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Kasich picks New Springfield attorney to replace Evans
YOUNGSTOWN
Atty. Shirley J. Christian — technically a Democrat, but who considers herself a Republican — is a common pleas court judge in waiting.
Gov. John Kasich, a Republican, announced Wednesday that Christian, of New Springfield, an attorney with Harrington, Hoppe & Mitchell, will succeed Judge James C. Evans of Mahoning County Common Pleas Court, a Democrat, on Oct. 2, a day after the judge’s retirement date.
Christian will serve the remainder of the outgoing judge’s term, which expires Dec. 31, 2016.
“I’m pleased to serve the people of Mahoning County as their newest common pleas judge,” Christian said. “As a lawyer who frequently appears in that court, I hold the position in high regard. I’m aware of the serious responsibilities of the position, and I’m willing to accept them.”
A county Republican Party committee recommended Kasich choose from among three candidates — Christian; Anthony M. D’Apolito of Poland, a county juvenile court magistrate and son of Judge Lou D’Apolito of common pleas court; and Robert J. Andrews of Boardman, a county assistant prosecutor. All three candidates are registered Democrats.
The county board of elections has Christian as a Democrat for voting in that party’s 2012 primary. She’s said she didn’t vote Democrat in that primary, however.
Records show she voted in the 2004 and 2010 Republican primaries.
Anthony D’Apolito, who planned to run as a Democrat for Judge Evans’ seat this year, said a month ago that he was “a realist” and as a Democrat he wouldn’t get Kasich’s appointment. “I’m not naive to the politics of these appointments.”
He said Wednesday, “At the end of the day, party affiliation meant more to the governor than qualifications. I’ve been a prosecutor, magistrate, solicitor, and that makes me perfect for the job.”
In response, Rob Nichols, Kasich’s spokesman, said about Mahoning County: “The most recent appointment [the governor] made in probate was unaffiliated [with a political party], so the concept of partisanship in the judicial selection by the governor doesn’t hold any water whatsoever.”
He was referring to Kasich’s June 17 appointment of Robert Rusu Jr., an independent. The two other finalists for that job were a registered Democrat and another independent.
Mahoning Republican Chairman Mark Munroe said, “The governor has once again made an outstanding selection. With the appointment of Shirley Christian, Gov. Kasich has again chosen the best person to serve as judge. The [local GOP] committee felt Shirley Christian’s credentials and experience made her head and shoulders above the other two candidates.”
When asked if politics played a factor in selecting Christian, Munroe said, “With the latest round of indictments of [Democratic] public officials, we’re reminded again of the importance of finding and supporting the best candidates for office. Shirley Christian fills that role perfectly.”
David Betras, the county’s Democratic Party chairman, said, “It is a political appointment, so of course politics plays a major factor. It’s nothing against Shirley Christian.”
Instead, Betras vented his frustration against Judge Evans.
The judge postponed his retirement from this upcoming Monday to Oct. 1. By doing so, the timing of his departure eliminated an election in November for his unexpired term under state law. Judge Evans wrote in a July 30 letter to Ohio Supreme Court Chief Justice Maureen O’Connor that delaying his retirement would “allow my successor as appointed by Gov. Kasich to have an extended period of time in office while completing my current term before having to run in the general election.”
Betras said he was “still wildly disappointed in Judge Evans. He denied the voters of Mahoning County the right to choose their judge. It’s the people’s choice and not the judge’s choice. Judge Evans single-handedly gave that pick to John Kasich and has denied the voters the right to vote for their judge.”
D’Apolito added: “The only consolation is in two years, the people of Mahoning County and not a person in Columbus will get to pick their judge.”
Judge Evans and D’Apolito’s father, a Democrat who also sits on the common pleas bench, exchanged criticism of each other in mid-June when the former first announced his retirement.