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Ellen Belcher is the Dayton Daily News opinion pages editor. She writes about state government, education, the environment, higher education and all things Dayton.
Martin Gottlieb is an editorial writer and columnist for the Dayton Daily News opinion pages. He focuses on the political process itself and does such national issues as war, the economy, taxes and Social Security, as well as a hodge-podge of local and state issues.Home > Blogs > A Matter of Opinion > Archives > 2010 > April > 09 > Entry
Editorial: Promote Judge Hall to higher court
2010 ELECTION
In the May 4 primary, voters across most of the Miami Valley will confront a vacancy on the court that is below the Ohio Supreme Court and above county courts of “common pleas.” Veteran Judge Jim Brogan is retiring after a long and distinguished career, having become the senior appellate judge in the state.
Oddly, no Democrat is seeking the job on the 2nd District Court of Appeals, though Democrats have dominated the court. It’s a tough race to run, involving six counties (Montgomery, Greene, Miami, Clark, Darke and Champaign). Established judges at lower levels this year are apparently content to stay put.
A lot of judicial seats go uncontested, but that’s usually because there’s an incumbent who nobody finds major fault with. In the case of open seats, it’s more rare.
One reason for the lack of Democratic interest in this seat seems to be that Montgomery County Common Pleas Judge Michael Hall, a Republican, made his interest known last year. He is respected in the tightly knit judicial community, having been elected administrative judge for the common pleas courts even though most of the other judges are Democrats.
Some might remember that he handled the high-profile case involving Erica Baker, the little Kettering girl who disappeared.
There’s been speculation that the Republican and Democratic parties made a deal: nobody would run against Judge Hall if nobody ran against Democrat Connie Price, who is seeking election to her common pleas seat after being appointed by Gov. Ted Strickland. However, it’s not true. Opponents just didn’t materialize.
Nevertheless, there is a contest for the appellate seat. It’s in the Republican primary. Greene County Chief Magistrate George B. Reynolds is also running. He ran last time, when Democrat Jeffrey Froelich was elected.
Mr. Reynolds has been chief magistrate since 2004. He hears some cases and motions for common pleas judges and writes his conclusions. (A magistrate cannot handle motions, trials or sentencing in felony criminal cases.)
Before becoming a magistrate in 2001, he had a respectable career as, among other things, an attorney for NATO. He’s an Annapolis grad.
Intense about the intricacies of the law, he might be well suited to the appellate bench, which is about interpreting the law and writing opinions, rather than running trials. He’d like to use a spot on the court to push for public defenders for people involved in civil trials — including foreclosures — not just criminal ones.
Finding philosophical differences between judicial candidates who haven’t done appellate work before is not easy. One clue: when asked to name a jurist he admires, Mr. Reynolds named Justice Paul Pfeifer, the liberal Republican on the Ohio Supreme Court.
Judge Hall named the more conservative Chief Justice Tom Moyer. (This was before Chief Moyer died last week.)
Both candidates are in the judicial mainstream. Neither presents himself as at odds with the current appellate court, which has a somewhat liberal reputation, as well as a reputation for competence.
Judge Hall is the more prudent choice. He has developed a fine reputation in a more visible, more responsible position.
This is one primary that isn’t really a primary. It’s the election, because whoever wins will be the new appellate judge.
(Letters of recommendation submitted by the candidates are here.
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