D’Apolito to challenge Franken

The two longtime attorneys never faced each other in the courtroom.

By DAVID SKOLNICK

VINDICATOR POLITICS WRITER

YOUNGSTOWN — Newly appointed Judge Timothy E. Franken of Mahoning County Common Pleas Court knew it was only a matter of time before someone would challenge him.

Lou A. D’Apolito, 63, of Boardman didn’t let Judge Franken wait too long. D’Apolito is circulating nominating petitions to run for the post in the March 2008 Democratic primary.

“I wouldn’t be surprised if there were more challengers,” Judge Franken of Beaver Township said. “I don’t see anyone running as a real problem.”

Gov. Ted Strickland appointed Franken, 59, to a vacant judicial post, effective Oct. 1. He replaced Maureen Cronin, who retired in July after 13 years on the bench.

“I’m handling the case load and already proving the governor made the right choice,” Judge Franken said.

D’Apolito said when he first became a lawyer he decided that when he was near the end of his legal career, he would run for judge or become a law professor.

“I decided this is the way to go,” he said of running for judge. “I don’t want to teach.”

D’Apolito said he considered seeking the soon-to-be vacant county probate position, but because of his trial attorney experience, the common pleas spot is a better fit.

Before the appointment, Judge Franken spent 21 years in private practice, and then worked the last seven years for the county prosecutor’s office. D’Apolito has been an attorney since 1973.

Despite their many years of legal experience, they’ve never faced each other in court.

“He’s a competent and capable guy,” D’Apolito said of Judge Franken. “But it’s a matter of which competent and capable guy you want.”

This is D’Apolito’s first bid for a judicial seat. He unsuccessfully ran for Congress in 2000 and 2002.

In the latter race, he faced Strickland in the Democratic primary for the 6th Congressional District seat. He beat Strickland in Mahoning County but lost the 11 other counties in the district.

Judge Franken unsuccessfully ran for judicial seats in 1996, 2002 and last year.

Jan. 2, 2008, is the filing deadline for the March 4, 2008, primary.

Judge Franken will run next year to fill the remainder of Cronin’s six-year term, which began this past Jan. 3.

skolnick@vindy.com