The winner of the May 3 primary will face Democrat John Ebersole in November. The winner in the fall race will take the seat of Judge Robert Messham, who is retiring.
In addition to Miamisburg, the court’s jurisdiction includes Miami Twp., West Carrollton, Germantown and German Twp.
Messham told the Dayton Daily News that Miami Twp. Trustee Deborah Preston told him April 16 that if Kolberg did not withdraw from the race, Rettich would fire all current court employees once he is elected.
Preston also told Messham that, if he brokered the deal to get Kolberg out of the race, he would be allowed to serve as a visiting judge at the Miamisburg court after he retires, Messham said.
Messharm said Preston never mentioned Rettich’s name, but said, “Bob, I’m only the messenger.”
Messham said he relayed the message to Kolberg, who declined to withdraw.
“It doesn’t hurt my feelings,” Kolberg said. “I guess it’s going to get ugly because I’m not going anywhere. We’ll see what happens May 3.”
Preston, reached in Florida where she is on a mission trip, said she did have a conversation with Messham, but about her concerns that Messham and his wife, both Democrats, were interfering in a Republican primary. Sue Messham is Kolberg’s campaign chair.
Rettich said he did not tell Preston to issue a threat.
Rettich said he had no plans to fire all employees should he be elected.
“No one would do that,” Rettich said. “That wouldn’t be sensible.”
‘This cat is a Democrat’
Rettich has been a member of the bar since 1978, Kolberg since 1983. Ohio Supreme Court records list no discipline or sanction history for either.
Kolberg, who has served as magistrate at the court for 19 years and as an acting judge since 2002, was recommended over Rettich by the Montgomery County Republican Party Screening Committee in January.
But on April 14, the precinct captains in the court’s jurisdiction voted 23-4 to endorse Rettich.
Former Miami Twp. Trustee Dave Coffey, who is helping Kolberg’s campaign, said the April meeting was an “ambush.” Instead of focusing on judicial qualifications, Rettich supporters questioned Kolberg’s legitimacy as a Republican, Coffey said.
One of the precinct captains reportedly held up a picture of President Barack Obama and demanded to know if Kolberg had voted for him. Kolberg answered yes.
“It was bad,” Coffey said, adding that Kolberg became “rattled” and “he just didn’t come across well to the larger group.”
“For me, as a conservative, game over,” said Dayton Tea Party founder Rob Scott, who is advising Rettich’s campaign. “This cat is a Democrat.”
Scott pointed to campaign finance reports that showed Kolberg donated to the Montgomery County Democratic Party, giving $125 in April 2010 and $125 in March 2009. He also said voter records showed Kolberg voted in a Democratic primary in 2000.
“If you’re a Democrat, run in a Democratic primary,” Scott said. “Don’t pretend you’re a Republican. You’re not.”
County GOP precinct captain Don Culp said that judicial seats come open every 15 to 20 years.
“Is the Republican Party going to just hand that over to the Democrats?” Culp asked.
Kolberg said he didn’t see the point, since he is not a politician and partisan politics had no place on the bench.
But he said he was asked to run as a Republican before Rettich arose as a candidate.
“The Republican Party recruited me,” Kolberg said. “They asked me to run as a Republican.”
Ryan Colvin, a Miamisburg City Council member and bailiff for Montgomery County Common Pleas Judge Mary Katherine Huffman, said he was one of the four votes for Kolberg and that Kolberg’s past votes did not bother him.
“When it comes to judge’s races, I put politics aside,” Colvin said. “Kolberg far and away is a better choice. No disrespect to Mr. Rettich, but I believe Mr. Kolberg has the right credentials and overwhelmingly more experience.”
Rettich said that he was humbled by the decision to endorse him.
He also said that he had been a prosecutor, a defense attorney, and had served as an acting judge working under three Miamisburg Municipal Court judges.
“I’ve done everything in a courtroom but take the stenographic notes,” Rettich said.
Complaint could lead to another
On April 19, Rettich sent a complaint against Kolberg to the Ohio Supreme Court’s Board of Commissioners on Grievances and Discipline.
A copy of that complaint was also sent to the Dayton Daily News.
The complaint states that Kolberg had been claiming — on his website and elsewhere — that he had the party’s endorsement or recommendation. After he lost the April 14 vote, he changed the wording on his website to read “unanimously recommended by the Montgomery County Republican Party Screening Committee,” the complaint states.
“Mr. Kolberg knowingly and with disregard has communicated to the electorate untrue statements and facts that could bias the electorate,” the complaint states.
Chris Davey, spokesman for the Ohio Supreme Court, said he could not confirm or deny that the complaint had been filed. All complaints are confidential until the board decides there is probable cause to support the allegation, Davey said.
“Those types of complaints are confidential and by releasing it to the media, that in and of itself is a violation of the code,” Kolberg said.
Kolberg declined to say any more, noting “I’ve never even been served with it.”
But Coffey said that “clearly this is a violation that we plan to pursue.”
Rettich said he did not know who released the filing to the media.
But he said he was bothered by a letter to the editor, written by Kolberg’s treasurer, Lou Ann Bell, stating that Kolberg is “recommended by the Republican Party.” That letter was published in the Germantown Press on April 14.
“I just think you should tell the truth,” Rettich said.
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