Justices O'Donnell and Lanzinger have shown an early tendency to join her approach to these issues."^[11]

Endorsements

The Ohio Manufacturers’ Association has endorsed Justice Evelyn Stratton for re-election to the Ohio Supreme Court. Chairman of the Association, James McGregor, said of Justice Stratton:

"Justice Stratton has a thorough understanding that public policy and the judicial environment have a significant impact on competitiveness, jobs and prosperity in Ohio. She has consistently ruled in a fair and objective manner on issues that impact the OMA’s mission to help Ohio grow and prosper economically."^[12]

A full list of Justice Lundberg Stratton's endorsements can be found here.

Judicial Philosophy

“My philosophy is one of judicial restraint with deference to the legislature on issues of social policy or extension of liability and causes of action. I believe that courts must strive to set aside personal wishes regarding what the law should be or what an individual judge would like the law to be. Rather, courts must hold fast to their duty to interpret the law according to the intent of the framers of the Constitution and according to what the legislature intended the law to mean. Judges are not assigned the role in our constitution to 'make law.'”

According to Ohio Business Votes, Stratton's key opinions authored are McCrone v. Bank One Corp., 107 Ohio St.3d 272 (Concurrance); Coryell v. Bank One Trust Co. N.A., 101 Ohio St.3d 175 (Dissent).^[13]

Candidate Questionnaire

Prior to each state and national election, the Ohio League of Women Voters Education Fund provides nonpartisan information on candidates and issues to its local Leagues. This information is used in Voter Guides, which are distributed by local Leagues throughout the state.^[14] Below are the two questions given to each candidate:

1) How have your training, professional experience, and interests prepared you to serve on this court?

"I was born to American missionary parents in Thailand and attended mission boarding schools in Vietnam and Malaysia. Observing governments without freedom of press, speech, or religion has helped me weigh those rights as a judge. I was an experienced trial lawyer and judge before I was elected to the Court twelve years ago. I have been actively involved in issues of adoption and mental health reforms."

2) A 2002 poll commissioned by the League of Women Voters of Ohio Education Fund found that 83% of voters believed that campaign contributions influence judges and candidates more than any other factor. Under Ohio’s Code of Judicial Conduct (Canon 3), judges should disqualify themselves when they cannot perform their duties “impartially and diligently.” What specific criteria would you use to determine whether to recuse yourself from cases involving parties or attorneys who contributed to your campaign?

"We have strict contribution limits to prohibit individuals or group from donating large sums to a Justice. In my last campaign, I had almost 3000 contributors, the vast majority who contributed $100 or less. Our elections system requires judicial candidates to raise money to campaign. I recuse only if I have a close tie to a contributor (i.e., was my treasurer or campaign manager). If we recuse simply because a donation was made, our Court would become a court of visiting judges.

Peter M. Sikora

Endorsements

Dennis J. Kucinich, five-term Congressman from Ohio’s 10th Congressional District, announced his support for Sikora.^[15] He has rejected an endorsement from the Ohio Chamber of Commerce citing, among other reasons,its opposition to a paid sick leave proposal for Ohio workers.^[16]

Judicial Philosophy

According to a quote on Progress Ohio website, upon his announcement of candidacy, Sikora declared "Our system of government depends on a series of checks and balances, both politically and governmentally. We have seen what one party rule in all branches of Ohio government can bring. While the elections of 2006 brought some balance to the Executive and Legislative branches here in Ohio, there still is none on the Ohio Supreme Court. It's time for that to change." Based on his comments about bringing "balance" to the Court, it is fair to conclude that Sikora differs from Justice Lundberg Stratton and leans towards a judicial activist philosophy. Additionally, Progress Ohio notes that Sikora, who supports the creation of Family Courts throughout the state, is also an advocate for programs which encourage adoption.^[17]

According to Ohio Business Votes, he has not declared his Judicial Philosophy, and has not authored any key decisions.^[18]

Candidate Questionnaire

Prior to each state and national election, the Ohio League of Women Voters Education Fund provides nonpartisan information on candidates and issues to its local Leagues. This information is used in Voter Guides, which are distributed by local Leagues throughout the state.^[19] Below are the two questions given to each candidate:

1) How have your training, professional experience, and interests prepared you to serve on this court?

"I believe my training, professional experience and interest have prepared me well to serve as Justice of the Supreme Court of Ohio. My background is diverse and my personal life experiences will enable me to approach the work of the Court with a unique perspective, understanding and empathy."

2) A 2002 poll commissioned by the League of Women Voters of Ohio Education Fund found that 83% of voters believed that campaign contributions influence judges and candidates more than any other factor. Under Ohio’s Code of Judicial Conduct (Canon 3), judges should disqualify themselves when they cannot perform their duties “impartially and diligently.” What specific criteria would you use to determine whether to recuse yourself from cases involving parties or attorneys who contributed to your campaign?

"It is tragic that many voters believe campaign contributions influence Judges. The authority of Courts rests on the belief that Judges are fair and impartial, a belief that is undermined by Judges having to recuse themselves because their campaigns accepted contributions from certain individuals. I will follow the Judicial code and disqualify myself when necessary. But if the voters elect me, I believe they expect me to hear the cases that come before the Court. Therefore, I have instructed my campaign treasurer to scrutinize carefully every contribution and reject any which could compromise my ability to perform my duties."

2008 Election

Campaign contributions study

The Joyce Foundation's Money in Politics program assessed campaign contributions made to the current Ohio Supreme Court candidates from November 2007 to April 2008. Here's a brief overview of what they found:

• Incumbents out-raised their challengers 26-1 (Evelyn Stratton's race against Peter M. Sikora contributed greatly to this statistic; she out-raised Sikora 31-1)
• Republican incumbents Stratton and Maureen O'Connor received roughly the same amount of contributions from business ($92,868 and $97,680, respectively)
• Lawyers contributed significantly to Russo, O'Connor, and Stratton
• Individuals contributed 45% of all donations made
• Political Action Committees (PACs) contributed 48% of overall funding
• Unions contributed 1%
• Political parties contributed 7%

For the complete study, see here.

O'Connor argues she's the stable candidate

Justice O'Connor has said voters should choose her in order to give businesses the judicial reassurance they need to invest in Ohio.

"We just need to project that image of stability [for business], especially in these troubled economic times, so if there's someone who's thinking about coming to Ohio, there's a reason for them to come," she said.

As a Republican, O'Connor's initial successful election swung the state in a conservative direction. Her votes on critical cases have limited the amount of lawsuits brought against conglomerates such as big business and the medical community, as well as infringements on the 2nd Amendment and eminent domain.

Her challenger, Judge Joseph Russo has cited outside news articles and progressive sources in order to argue that O'Connor's decisions are influenced by campaign contributions. O'Connor says that a simple look at cases the Ohio Supreme Court has turned down prove otherwise.^[20]

Candidates Sign "Clean Campaign Agreement"

All of the candidates running for positions on the Ohio Supreme Court have signed a "Clean Campaign Agreement." The Ohio State Bar Association's Judicial Election Campaign Advertising Monitoring Committee announced in April that Justice Maureen O'Connor, Judge Joseph Russo, Judge Peter Sikora, and Justice Evelyn L. Stratton have all signed the agreement to take personal responsibility for the contents of their election advertisements and statements. In also requiring these candidates to steer clear of negative campaigning that impunes the judicial system or fellow candidates, the OSBA and its President, Robert Ware, are hoping to instead focus the election on "credentials, judicial temperament and experience...that demonstrate the dignity and respect the office deserves."^[21]

Democrats Announce

This will be the third time Cuyahoga County Juvenile Court Judge Peter Sikora, a Democrat, attempts to win a seat on the Ohio Supreme Court. He lost in 1996 to former Republican Justice Andy Douglas, and in 2006 he lost in the Democratic primary to former state senator Ben Espy. Espy went on to lose in the general election. Sikora will challenge Republican incumbent Justice Evelyn L. Stratton, of suburban Columbus.

Cuyahoga County Common Pleas Court Judge Joseph Russo, a Democrat, announced he would run against Republican incumbent Justice Maureen O'Connor. By challenging different justices, Sikora and Russo will avoid a competitive party primary in March unless other Democratic candidates choose to run. Both Stratton and O'Connor announced they had submitted petition signatures to the Secretary of State's office that, once verified, will officially qualify them as candidates.^[22]

2004 elections

In the November 2004 Ohio general election, Thomas Moyer beat C. Ellen Connally for the position of Chief Justice of the Ohio Supreme Court. Moyer won with 53.21% of the vote.^[23]

Terrence O`Donnell beat William M. O`Neill with 60.5% of the vote.^[24]

Judith Ann Lanzinger beat Nancy A. Fuerst with 57% of the vote, while Paul E. Pfeifer ran unopposed.^[25],^[26]

2002 elections

In 2002, Maureen O'Connor defeated Democrat Timothy Black, winning 1,709,673 votes to his 1,276,497 votes. Evelyn Stratton beat Janet Burnside, with Stratton winning 1,599,165 votes to 1,290,412 for Burnside.^[27]

External links

• Incumbent GOP Ohio Supreme Court candidates have huge fund-raising lead
• Justice O'Connor's Website
• Ohio Business Votes: Voter Guide on the Supreme Court
• Ohio Judicial Conference, Electing Judges: A Citizen's Guide
• O'Connor File for Re-Election to Ohio Supreme Court (12/21/07)
• Judging Ohio

References