November 23 2009 at 03:40 PM

Forum stakeholders agree appointing Ohio justices is best option

Filed in: Election Law & Voting Rights | Judicial Independence | News | Ohio
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A two-day conference on amending the Ohio Constitution’s current Supreme Court Justice election system came to the conclusion that a new system where Justices are appointed and later stand for a retention election is the best option.


Ohio Chief Justice Thomas J. Moyer, the Ohio State Bar Association and the League of Women Voters of Ohio Education Fund — a Midwest Democracy Network partner organization — sponsored the summit, called “A Forum on Judicial Selection: A Time for Action.” Based on input by stakeholders, experts and interest groups, the conveners agreed an appointive-retention system would best suit Ohio Supreme Court elections.


“What we learned these two days is that we can do better in Ohio,” said Chief Justice Moyer. “In the coming weeks, we will be preparing a report that will offer a specific recommendation for reforming the process for selecting Supreme Court Justices.”

 

According to the Cleveland Plain Dealer, Moyer has spent the past several years trying to implement campaign finance regulations on the court.

Specifics have yet to develop, but current ideas for the plan include:

  • The appointment process will be open and transparent.
  • Any nominating commission will be representative of the diversity of Ohio’s population and will include multiple appointing authorities.
  • Some form of a public education component will be included.
  • Retention elections will ensure that voters still have a voice.

“The elements discussed today of an appointive-elective system will go a long way toward making the process more transparent and open,” said Meg Flack, president of the LWVOEF.

“These two days were an important first step toward addressing the public’s concern about the influence of campaign contributions on judicial decision making,” said OSBA President Barbara J. Howard.

 

Photo courtesy of Ohio Citizen Action Money in Politics Project
Bert Brandenburg from Justice at Stake, Chief Justice Thomas J. Moyer and Bill Weisenberg from the Ohio Bar Association at the Forum on Judicial Selection on Fri., Nov. 20.

 

Gov. Ted Strickland agreed for the need to remove special-interest money from influencing Ohio justices, but said it is still important for citizens to be involved in the selection process.

“No consensus exists that any one judicial selection system is inherently better than another,” said Strickland, according to the Toledo Blade. “Popular election of judges preserves the direct input of citizens in their government, but it invites the outside involvement of parties interested in particular results.”

He did express his concern over the $20 million spent by special interest groups since 2000 over Ohio’s Supreme Court Justice elections, however, and their ability to possibly hijack future elections.

Strickland’s current role as governor in selecting justices to fill vacancies utilizes a non-partisan panel that looks at the applicant’s background, ability to serve fairly, what diversity they can contribute and their ability to get re-elected. Strickland created the panel, the Ohio Judicial Appointments Recommendations Panel in January of 2007.

The forum was held from Nov. 19-20 at the Ohio Judicial Center and the Center of Science and Industry in Columbus. Support for the meeting was provided by The Joyce Foundation.

Other MDN partner organizations participating in the event included Ohio Citizen Action’s Money in Politics Project and the Justice at Stake Campaign. 

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