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Judge Evans’ retirement delay keeps successor in for 2-plus years
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Evans
YOUNGSTOWN
Judge James C. Evans of Mahoning County Common Pleas Court postponed his retirement by a month, just enough time to eliminate a special election for the two-plus years remaining on his term.
Judge Evans moved his retirement from Sept. 1 to Oct. 1, saying Thursday that the timing of his departure has nothing do with a Nov. 4 election for his seat.
He declined to elaborate on his reasoning for postponing his departure one month.
“It’s a very personal thing that I have explained to the [Ohio] Supreme Court,” he said.
However, in a Wednesday letter to Chief Justice Maureen O’Connor, obtained by The Vindicator, Judge Evans states the election was a factor in his decision to postpone his retirement.
Delaying his retirement by a month “will allow my successor as appointed by Gov. [John] Kasich to have an extended period of time in office while completing my current term before having to run in the general election,” the judge wrote.
Judge Evans’ original Sept. 1 retirement date was more than 40 days before the Nov. 4 general election, meaning Kasich, a Republican, could appoint an interim replacement to serve until the certification of the election.
Any vacancy at least 40 days before the next general election in an even-numbered year for a common pleas judge seat requires a special election.
Any vacancy less than 40 days before the general election in a similar scenario calls for the governor’s appointment to fill out the remainder of the unexpired term.
Judge Evans, a Democrat, moving his retirement to Oct. 1, 35 days before the upcoming election, means whoever Kasich selects will fill out the rest of the term, which expires Dec. 31, 2016. The next general election for this seat would be in November 2016.
County Democratic Party Chairman David Betras is unhappy that Judge Evans changed his retirement date.
“It seems to me the voters in Mahoning County have been denied the opportunity to pick who their judge is,” he said. “It’s not Judge Evans’ seat. It’s not the governor’s seat. It belongs to the voters. By five days, Judge Evans has denied the people the opportunity to say who is their judge. It’s sad. There’s nothing I can do about it.”
Betras said the judge called him to inform him of his decision.
“I expressed my disappointment,” Betras said. “When I mentioned that he wasn’t letting voters decide, he said the voters will eventually pick a judge in 2016.”
Mahoning Republicans recommended last month that Kasich choose among three to replace Judge Evans. The three are Anthony M. D’Apolito, a county juvenile court magistrate and son of Judge Lou D’Apolito of common pleas court; Shirley Christian, an attorney with Harrington, Hoppe & Mitchell; and Robert J. Andrews, a county assistant prosecutor.
D’Apolito and Andrews were to seek the Democratic appointment at an Aug. 9 meeting of precinct committee members, while Christian applied to be the county GOP’s choice in the Nov. 4 election, which will now not happen.
Kasich’s staff recently interviewed the three finalists. A decision was expected later this month, but Judge Evans’ postponed retirement could push that announcement to September.
D’Apolito was the front-runner to get the Democratic Party’s nomination, Betras said.
Judge Evans and D’Apolito’s father, a Democrat who also sits on the common pleas bench, have said they don’t have personal issues between them, but have both maligned each other. Judge Evans said in June, when he first announced his retirement, that Judge D’Apolito “couldn’t wait for me to retire to get his son into this seat.” Judge D’Apolito responded: “Boy, is he crazy. He seems angry with me.”
Anthony D’Apolito said he didn’t “want to speculate on the reason” why Judge Evans delayed his retirement.
As for getting the Republican governor’s appointment, he said, “I’m the most-qualified candidate, but I’m not naive to the politics of these appointments. I’m a realist,” and as the leading Democrat he believes he won’t get the appointment.
Christian, who is the likely front-runner for Kasich’s appointment, said, “Let the process play out. I trust the governor will make a good choice.”
Andrews couldn’t be reached Thursday by The Vindicator to comment.
Mahoning Republican Chairman Mark Munroe said he’s pleased with Judge Evans’ decision to postpone his retirement.
“Rather than force the candidates to run in such a compressed time, it provides a more reasonable time frame,” he said.
As for Betras’ statements about not allowing voters to decide on the next judge, Munroe said, “No one is trying to deny anyone’s right to vote. They’ll have that opportunity in 2016.”
In his letter to Chief Justice O’Connor, Judge Evans wrote: “With my involvement in continuing matters at the court and my wife’s current employment status, my retirement on Sept. 1, 2013 [sic] would allow too many issues to remain pending.”
But Judge Evans’ successor likely was to be appointed by the governor before his retirement date, and immediately take over. If that wasn’t the case, his replacement would have been selected days after the judge’s retirement.
Judge Evans said he has no preference as to whom the governor should appoint or avoid appointing for the balance of his term.
Contributor: Peter H. Milliken