DAVID SKOLNICK | Politics Sweeney, Kobly would make for good race

Mahoning Republicans find themselves in a familiar position.
For the third time since 2001, party leaders recommended three candidates to fill a judicial vacancy in Mahoning County. The county is one of the most Democratic in the state, and its elected officials are overwhelmingly Democratic.
But under state law, when judicial vacancies occur, the county's Republicans are in the driver's seat.
That's because the vacancies are filled by the governor, who is a Republican. Gov. Bob Taft asks the local Republican Party for a list of three finalists, and usually chooses one to fill the opening.
In 2001, the death of Juvenile Court Judge James M. McNally left a vacancy. Taft appointed Judge Theresa Dellick, then a county court judge, to the seat. She later won the 2002 election, with no Democratic opposition, to fill Judge McNally's unexpired term.
Judge Dellick, a Republican, is running in November for a full six-year term against Democrat Wade W. Smith Jr. It is a race that Mahoning Democrats are targeting this time around.
When Judge Dellick left the county court bench in 2001, Taft appointed Republican Loren Popio to replace her. In a tight three-person race, Judge Diane Vettori, a Democrat running in the nonpartisan election, captured the seat.
This time, Mahoning Republicans sent the names of three finalists to replace Judge Robert Lisotto of common pleas court. He resigned earlier this month on a medical disability.
Mahoning Democrats can't do anything to stop this process, but it doesn't mean they're pleased that a Republican governor gets to replace a Democrat as judge. Also, they don't plan to roll over and play dead.
Before 2001, Taft appointed fellow Republicans to other judicial positions in Mahoning County when vacancies occurred. In many of those cases, the Democratic judge was forced to resign because they were convicted of criminal activities.
Once a Republican is appointed to fill a judicial vacancy, it is quite a challenge to defeat them during a general election, even in Democratic-rich Mahoning County. Obviously, it's not impossible as Judge Vettori beat Judge Popio.
But the power of incumbency is a tremendous advantage. Also, judges in general elections don't run with party affiliations and typically they have better name recognition than their challengers.
During his failed bid last week to get the Democratic nomination to replace Judge Lisotto, Tim Franken, an assistant county prosecutor, argued that "Republicans are the enemy, and we shouldn't give them an open door to come in."
Franken made the statement to point out that Taft will replace Judge Elizabeth Kobly of Youngstown Municipal Court, who beat him for the Democratic nomination for the judicial spot, should she win in November.
There are a few Republican attorneys living in Youngstown -- as well as a few Democrats willing to change their party affiliation if needed -- interested in that seat. That hasn't always been the case in the past.
Judge Kobly, a Democrat, was appointed by Taft to fill a vacancy on the court in 2000.
When November rolls around, Judge Kobly will be the challenger for the common pleas seat.
Taft is expected to select a replacement for Judge Lisotto from the three finalists recommended this week by Mahoning Republicans no later than mid-August.
Those three are Maureen Sweeney, who lost the 2002 Mahoning Probate Court general election; Leonard Hall, who lost the 2000 Democratic primary for county prosecutor and changed his party affiliation to Republican in March; and Paul Scarsella, a former assistant prosecutor in Franklin County.
Along with local Republican insiders and Judge Kobly, I expect Sweeney to get the nod. That would pit two women against each other for a seat on the common pleas court bench for the first time in Mahoning County history.
Sweeney would be the incumbent, even though it would only be for about three months. She has already run in a countywide election, giving her name recognition. Even with that, she'd be facing a formidable foe in Judge Kobly.
Mahoning Democrats who are tired of seeing Republicans appointed to judicial seats in the county plan to focus much of their attention on this race.