11/08/02

Columbus- The way Ohio Supreme Court justices are elected is an embarrassment to the state and a discredit to the independence of the courts, Ohio's top judge said yesterday.

To begin changing the selection system, Thomas Moyer, chief justice of the Supreme Court, proposed a one-day forum in January for lawmakers, businesses, public interest groups, lawyers and labor.

A start would be to extend Supreme Court and other appellate judges' terms from six to eight years to foster independence, reduce the frequency of fund raising and increase the number of qualified potential candidates, Moyer said.

In a speech to the Retail Merchants Association, Moyer said he was "outraged" by the spate of harsh, negative advertising paid for by five business, labor and attorney interest groups on behalf of one candidate or another.

For instance, one ad suggesting a judicial candidate disliked frivolous lawsuits spoofed lawyers who would sue for a woman who nuked her poodle in a microwave. Another suggested a judicial candidate supports business interests over women with cancer.

"We have been subjected to the dark side of democracy," Moyer said. "The message is a direct attack on our courts. We are telling people that we don't expect judges to be fair and impartial."

Moyer said these groups are using the justice system as a playground for clever media spinners. He singled out the involvement of lawyers in "some of the worst" negative ads.

Trial lawyers and labor backed two independent campaigns that targeted Republican incumbent Justice Evelyn Lundberg Stratton, who defeated Democrat Janet Burnside, a Cuyahoga County Common Pleas judge.

Those ads were not meant to criticize Stratton but to point out her voting record, said Richard Mason, executive director of the Ohio Academy of Trial Lawyers.

So-called independent issue advocacy groups can shield their donors from public scrutiny and use candidates' names in "educational" commercials as long as the ads don't tell viewers to vote for or against a candidate.

Moyer has already sought legislation to require financial disclosure for these groups, and he suggested a commission be formed to examine how other states elect judges. Lawmakers have not reacted.

"My sense is today there is more interest in pursuing an earnest discussion of the issue than there has been in many years," Moyer said.

Moyer stopped short of calling for merit selection yesterday.

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