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Appointee, Mahoning judge vie for appeals judgeship
By JUSTIN DENNIS
YOUNGSTOWN
Judge David D’Apolito of Mahoning County Area Court in Austintown is seeking the 7th District Court of Appeals seat in November currently held by appointee Judge Kathleen Bartlett.
Republican Gov. John Kasich appointed Judge Bartlett, 50, of North Jackson to the bench in March, after former appellate judge Mary DeGenaro moved to the Ohio Supreme Court.
Judge Bartlett previously spent 12 years as a magistrate in Columbiana County and 22 years in the Leetonia Mayor’s Court, with 12 years in private law practice before her appointment.
“I have had the privilege of practicing law before really good judges,” she told The Vindicator. “I have also witnessed judges, lawyers, elected officials and prominent businessmen indicted, time after time, for corruption and wrongdoing.
“It is time to say, ‘enough is enough.’ We need judges with a strong moral compass and integrity beyond reproach.”
She told the newspaper’s Editorial Board in September she feels lower courts often make the “right” ruling, but she was unsure how many decisions she has overturned in her time on the bench.
Though Judge Bartlett is a registered Republican, she said she has worked toward a nonpartisan campaign and considers herself a moderate. “I don’t like labels,” she said. “I’m not far on either side.”
Judge D’Apolito of Canfield, related to county common pleas court judges Lou and Anthony D’Apolito, has nearly three decades as a practicing trial attorney under his belt, along with three years as a county court magistrate and 18 years on the county area court bench, which has some of the highest case volume in the state.
Judge D’Apolito has successfully run for the seat four times since 2000.
During an interview with the Editorial Board, he criticized Judge Bartlett for what he called a lack of judicial experience, adding her “quasi-judicial” magisterial decisions were still approved by a judge.
“I believe that the court of appeals is not an entry-level position,” he said. “It is imperative that the appellate judge have trial court judge experience to understand the dynamics of the trial. I want to give the people a choice as to whom should serve as judge of the 7th District Court of Appeals.”
Though there was an open petition process to fill Justice DeGenaro’s vacancy, the Democratic Judge D’Apolito said he did not throw his hat in the ring, as it was a Republican-made appointment. Also, his county court seat would have been filled, meaning he had more to lose with an unsuccessful November campaign.
The Youngstown-based 7th District court has jurisdiction over eight counties: Belmont, Carroll, Columbiana, Harrison, Jefferson, Mahoning, Monroe and Noble.
The court consists of four judges who are all elected by popular vote, serving terms of six years.