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Waite is mulling a run for chief justice

Published:Friday, July 17, 2009

NAME THAT TUNE: My office voice-mail message used to ask people to leave their name, number, message and favorite song by various musicians. Most people either ignored it or would give such horrible answers that I stopped doing it. For example, I got plenty of “Jeremiah was a bull frog” responses for your favorite Three Dog Night song. First, that’s not the name of the song. Second, that is one annoying song.

The response I remember the best came in late 2006 by then-U.S. Sen. Mike DeWine who enthusiastically said, “Desperado,” when I asked callers to leave their favorite Eagles song. By the way, that is also an annoying song.

I’m writing this because during the process to find a new U.S. District Court judge, I called Judge R. Scott Krichbaum of Mahoning County Common Pleas Court, a candidate for the job, at his home twice to comment.

The voice mail message is the judge reciting the lines from the climactic scene of “Dirty Harry.”

“I know what you’re thinking, punk. You’re thinking ‘did he fire six shots or only five?’ Now to tell you the truth I forgot myself in all this excitement. But being this is a .44 Magnum, the most powerful handgun in the world and will blow your head clean off, you’ve gotta ask yourself a question: ‘Do I feel lucky?’ Well, do ya, punk?”

Apparently I wasn’t lucky because he didn’t return either of my calls.

skolnick@vindy.com

By David Skolnick

Judge Cheryl L. Waite of the Youngstown-based 7th District Court of Appeals has been asked before to run for a seat on the Ohio Supreme Court.

Because of various circumstances — she likes her current job, and concerns about raising money, the impact on her family and the lack of interest the Ohio Democratic Party has shown toward those judicial races — she’s declined to run.

But Judge Waite of Poland is giving serious consideration to running next year for chief justice, the court’s top position.

She plans to make a decision in the next few months.

“I’ve left it open to have more discussions on it,” Judge Waite said.

A Democrat hasn’t been elected to the Ohio Supreme Court since 2000. The current court is made up entirely of members of the Republican Party.

“I never thought it was healthy for the Supreme Court to be comprised of members of one party,” Judge Waite said. “It’s healthier to have different viewpoints.”

In the past, she said she “was not sure if the Ohio Democratic Party has been tremendously interested in gaining seats” on the court. “They’re a little more focused [now] than in the past.”

Democrats have done a poor job recruiting candidates to run for the Supreme Court for years.

“The Supreme Court has been ignored in previous elections,” said Ohio Democratic Chairman Chris Redfern.

That won’t be the case for the 2010 election, he said.

“It’s midsummer and we’re talking about the Ohio Supreme Court,” Redfern said.

Redfern met with Judge Waite and Mahoning County Democratic Chairman David Betras last month to discuss her interest in the position.

“Among other judges, she is receiving high marks,” and is highly regarded by union, business and Democratic leaders, Redfern said. “She’d be an ideal candidate for the Ohio Supreme Court. She is, was and will be on my list for potential candidates.”

Being from the Mahoning Valley is a “great advantage” for Judge Waite, Redfern said.

Despite the stigma the area has for political scandal, the Valley is a very strong Democratic region and usually comes out strong for Democratic candidates during the general election.

Judicial candidates run in political party primaries. Party affiliation is removed from the general election ballot. Even so, candidates and political parties list party affiliation on campaign information.

Betras, an attorney, called Judge Waite a “fine jurist and I would 100 percent support her for a run for chief justice. ... One of my jobs is to field qualified candidates, and she is the best.”

Judge Waite has served on the 7th District Court of Appeals since 1997 and wouldn’t have to give up her seat to run for the Supreme Court.

The chief justice seat will be open next year. Chief Justice Thomas J. Moyer can’t seek re-election because he is 70 years old. Ohio justices can’t seek reelection after they have turned 70.

Justice Maureen O’Connor, a former lieutenant governor, and Jim Petro, a former state attorney general and auditor, are the leading Republican candidates for the chief justice’s seat.

Regardless of who emerges as the Republican candidate, the race for chief justice will be “hotly contested and cost a lot of money,” Judge Waite said. “I’m not afraid to run, but the fundraising and the ugliness that comes with raising vast amounts of money” could be reasons why she wouldn’t run for the Supreme Court.

There are also two other seats up for election next year.

Justices Judith Ann Lanzinger and Paul Pfeifer currently hold the seats and are expected to seek re-election. Many consider Justice Pfeifer to be a RINO [Republican in name only] so it wouldn’t be a surprise if he didn’t face a Democratic opponent. He ran unopposed in 2004.

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