Cupp won’t seek soon-to-be vacant top court seat

November 16, 2012 at 1:51p.m.

COLUMBUS

Outgoing Ohio Supreme Court Justice Robert Cupp will not throw his name into the hat among potential appointees for a soon-to-be-vacant seat on the state’s high court.

Cupp, who lost his bid for reelection this month to Democrat Bill O’Neill, said in a released statement Friday that he would not seek retiring Justice Evelyn Lundberg Stratton’s seat. Gov. John Kasich is expected to name a replacement for the latter, who intends to leave the bench before year’s end.

“During the remaining weeks of my term of office, however, the court will be deciding a number of cases to which the state of Ohio is a party or in which the decision of the Court will have significant policy or political impact,” Cupp said. “To avoid any appearance that my decision in such cases may be influenced by a desire to be appointed by the governor to fill the vacancy, and to best serve public confidence in the independence of the Supreme Court, I will not apply for the governor’s appointment to that position. The remaining few weeks of my term will be used to finish pending court cases that must be completed before the end of the year.”

Cupp was one of two seated justices who fell to challengers in this month’s general election. Democrat Yvette McGee Brown, appointed by former Gov. Ted Strickland in his final days in office, lost to common pleas Judge Sharon Kennedy.

Stratton, who has served on the high court since 1996, announced her retirement earlier this year. Cupp said Friday that he has been encouraged to apply for the seat, but he made it clear that he would not pursue that course.

“At the appropriate time, other opportunities to use my experience gained in over 30 years of legislative, executive, and judicial service will be explored,” he said.