Appeals Judge O'Neill announces election bid

He also has asked two justices to remove themselves from a case against Taft.
By JEFF ORTEGA
VINDICATOR CORRESPONDENT
COLUMBUS -- William O'Neill, a Democratic state appeals court judge, announced Friday he's running again next year for the Ohio Supreme Court.
He's also asking Supreme Court justices Judith Lanzinger and Terrence O'Donnell to excuse themselves from a high court case filed by a state Sen. Marc Dann, who's seeking records from Gov. Bob Taft connected to a state investments controversy.
Judge O'Neill, 58, who works in the Warren-based 11th District Court of Appeals, said the two GOP justices should not hear the case because it partially involves Brian Hicks, Taft's former chief of staff who Judge O'Neill says has served as a consultant to the two justices.
Judge O'Neill said he will seek a six-year term on the high court seat now held by Justice O'Donnell. It could set up a rematch from last year when Justice O'Donnell, a Rocky River resident, defeated Judge O'Neill of South Russell Village in Geauga County for the remaining term of former GOP Justice Deborah Cook of Akron. Cook was appointed to the federal appeals bench. The unexpired term ends Dec. 31, 2006. Justice O'Donnell was appointed to the seat in May 2003.
Investment investigation
The suit cited by Judge O'Neill was filed by Dann, of Liberty, D-32nd, against Taft, seeking all weekly memos dating to 1998 from the governor's office involving the Bureau of Workers' Compensation, the state's insurance fund for injured workers.
The BWC has lost about $300 million in various investments over the past few years, news reports say.
Taft's office has turned over several hundred pages of governor's office memoranda to Dann and his lawyers. Dann's lawyers, however, say some were redacted, while as many as 267 memos may not have been provided.
Dann and his lawyers want to depose Taft and other current and former state officials including Hicks in connection with the suit.
The high court has scheduled oral arguments in the case for Nov. 9. If the two justices don't excuse themselves, Judge O'Neill said he may take further action.
He said his options could include either his or another party's filing disciplinary complaints against the justices over allegations of violating judicial canons that say justices should disqualify themselves from proceedings in which their impartiality might be reasonably questioned.
But Chris Davey, a spokesman for the high court, said both Justice Lanzinger and Justice O'Donnell will hear the case.
"They've both looked at their responsibilities under the Code of Judicial Conduct and looked at the circumstances of this case and determined that it is appropriate to hear this matter," Davey said.
Davey noted that Judge O'Neill is not a party to the Dann suit and that both parties have not indicated in court filings that they believe that any justice should be disqualified.
2006 race
Besides Judge O'Neill, Montgomery County Common Pleas Judge A.J. Wagner has declared his intention to run for Justice O'Donnell's seat next year, according to Ohio Democratic Party officials.
In last year's campaign for the high court, Judge O'Neill set a personal limit on political contributions of $10 for individuals. Now, Judge O'Neill is pledging to accept no political campaign contributions, saying he will self-fund his campaign.
Judge O'Neill said he doesn't plan to air any political television advertisements in his high-court bid but anticipates an aggressive Internet campaign. Judge O'Neill said his campaign also will purchase a printing press and distribute a million pieces of campaign literature statewide.
The other high court seat up for grabs in November 2006 is the one held by Democratic Justice Alice Robie Resnick. Ohio Democratic Party officials said Justice Resnick has not indicated yet whether she will seek re-election.
Ohio Republican Party officials said Justice O'Donnell is expected to seek re-election. The state GOP said three appeals court judges have recently screened with the party to run for the seat currently held by Justice Resnick.
State GOP spokesman John McClelland identified those Republican judges as Robert Cupp of Lima, who sits on the 3rd District Court of Appeals; Stephen Powell of Middletown, who sits on the 12th District Court of appeals; and Susan Brown, who sits on the 10th District Court of Appeals in Columbus.
Republicans hold a 6-to-1 advantage on the Ohio Supreme Court.