10/23/02

Columbus - Republican Ohio Attorney General Betty Montgomery, who argues regularly before the Ohio Supreme Court, is asking people to contribute to the re-election of a justice.

Montgomery sent a two-page letter Sept. 18, asking donors to contribute up to the maximum allowed $2,200 by the following week for the re-election of Republican incumbent Justice Evelyn Lundberg Stratton. Stratton is opposed by Democrat Janet Burnside, a Cuyahoga County Common Pleas Court judge.

Montgomery's term ends this year, but her fund raising troubled an author of a publication titled Judicial Conduct and Ethics. "The attorney general is putting the prestige of her office behind this and the attorney general knows full well her office is responsible for arguing many cases before the court," said Jeff Shaman, a DePaul University law professor.

Catherine Turcer, of Ohio Citizen Action, agreed.

"The candidate is using the attorney general as a mouthpiece," Turcer said. "If the campaign would do it directly, it would violate judicial ethical canons."

Stratton said Montgomery offered assistance. Gov. Bob Taft sent a nearly identical letter to potential donors on July 19.

"Everyone has the right to free speech," Stratton said. "The AFL-CIO and the trial lawyers have endorsed my opponents and they are plaintiffs in our court all the time."

In the letter, Montgomery says that Stratton, known as the "Velvet Hammer," has been rated the most "pro business" judge by the Ohio Chamber of Commerce.

The letter also points out that a slim majority of four other justices have consistently "nullified many pieces of legislation" in the past decade. "We have a chance to put an end to that practice on Nov. 5 by re-electing Justice Evelyn Stratton," the letter says.

A "personal reply form to Betty Montgomery" addressed to Stratton's campaign committee was included with the letter. It could not be determined yesterday who received the letters or how much was raised.

The letter was simply one Republican supporting another, said Eric Hardgrove, a campaign spokesman for Montgomery, who is running for state auditor.

"I don't think [Montgomery] views this as an issue of favoritism whatsoever," Hardgrove said. "She believes Eve to be a fine jurist and like anybody else she is raising money for the candidate she believes in."

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tcbrown@plaind.com, 1-800-228-8272