Actual race for appeals court will unfold in fall campaign

There are two names on the May 6 Democratic ballot for the 7th District Court of Appeals seat (Feb. 9, 2015, term), but only one is deserving of serious consideration: Atty. Anthony Donofrio.

Donofrio is the deputy law director for the city of Youngstown and is the Mahoning County Democratic Party’s endorsed candidate.

The other name should not even be on the ballot, but nonpayment of taxes is not a disqualifier under state law for those seeking or holding public office.

Thus, Atty. David Engler, a member of the Mahoning County Educational Service Center board, is running for the Democratic Party nomination — despite his owing $161,000 in back taxes to the Internal Revenue Service. The federal government has placed liens on his property.

In December and again in February, we made it clear in this space that nonpayment of taxes is a disqualifier for public office.

“ … nonpayment of taxes is tantamount to cheating the United States of America,” we said in an editorial in February when we took Engler and then county Probate Judge Mark Belinky to task for being tax scofflaws.

Belinky, who has resigned in the midst of a state criminal investigation that centers on his campaign for office in 2008 and his tenure in the court, has an IRS lien on his home for owing $32,000 in income taxes from 2008 and 2009.

Last year, he had his paycheck — he earned $105,000 a year — garnished because of $20,000 he owed on a loan from 2008 plus more than $7,000 interest.

Belinky’s departure has spared the community the embarrassment that comes with an officeholder being investigated for money laundering, theft and bribery.

Engler’s presence in the race for the 7th District Court of Appeals seat being vacated by Judge Joseph J. Vukovich is a reminder that the bar for seeking judicial office is not exceptionally high.

Thus, the spotlight is on Donofrio’s candidacy. He has not held elected office, nor has he run for election prior to this race.

His claim to fame may well be his brother, Gene, who is currently on the court of appeals, and their father, Joseph, who served for many years on the appeals court.

Engler has made much of the fact that if Anthony Donofrio is successful, there would be two brothers on the court and that could complicate the administration of justice. He contends that the brothers would, in all probability, think alike on cases before the court, which would pose obvious problems.

But Donofrio insists that he’s his own man and will not follow his brother blindly when it comes to reading of the law.

Reviews rulings

This race has become less about qualifications and experience to serve on a court that reviews rulings of lower courts and more about personalities.

Given that Democratic voters on May 6 will be nominating their candidate for the appeals court seat, we believe they have only one choice, Donofrio — based on our standard for holding public office.

The November general election campaign will give the electorate the opportunity to compare the Democratic and Republican nominees with regard to their preparedness to serve on the bench and their fitness for office.

The Republican candidate is Judge Carol Ann Robb of the Columbiana County Municipal Court. Robb is unopposed in next month’s primary election.