A judicial conduct panel ruled this week that the primary election opponent of a local Municipal Court judge knowingly misrepresented himself in campaign materials.
The panel decided that retired appellate court judge William O’Neill from Cleveland left the impression that he is a current judge in a two-sided campaign card he distributed. In fact, O’Neill now works as an emergency room nurse at a hospital.
O’Neill and Hamilton County Municipal Court Judge Fanon Rucker are vying to be the Democratic Party’s nominee for the Ohio Supreme Court.
Whoever wins the March 6 primary election will face off against incumbent Justice Robert Cupp, a Republican, in the November general election.
The three-judge panel upheld the complaint filed by Richard Dove, secretary of the Ohio Supreme Court’s Board of Commissioners on Grievances and Discipline. The panel said O’Neill’s campaign card refers to him nine times as “judge,’’ while describing him as “former court of appeals judge’’ once.
“The fact that he is known as judge because of his tenure on the 11th District Court of Appeals and that as a retired judge he is known as a judge, he nevertheless as a judicial candidate is prohibited from using the term ‘judge’ before his name in campaign materials since he does not currently hold that office,’’ wrote Guernsey County Common Pleas Judge David Ellwood, who chaired the three-judge panel.
The panel recommended no discipline for O’Neill other than he stop distributing the card. A 5th District Court of Appeals judge must appoint a panel of five fellow appellate judges within the next week to consider the lower panel’s recommendations and make a final decision.
Rucker is the Ohio Democratic Party’s endorsed candidate, but O’Neil has twice before — in different races — had party leaders rescind an endorsement and give it to him.
O’Neill has run twice for the state Supreme Court — in 2004 and 2006 — and then Congress in 2008 and 2010. Although he has won in the primaries, O’Neill has lost in the general elections.
Local Democratic Party leaders are criticizing O’Neill, stating he is moving too slowly to remove misleading material from his campaign website.
“While Mr. O’Neill promised Monday to make the required corrections, as of this writing on Wednesday, Feb. 29, his website remains unchanged,” Hamilton County Democratic Party Chairman Tim Burke wrote in a statement issued Wednesday night.
“This is not the kind of conduct we as Democrats should condone by any of our candidates, especially candidates running for a seat on the highest court of our state,” Burke added. “Ohioans deserve a Supreme Court candidate who not only understands the law, but respects it as well.”
For more on the O’Neill/Rucker race, see this week’s issue of CityBeat.
Is it because he's tired of being on the losing side of debates? Is it because he doesn't have a party endorsement and also lost his base of conservative, West Side voters? Is it because the boss at his day job with the Bengals is tired of all the negative publicity?
Whatever the reason, Cincinnati voters won't have City Councilman Jeff Berding to kick around any longer. Like Alaska Gov. Sarah Palin, Berding has chosen to quit the political game before his current term expires.
Chris Seelbach, a first-time candidate for Cincinnati City Council, has won an endorsement from the Gay & Lesbian Victory Fund, a national group that could provide a boost in campaign fundraising.
Founded in 1991, the Victory Fund provides strategic, technical and financial support to openly gay and lesbian candidates across the United States, helping them win elections at local, state and federal levels. Most recently, the organization helped elect Mayor Anise Parker of Houston, Texas, the fourth-largest city in the nation.
A Democrat who was challenging Hamilton County Commissioner Greg Hartmann in this fall’s election has left the race due to work commitments.
Greg Harris, a West Sider who is a former Cincinnati city councilman, said Monday night that a contract awarded to his educational consulting firm means he will be spending a large amount of time outside of the region. Harris’ firm, New Governance Group, recently was awarded a major contract with a nonprofit group in Delaware that seeks to improve public education in that state.
“When I filed (to run for commissioner), I filed in all sincerity,” Harris said. “It was before I got this contract.”
He added, “I feel bad. This was a race I really wanted to run in, but with all the traveling, I’m not equipped to give it the time it deserves.”
Harris, 40, announced his candidacy in early December, when he filed paperwork to run against Hartmann, a Republican incumbent who is seeking his second term.
The Hamilton County Democratic Party now will be able to select a replacement for Harris on the Nov. 6 ballot.
Harris was appointed in January 2009 to Cincinnati City Council to fill the unexpired term of John Cranley, who was facing term limits. But Harris lost in an election that November, finishing 10th in balloting for the nine-member group, missing the final spot by about 3,400 votes. During his brief term, Harris angered the city’s police and firefighter unions by suggesting changes that he said would improve efficiency and reduce costs.
Through his consulting firm, Harris had served as public policy advisor for Cincinnati-based KnowledgeWorks Foundation, a national education philanthropy that seeds educational practices and policy reforms.
An Illinois native, Harris moved to the region in 1993 to attend graduate school at Miami University in Oxford. He stayed here after graduation and served from 2000-05 as executive director of Citizens for Civic Renewal, a nonprofit public advocacy group that promotes good government, volunteerism and civic involvement.
Harris ran unsuccessfully as the Democratic challenger to U.S. Rep. Steve Chabot (R-Westwood) twice, in 2002 and 2004. He also was prepared to challenge Hartmann for the Hamilton County Commission seat in 2008 until Democratic Party leaders cut a deal with the GOP and asked Harris to step aside and let Hartmann run unopposed. A reluctant Harris complied.
UPDATE: Secretary of State Jon Husted said he will make a decision about what to do with the court's ruling after the weekend. It is possible Husted could decide to keep all polling booths closed on the three days. While the court ruling makes it so boards of election can't allow only military voters to vote on the weekend and Monday before Election Day, it does give boards of election the choice to close down on the three days. Husted could decide to open or close all boards of election on the days with uniform policy like he's done in the past. Such policy could eliminate those three voting days for everyone, including military voters.
The Republican-controlled state government appealed the original ruling after a federal judge ruled in favor of President Barack Obama's campaign and the Democrats and expanded in-person early voting to include the three extra days. The appeals court's ruling upholds the previous decision.
In the past few months, Republicans have insisted early voting should not be expanded further due to racial politics and cost concerns. That prompted Obama and the Democrats to take the state government to court, much to the dismay of local Republicans that voiced concerns about the lawsuit making voting lines too long for military voters.
With this appeal, Republicans are now running out of options for blocking expanded in-person early voting. Previously, Husted sent directives to county boards of election to not listen to the initial ruling, but Husted quickly backed down when the federal judge involved in the ruling called him to court.
“Dealing in this state, for example, you think so much about
the painful days in the deep South — the overt schemes to deny the right to
vote,” Jackson said on Tuesday, the last day to register to vote in Ohio.
“We saw Ohio as a kind of beacon of light, the beacon of hope once we ran across the river coming north. This year we’ve seen Ohio and Pennsylvania take the lead in trying to purge voters and suppress the vote to determine the outcome.”
Jackson’s comments came on the same day Ohio Secretary of State Jon Husted appealed to the U.S. Supreme Court the Six Circuit Court of Appeals’ decision to allow early in-person voting on the three days before Election Day.
The three days had previously only applied to military personnel and their families.
Republicans like Husted have cited cost as the reason to not allow in-person voting on the three days before the election. But in an Aug. 19 email to The Columbus Dispatch, Franklin County Republican Party chairman Doug Preisse said “I guess I really actually feel we shouldn’t contort the voting process to accommodate the urban — read African-American — voter-turnout machine.”
Pennsylvania, meanwhile, tried to require voters take a photo ID with them into the polls. A state judge blocked the law from going into effect for the 2012 election.
Jackson said restrictions as to who can vote when and where undermine the purpose of democracy.
“Open access, free, transparent voting makes democracy real,” he said.
Flanked by a tapestry portraying President Barack Obama, Jackson touted the president’s accomplishments in his first term and urged those assembled to give him a second.
Jackson was in Toledo Oct. 5 pushing early voting. He said he was in Cincinnati because “Ohio matters” and he saw it as a way to penetrate Appalachia because “poverty is not just a black problem.”
Republican presidential candidate Mitt Romney on Saturday laid out five steps that he said would have America “roaring back” during his first campaign stop since formally accepting the Republican nomination.
At Cincinnati's Union Terminal, Romney was joined on stage by his wife Anne, who spoke briefly, echoing her convention speech meant to humanize her husband.
He said his plan involved encouraging development in oil and coal, implementing a trade policy that favored American companies and not “cheaters” like China, making sure workers and students had skills to succeed in the coming century, reducing the deficit and encouraging small business growth.
“America is going to come roaring back,” Romney told the crowd of thousands packed inside Union Terminal.
Not everyone was so impressed with the GOP nominee’s promises.
About an hour after the Romney campaign event, Cincinnati Democratic leaders held a news conference to rebut the Republican’s speech.
“Much of his (Romney’s) speech was like his speech in Tampa, which is where Romney gave Cincinnatians nothing more than vague platitudes, false and misleading attacks without one single tangible idea on how to move forward,” said Democratic/Charterite Cincinnati City Councilwoman Yvette Simpson.
Simpson, along with Democratic Councilman Cecil Thomas and Bishop Bobby Hilton, attacked the tax plan put forward by Romney and his running mate, Wisconsin Rep. Paul Ryan. They said it would cut taxes for the richest Americans while raising taxes on the middle class by about $2,000 per household, citing an analysis from the nonpartisan Tax Policy Center.
“Mitt Romney’s plan would take Ohio and Cincinnati backwards, and we don’t have time to go backwards,” Hilton said.
Hilton credited Cincinnati’s revitalization and urban development in part on federal money obtained from Obama’s stimulus plan.
“We deserve better than this. We deserve better than Romney/Ryan,” he said.
Romney would have disagreed with Hilton’s assessment of Cincinnati’s growth. During his speech he praised Ohio Gov. John Kasich, crediting him with bringing jobs and businesses to the state.
Romney also took time to attack President Barack Obama’s record in office. The GOP nominee said in preparation for his convention speech he read many past convention speeches — including Obama’s.
“He was not one of the ones that I wanted to draw from, except I could not resist a couple of things he said, because he made a lot of promises,” Romney said. “And I noted that he didn't keep a lot of promises.”
Romney also criticized what he called the bitterness and divisiveness of Obama’s campaign, saying as president he would bring the country together. He mentioned the “patriotism and courage” of the late Neil Armstrong, who was honored in a private service in Cincinnati on Friday.
“I will do everything in my power to bring us together, because, united, America built the strongest economy in the history of the earth. United, we put Neil Armstrong on the moon. United, we faced down unspeakable darkness,” Romney said.
“United, our men and women in uniform continue to defend freedom today. I love those people who serve our great nation. This is a time for us to come together as a nation.”
The candidate’s remarks ignited the crowd of thousands, many of whom wore shirts with slogans like “Mr. President, I did build my business,” in response to a remark made by Obama about businesses being helped to grow by government contracts and infrastructure, and “Mitt 2012: At least he never ate dog meat,” referring to a passage in Obama’s 2008 memoir during which he recalls being fed dog meat as a boy in Indonesia.
Steve Heckman, a 62-year-old environmental consultant from Springfield, Ohio, said he voted for Obama in 2008 but will likely vote for Romney in this election.
He said he’d written “some pretty ugly stuff” about Romney in the past but felt jobs was the No. 1 issue and thought the Obama administration’s policies were sending them out of the country.
“The EPA (Environmental Protection Agency) has, to me, become a little too almost like a fringe group, putting so much pressure on businesses that they are moving to Canada,” Heckman said. “Things like air permits, the EPA is taking too long to issue them. It’s not just power plants they’re affecting, but all manufacturing.”
Heckman said he didn’t blame the president personally but thinks whoever he put in charge of the agency is being too strict.
“I grew up when the EPA was first put in place in the '70s, and they were, in my opinion, doing God’s work,” he said, citing the cleaning up of rivers such as the Cuyahoga near Cleveland, which famously caught fire because of pollution in 1969.
“I support the EPA, but it’s driving businesses out of here.”
Speaking ahead of Romney were U.S. House Speaker John Boehner, Sen. Rob Portman, U.S. Rep. Steve Chabot, Ohio treasurer and GOP senatorial candidate Josh Mandel and Republican U.S. House candidate for Ohio’s 2nd District, Brad Wenstrup.
“This election is all about changing Washington,” Mandel said. “The only way to change Washington is to change the people we send there.”
Some critics have alleged Congressman John Boehner (R-West Chester) doesn't pay enough attention to the needs of his district, a charge he flatly denies. But come Election Night, Boehner won't be celebrating (or drowning his sorrows) in Southwest Ohio.
The Ohio Democratic Party has filed a lawsuit against Gov. John Kasich — who they claim is improperly using his office to campaign for presumptive GOP presidential nominee Mitt Romney — to get the governor to release his schedule of public events.
The ODP’s lawsuit, filed Tuesday in the Franklin County Court of Common Pleas, contends that Kasich’s office either ignored or only partially fulfilled the request.
“It’s unfortunate that this Governor is so opposed to transparency and public disclosure that we have to ask the Court to force him to follow the law,” ODP Chairman Chris Redfern said in a statement.
“Serious questions remain regarding whether the Governor has improperly used his office for the benefit of Mitt Romney, and it’s deeply disappointing Kasich is so secretive he won’t even tell the public what he’s done or where he’s gone.”
Kasich press secretary Rob Nichols said the administration doesn’t comment on litigation, but dismissed the Ohio Democratic Party’s allegations.
“We release public records in accordance with the law, and in fact have already publicly released the governor’s schedule six times, including a schedule request to the ODP,” Nichols said.
“This is predictable election year politics from the same people who were just rebuked for using public records demands to interfere with the Auditor of State’s investigation into possible data manipulation in some school districts.”
Ohio Democratic Party spokesman Jerid Kurtz said Kasich’s office did respond to one of the seven requests for the schedule, but some of the information in the records was redacted — including an entire week that was blacked out with no explanation.
“Ohio law is very clear, and it states you have to give a specific excuse when you redact something,” Kurtz said.
According to the lawsuit and court documents, the ODP requested on July 2 Kasich’s public schedule from that date through Aug. 27.
According to a letter to the Ohio Democratic Party from Mehek M. Cook — assistant chief counsel to Kasich — the information about the governor's future plans was blacked out because that information could put him at risk.
“The governor and his office receive threats on any given day and the release of his whereabouts increases security issues surrounding the governor’s safety,” Cook wrote.
Cook wrote that any information in the records used by the Executive Protection Unit assigned to guard Kasich constitutes a security record and was redacted.
He also wrote that some information that would reveal confidential business meetings and trade secrets that would harm Ohio efforts to court businesses was blacked out. Additionally, information not relevant to the request was redacted.
Kurtz said it’s important that the public have access those schedules because voters have a right to know what their governor is doing on the public dime.
The schedules include where the governor is and with whom he meets, but they also show scheduled phone calls and media interviews.
The Ohio Democratic Party worries that Kasich is improperly campaigning for Romney while receiving a taxpayer-funded paycheck, or using public money to have his staff do so.
The concerns stem from statements made by Kasich both in public and on his Twitter account either praising the presumed Republican presidential nominee or slamming President Obama.
For instance, The Plain Dealer in Cleveland reported that when Obama visited Ohio on Aug. 1 the governor tweeted “On the occasion of the President's latest visit to Ohio, we have a question for him,” with a link to a graphic asking “If the President's policies are behind Ohio's success, why is the rest of the country trailing us?”
Democrats claim that Ohio’s success relative to the rest of the country are due to efforts by President Obama, while Republicans say Governor Kasich is behind Ohio’s faster-than-average recovery.
While the Ohio Democratic Party is suing to have Kasich release his public schedule (Kurtz says Attorney General Mike DeWine and Auditor Dave Yost complied with similar requests in a timely manner) the state Republican Party has also submitted similar requests to Democrats throughout Ohio.
Kurtz characterized the GOP requests as being sent by Kasich’s “hand-picked lieutenants in the Ohio Republican Party,” though Nichols told The Plain Dealer that the governor had no involvement.
Ohio GOP executive director Matt Borges told the newspaper that the requests were routine.
Still, Kurtz called Kasich’s refusal to release his own schedule “hypocritical.”
“He’s a bully and the only way you can deal with a bully is fighting back.”