Fill supreme court post now

COLUMBUS

The state’s top Democrats have made clear their choice to become the next chief justice of the Ohio Supreme Court.

That person is Judge Eric Brown, a Democrat serving in Franklin County Common Pleas Court. He’s running against Republican Maureen O’Connor, the top vote-getter among all candidates in the 2008 general election.

Ohio Democratic Party Chairman Chris Redfern has called Brown an important, leading judicial scholar who will help bring balance to the solidly Republican high court.

And Gov. Ted Strickland offered nothing but praise for Brown when he provided his endorsement in early February.

“I went to Eric Brown, along with others, and I asked him to seek this important post as chief justice of the Ohio Supreme Court,” Strickland said at the time. “I did that for more than one reason. ... Eric is a personal friend of mine ... and I know him well enough to know that he is dedicated to the Constitution, to the rule of law and to justice.”

Experience

The governor added at the time, “Judge Brown has vast management experience that will serve him well as he leads the court as the chief justice.”

And, “It is my pleasure to introduce you this morning to the person who will be the next chief justice of the Ohio Supreme Court.”

All of which is going to make it very, very awkward if Strickland decides not to appoint Brown to replace the late Thomas J. Moyer, who died unexpectedly earlier this month.

The governor, Redfern and other Democrats have deferred comment on the appointment until next week, following Moyer’s public visitation and funeral.

“The appropriate thing is to wait until the state and the individuals who cared about the chief justice have paid their respects to him,” Strickland told Statehouse reporters last week. “I can tell you that probably in the early part of next week, I will engage in this issue. I have not to this point, I don’t have any particular course of action in mind. I haven’t decided what I’m going to do. But I will obviously turn my attention to that soon after the services for the chief justice have been completed.”

If he doesn’t appoint Brown, it calls into question his party’s support of the judge. Why wait until November when you’re convinced you have the best candidate for the job now?

Even if Brown loses, Strickland can turn around and appoint him back to the state’s high court to fill O’Connor seat. Plus Brown would already have eight months or so of high court experience, easing the transition.

Seems like a no-brainer. But anything can happen in politics.

Marc Kovac is The Vindicator’s Statehouse correspondent. E-mail him at mkovac@dixcom.com or on Twitter at Ohio Capital Blog.