Dayton attorney drops out of judge race: Opponent claims he ran to help incumbent

Credit: DaytonDailyNews

Local attorney Michael Wright this week told the Dayton Daily News that he is dropping out of the Democratic primary for Montgomery County Probate Court judge, just days after this news outlet asked for an interview to discuss his motivations for running.

Wright filed with the Montgomery County Board of Elections last month to face attorney Cassandra Rice in the Democratic primary in May.

Last week, Rice told the Dayton Daily News she believes Wright only joined the race to help his friend Judge David Brannon — the Republican incumbent — win reelection.

“He’s being loyal. He’s trying to protect his friend. He’s trying to manipulate voters,” Rice said.

Asked for an interview about why he’s running, Wright responded with a statement to the Dayton Daily News Monday saying he decided to withdraw from the contest out of respect for his clients and the professional obligations he has to them.

“After careful consideration, I recognize that I am currently representing a number of families whose matters may not be concluded by the time the election occurs, and I would be required to assume the bench as Montgomery County Probate Judge if elected,” he wrote, later adding that he strongly commends the improvements Judge Brannon has made to probate court.

Dayton area attorney Michael Wright talks during a news conference on Thursday, July 24 at Wright and Schulte's office in downtown Dayton. He said he is  launching an independent investigation into the reported death of Hershall Creachbaum Jr. at the behest of the boy’s estate. BRYANT BILLING / STAFF

Credit: Bryant Billing

icon to expand image

Credit: Bryant Billing

Asked for comment about Wright’s withdrawal from the race, Rice said it’s “in the best interests of Montgomery County voters.”

“What still concerns me is my opponent’s collaborative effort, with Mr. Wright, to attempt to undermine the democratic process in Montgomery County,” she said. “The voters deserve better.”

Judge Brannon on Tuesday told the Dayton Daily News that he cannot comment on the positions or views of his opponents because of the cannons of judicial conduct and ethical rules.

“I’ll let you go to them and let them answer for themselves,” he said. “My gameplan, quite honestly, is to stick to the positive message about the good things we’re doing at my court.”

Background

Rice, an attorney with the firm Foos & Lentz, said in a recent interview that she decided to challenge Judge Brannon in the upcoming election because there have been troubling delays and other problems at probate court in the last couple of years.

Rice said she met with Wright earlier this year, and he told her he did not want to be a judge. But shortly after that meeting, he filed petitions to face her in the Democratic primary.

Rice said she thinks Wright was hoping to defeat her in the primary election, and then he most likely would choose to drop out before the general election.

Cassandra Rice, an attorney with Foos & Lentz, is running for the Montgomery County Probate Court judge seat. CORNELIUS FROLIK / STAFF

icon to expand image

If that were to happen, the Democratic Party would get to choose his replacement on the ballot. But Rice said by that point the replacement candidate would have little time and opportunity to knock doors and wage an effective campaign to try to win over voters ahead of the general election.

If Wright stayed in the race and prevailed in the general election, he could step down and the governor would get to choose a replacement, Rice said.

Wright has significant name recognition in the Dayton region partly because his firm frequently runs local ads and puts up billboards. Wright also has been legal counsel on some very high-profile cases, including the Dakota Collins wrongful death lawsuit.

Brannon was elected probate judge in November 2020 in a landslide victory over Arvin Miller. Brannon received about 60% of the vote.

Brannon touted his accomplishments in office in his interview with the Dayton Daily News. Brannon said the probate court is building out a resource center to improve accessibility for the public.

He said the court has created an assisted outpatient treatment program that essentially is a special docket that serves people with mental illness. He also said the court has made a big push to update technology, including the electronic filing system.

Montgomery County Probate Court Judge David Brannon. STAFF

Credit: JIM NOELKER

icon to expand image

Credit: JIM NOELKER

In the weeks leading up to Election Day in 2020, Brannon posted multiple videos and photographs of himself with Wright on his Facebook page. In one video, Wright says into the camera, “I think David will make a great probate judge because he cares. Dave Brannon cares for the little guy.”

In another video posted on the Brannon’s campaign Facebook page, Wright says, “He wants to do the right thing. He wants to make sure that the law is followed and that the law is applied fairly and equally to every individual.” Messages at the end of the videos say they were paid for by the Committee to Elect David Brannon.

A couple of days before the 2020 general election, Wright on his own Facebook page posted photos of Brannon and election materials promoting his candidacy.

Brannon recently told the Dayton Daily News he looks forward to a “spirited campaign” no matter who he competes against in November. He is running unopposed in the Republican primary.

About the Author