In announcing his decision in May to recuse himself from the Thomas Noe "Coingate" case, Ohio Supreme Court Chief Justice Thomas J. Moyer said: "It is not necessary for a judge to recuse himself just because an attorney or party has contributed to his campaign. However, this is a highprofile case with political implications and with potential personal consequences for the campaign contributor in question."

As he stated in his recent Forum column, however, the chief justice refused to recuse himself in the FirstEnergy rate case now at the Ohio Supreme Court. Voters and electric ratepayers have to wonder what standard Moyer and the other four justices who took campaign contributions from FirstEnergy are using to make their decisions.

Let’s apply the chief justice’s own standard in Coingate to the FirstEnergy case pending at the Supreme Court.

Is the case high-profile? No doubt about it. FirstEnergy’s actions have been the focus of national attention twice in the last three years, with the near-nuclear disaster at Davis-Besse and with the largest blackout in U.S. history. At stake in the case pending at the Ohio Supreme Court is at least $1 billion in rate increases for residential customers in northern Ohio, including $15 to $20 a month for three years for every residential customer of FirstEnergy and thousands of dollars for manufacturers and other businesses.

Does it have political implications? Absolutely. FirstEnergy fills the coffers of politicians at all levels of government and is obviously seeking to influence their decisions.

Finally, does this case have potential personal consequences for the campaign contributor in question? You bet it does. FirstEnergy CEO Anthony Alexander is compensated based on his company’s bottom line and the value of the stock.

On Aug. 6, 2004, two days after an Ohio Supreme Court case on FirstEnergy’s rate-increase request became inevitable, Alexander hosted a fundraiser for several Ohio Supreme Court candidates, including sitting justices, at his own home. At least two justices, including Moyer, were reported in attendance. This event alone raised at least $40,500, which immediately poured into Ohio Supreme Court candidates’ treasuries.

It’s time to stop the absurd system of allowing parties in cases to contribute directly to judicial campaigns. The chief justice and four other justices should have recused themselves, and the FirstEnergy case should become the poster child for public financing for judicial candidates in Ohio.

Sandy Buchanan
Executive director
Ohio Citizen Action
Cleveland