GOP Supreme Court candidate criticizes opponent
YOUNGSTOWN
Judge Colleen Mary O’Toole of the Warren-based 11th District Court of Appeals says her Republican primary opponent for an Ohio Supreme Court seat “has basically sold his soul to that party.”
Judge O’Toole of Concord Township is running against Judge Pat Fischer of Cincinnati, a member of the 1st District Court of Appeals, in the March 15 Republican primary.
Judge Fischer is endorsed by the state party while Judge O’Toole didn’t seek the endorsement. It’s the first contested Republican primary for a state Supreme Court seat since 1992.
Judge O’Toole said she didn’t seek the endorsement of the party or any statewide Republican officials because “I don’t want to owe them my job.” She also questions how Judge Fischer can be independent by accepting major contributions.
When asked to respond, Judge Fischer said, “I’d be the most independent person on the bench you’ve ever met. I take affront to that. Don’t take this wrong: I don’t have to have this job. I want this job. I can go back to practice now and make multiple times what I’m earning. I’m doing this for public service. I’m not one who needs a government job to survive.”
He added: “I owe myself to no one nor do I care to do that. Just because people support you doesn’t mean you owe them anything. ... No one controls me. That one bothers me. I’m really offended by that statement because it’s the opposite of what I stand for.”
Fischer said, “I enforce the law no matter how I feel about it. Politically, I’m conservative, but if a law is constitution, I’ll enforce it word for word even if I” disagree.
The winner faces Cuyahoga County Judge John P. O’Donnell of Cuyahoga County Common Pleas Court, a Democrat who unsuccessfully ran for a seat on the court two years ago against Justice Judi French, a Republican.
The seat is open because Justice Paul Pfeifer cannot seek re-election because of the state’s age restrictions on judges.
Judge O’Toole said she doesn’t need to raise more than $100,000 for the primary because “I have a good last name,” mentioning the success of women in state Supreme Court races and the “Irish factor,” meaning that candidates with Irish last names do well in elections.
“As Judge French proved the name-game doesn’t win,” Judge Fischer said. “Is that a reason to vote for someone for the Supreme Court because she’s got an Irish name?”
Judge Fischer was in private practice for 25 years in Cincinnati, but handling cases all over the country, before he won the election in 2010 for an unexpired term on the 1st District Court of Appeals. He was re-elected in 2012 to a full six-year term. He’s also a past president of the Ohio State Bar Association.
“I really believe I’m running for the right reason: to make our court system better,” he said. “With my experience as a lawyer across country, as a president of the bar association and as an appellate court judge for five years, I have a unique viewpoint.”
Judge O’Toole touts her experience including nine years on the court of appeals, a small business owner, a private-practice attorney, and working for the state public defenders’ office in Cuyahoga County as why she should be elected.
The state bar association “highly recommended” Judge Fischer while it lists Judge O’Toole as “not recommend.”
Judge Fischer also points out that the bar association of Lake County, where Judge O’Toole lives, also gave her a “not recommended.”
“Should that not raise a so-called red flag?” Judge Fischer said.