2 seek election to Ohio’s top court

October 24, 2010 at 12:00a.m.

COLUMBUS

Ohio Supreme Court Justice Judith Ann Lanzinger touts more than 25 years of experience in Ohio courtrooms, including stints in municipal, common pleas and appeals courts.

“I’m the only person who has actually been elected to every single level of the court system,” she said during a recent debate at the City Club of Cleveland.

Judge Mary Jane Trapp has 25 years of legal experience and presides over Ohio’s 11th District Court of Appeals, which includes appeals from Trumbull County.

“I like to say that I became a judge the old-fashioned way,” she told the City Club crowd. “It used to be that judges would spend the first half of their professional time learning their trade, studying the law, representing clients. And that was the foundation upon which you would base a judicial career.”

Trapp is challenging Lanzinger in one of two contests for the state’s top court.

Chief Justice Eric Brown, appointed earlier this year by Gov. Ted Strickland after the death of Thomas Moyer, faces Justice Maureen O’Connor in the other contested race. Justice Paul E. Pfeifer has no opponent in his bid for re-election.

Both Lanzinger and Trapp say their backgrounds and professional experiences make them the better candidate for the state’s top court.

Lanzinger said she has written more than 400 court opinions during her career, including about 200 in her current role. About half of the latter were concurring or dissenting opinions.

“This shows my independence,” she said. “My independent voice has been heard on the court.”

She added, concerning her approach to the bench, “We are individuals that must look very carefully, be judicially restrained, understand that our position is not that of the General Assembly. It is not a position on the executive branch. It is a position that says we will look at the cases that come before us, interpret the law fairly, open-mindedly, neutrally, impartially.”

Trapp told the City Club her experience as a practicing attorney helped to prepare her to be a better judge.

“I’ve tried jury trials in downtown Columbus and in downtown Fremont, Ohio,” she said. “I am not a career elected official, nor did I rely on those who are politically well-connected to achieve my positions. ... Rather, I relied on people who believed in independent thought, who believed in fidelity to the constitution and precedent and shared my deep passion for the law and court reform to help me obtain positions where I could make a difference.”

Candidates for Ohio Supreme Court run in partisan primaries, where their party affiliations are disclosed on the ballot. But general elections are nonpartisan contests, with no party affiliations noted.

Earlier this year, the Ohio Supreme Court changed the rules to allow candidates to disclose their party labels as part of their campaign activities. The Ohio Democratic Party is involved in pending litigation seeking to allow the same on election ballots.

Though not commenting on the specifics of that case, Trapp and Lanzinger took different approaches in response to a City Club question on the issue.

Trapp said party labels provide details for voters to make more informed decisions.

But Lanzinger countered that party labels are irrelevant once justices put on their robes to decide cases.

Trapp and Lanzinger also took different approaches to questions about whether judges should be elected, as they are in Ohio, or appointed, as they are in some other states.

Trapp said using a merit selection and retention process appears to take some of the politics out of the process. But she added that there is a bigger issue involved — campaign finances and the perception that contributions can shape decisions.

“Unless you take the money out of judicial elections, you are going to have the same problems,” she said.

Lanzinger said she is open to considering a merit selection and retention basis for judicial seats, but such a move would require Ohio voters’ approval, since the current system is spelled out in the constitution. And voters have twice rejected changing the system.