Fischer has edge in race for state Supreme Court

It has been more than 20 years since Republican voters in Ohio were given a choice in selecting the party’s nominee for Supreme Court, which explains the keen interest today in a contested primary race.

There are two sitting appeals court judges with different but legitimate paths to the bench who are vying for the nomination in the March 15 GOP primary. Judge Colleen O’Toole has served on the 11th District Court of Appeals in Warren for nine years. Judge Patrick Fischer has been on the 1st District Court of Appeals in Cincinnati for six years.

It’s not often that voters are presented with two contenders who by virtue of their appeals court tenures are familiar the workings of the Supreme Court. In the past, high court aspirants have come from the lower courts, or even without experience on the bench.

We, therefore, are encouraged by the judicial caliber of O’Toole and Fischer.

Granted, an hour-long interview with each of them, bolstered by a review of their resumes and campaign literature, may not seem like much. However, Editorial Board questions are designed to reveal the temperament and intellectual capacity of the candidates. In that regard, they both came across well.

Thus, we are left with the question that many primary voters are undoubtedly asking themselves: How do you decide who should be given the advantage in this race?

The answer does not lie in the interparty war now being waged. Fischer was endorsed by the Ohio Republican Party, while O’Toole did not seek the endorsement. So, it isn’t surprising that Republican Party leaders are getting involved in the race.

We believe a better guide would be the ratings issued by the Ohio Bar Association’s Commission on Judicial Candidates of O’Toole and Fischer, as well as the other candidates for the Supreme Court this year.

The 25-member commission, chaired by the past president of the bar association, Jonathan Hollingsworth, rated Fischer as “highly recommended” but gave O’Toole a “not recommended” rating.

rounding out the list

Others on the list who do not have primary opposition: Chief Justice Maureen O’Connor, Republican, “highly recommended”; Judge R. Patrick DeWine, Republican, “not recommended”; Judge John P. O’Donnell, Democrat, “recommended”; Judge Cynthia Westcott Rice, Democrat, “highly recommended”.

While we believe that the bar association rating for Fischer does give him the edge over O’Toole, we are hard-pressed to understand why she fared so poorly. In our interview with her, she dealt with the issues – as much as she could within the strictures of the judicial canons – in a knowledgeable, straightforward manner.

We were particularly impressed with her commitment to transparency and openness and her contention that judicial candidates should be allowed greater freedom in expressing their views on important issues.

Transparency and openness are articles of faith for journalists, and we have long bemoaned the fact that the judiciary is less open than other branches of government.

That said, the bar association ratings do put the race in a different context when it comes to making a decision. Voters faced with two candidates who are not only qualified, but clearly articulate their reasons for wanting to serve on the Supreme Court may refer to the Ohio Bar Association’s evaluation for guidance.

In that regard, Judge Fischer has the advantage. It is noteworthy that he is the former president of the Ohio Bar Association and the Cincinnati Bar Association.

One of the main planks of his platform is to eliminate waste by not accepting unnecessary services or items that the state may offer to perform his duties.

And what should be music to the ears of technologically savvy lawyers, Fischer believes Supreme Court justices should use electronic gadgets, such as iPads, to access cases and briefs. Justices now deal with reams of paper.

The winner of the primary will face Democrat O’Donnell, a Cuyahoga County Common Pleas Court judge, in the November general election.

Chief Justice O’Connor is unopposed for re-election; Judge Rice, who serves on the 11th District appeals court, will take on Judge DeWine of the 1st District Court of Appeals.