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Valley-based judge plans run for supreme court without GOP support
COLUMBUS
An Ohio Republican screening committee recommended the party’s state central committee endorse a Hamilton County-based judge for an open seat on the state Supreme Court over Judge Mary DeGenaro of Poland, who is on the 7th District Court of Appeals, and Judge Colleen Mary O’Toole of the Warren-based 11th District Court of Appeals.
While Judge DeGenaro accepts the decision, Judge O’Toole, of Concord in Lake County, plans to run in the March 2016 primary. If she does, it will be the first time since 1992 that the Republicans have had a primary for a Supreme Court position.
The state central committee is meeting Sept. 18 in Columbus to vote on the recommendations of a screening committee that selected Judge Pat Fischer of the 1st District Court of Appeals in Hamilton County for the high-court seat held by Justice Judith Lanzinger, who cannot seek re-election next year because of the state’s age restrictions on judges.
The committee also invited Judges DeGenaro and O’Toole to interview for the position.
“The committee members were purposeful in their work, and the process was both fair and transparent,” Ohio Republican Party Chairman Matt Borges wrote in an email to the state committee and other prominent Republicans.
In the letter, Borges wrote Judge Fischer “overwhelmingly received that recommendation from our screening committee, and I will be asking our [state central] committee for endorsement of his candidacy.”
Also getting the screening committee’s support were Chief Justice Maureen O’Connor for re-election and Judge Pat DeWine of the 1st District Court of Appeals for the seat currently held by Justice Paul Pfeifer, who also is retiring at the end of his term because of the state’s age restrictions. Both were the only candidates to screen for those positions.
Judge O’Toole said she will ask the state central committee at the Sept. 18 meeting to not endorse Judge Fischer as she plans to run in the Republican primary.
“Like our presidential race, we trust the Republican voters to pick their candidates and anticipate it would be the same for this open seat on the court,” Judge O’Toole said. “I intend to put my name on the ballot. We’ve collected a lot of signatures, and I have plenty to place my name on the ballot.”
She said that some members of the party’s leadership want a “coronation” for Judge Fischer, but “there should be an even playing field” for the seat.
Judge O’Toole is suing Chief Justice O’Connor in federal court, wanting to overturn a state rule that allows judicial candidates to begin raising money for campaigns no earlier than 120 days before a primary. O’Toole also asked for an injunction to stop the state from enforcing the law.
In his letter, Borges praised Judge DeGenaro as “a Republican who consistently wins in a Democratic area of the state and has pledged not to challenge the party’s endorsement. I thank her for putting her own interest aside for now. She will make an excellent candidate in the future when that opportunity arises.”
There are two open seats on the Supreme Court in 2018 because the incumbents have to retired because of their age. Judges in Ohio may finish their term during which they turn 70, but cannot run after reaching that age.
Judge DeGenaro is seen as a potential 2018 high-court candidate, and said, “I’m keeping my options open. I’ve been encouraged to continue to think about a statewide run. 2018 is a long way away.”
When asked about Judge O’Toole’s plan to run in the primary, Judge DeGenaro declined to comment.
But she said, “I thought I was a qualified candidate and had something to bring to a statewide ticket. I thought the process was fair. You have to choose between qualified candidates. We were all asked if we would [enter the] primary [if you didn’t get the recommendation] and I said, ‘No.’ Those are the rules. I’m a judge, and I sit in judgment of people. What does it say about me as a judge if I don’t follow the rules? We have rules to follow that I’m not going to ignore and do what I perceive to be in my best interest.”
Judge O’Toole said she informed the screening committee members she would run regardless of their decision.
On the Democratic side for 2016, Judge John O’Donnell, who lost a 2014 Supreme Court race while getting 44 percent of the vote total, plans to run again next year.
Ohio Democratic Party Chairman David Pepper said, “We are talking to other candidates. It’s a good opportunity with two open seats. We’ll have our own screening process. There’s no time frame, but it will be done soon. The party hasn’t succeeded in Supreme Court races, and we’ve struggled to recruit. But we expect to have strong candidates for next year.”