Selection of Franken as judge is revealing

Not to demean Assistant Mahoning County Prosecutor Tim Franken’s appointment by Gov. Ted Strickland to the county’s Common Pleas bench, but he got the job by default. Had Robert Bush, another assistant county prosecutor, been electable countywide, he would have been the one taking the oath of office Saturday.

And, had Magistrate Tim Welsh not been seen as too much of a political insider by virtue of his having the support of Mahoning County Chairwoman Lisa Antonini, he may well have secured the appointment.

While we may never know what went on in the governor’s office as the candidacies of Franken, Bush and Welsh were evaluated, it is possible to piece together a scenario based on the chatter on the streets.

What is clear is that Strickland, a former member of Congress whose district included a portion of Mahoning County and all of Columbiana County, had wanted to name a woman to succeed Judge Maureen Cronin, who retired. Not having the option with the three finalists sent to him by the Ohio Judicial Appointments Recommendation Panel, he took a particular interest in Bush because he is black.

The governor’s commitment to diversity is well known.

However, he could not ignore the reality of Mahoning County politics: A black candidate cannot win a countywide election. Of course, Strickland could have thrown political caution to the wind and named Bush to the seat, but that would have guaranteed a Republican winning in the general election.

Indeed, the assistant prosecutor and former Youngstown law director and police chief may have attracted competition in the Democratic primary.

Goal of the parties

Electability has long been a criterion embraced by Democratic and Republican governors in filling vacancies. After all, the goal of each political party is to hold on to as many offices as possible.

So, with Bush out of the running, it came down to Franken and Welsh. By any measure, the magistrate in common pleas Judge R. Scott Krichbaum’s court should have been the favorite. Not only did he have the credentials, but he was endorsed by such notable jurists as U.S. District Court Judge Peter C. Economus, a former common pleas judge.

But he was also seen as Antonini’s pick and so he inherited her political enemies. The head of the party not only remains close to Michael Morley, David Engler and other mainstays of the Mahoning Democrats for Change grass-roots political organization — much to the chagrin of old-time Democrats — but she is not exactly an insider when it comes to the state Democratic Party. That’s because Antonini did not support Chris Redfern for state chair.

Thus, rather than having an edge because of the chairwoman’s backing, Welsh was burdened with whatever political baggage she carries.

Thus, the governor was left with only one choice: Franken, who is a three-time loser in elections. He ran for the 7th District Court of Appeals in 1996, for common pleas judge in 2002, and again for the appeals court in 2006.

He may be one of the most talented prosecutors in the history of Mahoning County, but his inability to transform those credentials into a winning strategy at the polls raises the question of his electable.

In the end, however, the biggest loser in the gubernatorial appointment process is Antonini, who has revealed a political weakness that will cause problems for her next year — unless she takes some drastic action.

Not only is she the head of the county Democratic Party, but she is county treasurer and will be on the ballot in 2008. She got the treasurer’s job because she enjoys the support of the precinct committeemen and women, many of whom were elected during the Democrats for Change coup several years ago.

Dilemma

But her seeking the position has caused her enemies to redouble their efforts to punish her politically. Therein lies her dilemma.

As has been pointed out in this space in the past, state and national Democrats will not stand for one of the leading Democratic counties in the state being embroiled in a family feud. After all, the presidential election, and Ohio’s role as the battleground, is bigger than the aspirations of one person.

Given all that has taken place, it would not come as a surprise if she resigns as party chairwoman early next year.