2/26/2004

Democrats, Republicans seek open Court of Appeals seat

Shannon Quinn
Daily Kent Stater

When Judge Robert A. Nader retired, he opened up a position on Ohio’s 11th District Court of Appeals bench. The March 2 primary election, Portage County voters will narrow down the number of candidates.

The 11th District Court of Appeals, located in Warren, hears all appealed trial cases in Lake, Geauga, Trumbull, Ashtabula and Portage counties.

Two Democrats and two Republicans are running in their respective primaries— aymond Tisone and Mary Jane Trapp are the Democrats and Paul Brickner and Colleen Mary O’Toole are up on the Republican side.

Requirements for running for appellate judge are the person must be an attorney who has practiced at least six years in Ohio.

Tisone said he’d like to bring a new perspective to the court.

“There’s no one at that table who represents ordinary people and protects their rights,” he said. “I think that’s an important perspective (to have) at that table.”

Tisone said judges need to understand that all people need their rights defended, not just those of a higher social economic status.

He said he’s seen in his 31 years of experience how some decisions have affected people when judges don’t protect everyone’s rights.

Tisone also said he has seen political attacks on judges in his 31 years of experience, and it’s something he’s concerned about because the appellate court is where judges determine the application of a law.

“It (Court of Appeals) is the one place to have an academic approach to the law,” he said.

Mary Jane Trapp, the second Democratic candidate, said she always wanted to be a judge ever since she was inspired by her grandpa.

“I believe a judge needs both life experience and law experience to be an efficient judge,” she said.

Trapp said she thinks it’s important for people to learn about the judge on the ballot before voting.

“They don’t know much about the candidates,” she said. “The Court of Appeals is a very important court. Judges affect their daily lives. People should know who they’re voting for.”

On the other side of the election, Republican candidate Colleen Mary O’Toole agreed with Trapp. If elected, O’Toole said she wants to put the court’s filing system online so citizens can be more aware.

“It lets people see what judges are doing,” she said of her yet-to-be implemented plan. “It would allow for more public scrutiny.”

O’Toole said some judges bring their political agendas into the courtroom.

She said each case should be based on its merit, adding that some judges base their decisions on what they think the law should be, not what it states.

“As a judge, you’re supposed to follow what the law says, not what you think it should say,” she said.

Republican candidate Paul Brickner agreed with O’Toole.

“For a judge, your only goal is to follow the law as written,” he said. “You need to strive to avoid judicial writing of the law.”

Brickner said he retired from his position of administrative law judge that dealt with social security issues Dec. 29 so he could run for the appellate court.

“I like appellate work,” he said. “I enjoy writing briefs and examining cases.”

E-mail: smquinn@kent.edu