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Cupp won’t seek soon-to-be vacant top court seat

Published: Fri, November 16, 2012 @ 1:51 p.m.

Cupp won’t seek soon-to-be vacant top court seat


Outgoing Ohio Supreme Court Justice Robert Cupp will not throw his name into the hat among potential appointees for a soon-to-be-vacant seat on the state’s high court.

Cupp, who lost his bid for reelection this month to Democrat Bill O’Neill, said in a released statement Friday that he would not seek retiring Justice Evelyn Lundberg Stratton’s seat. Gov. John Kasich is expected to name a replacement for the latter, who intends to leave the bench before year’s end.

“During the remaining weeks of my term of office, however, the court will be deciding a number of cases to which the state of Ohio is a party or in which the decision of the Court will have significant policy or political impact,” Cupp said. “To avoid any appearance that my decision in such cases may be influenced by a desire to be appointed by the governor to fill the vacancy, and to best serve public confidence in the independence of the Supreme Court, I will not apply for the governor’s appointment to that position. The remaining few weeks of my term will be used to finish pending court cases that must be completed before the end of the year.”

Cupp was one of two seated justices who fell to challengers in this month’s general election. Democrat Yvette McGee Brown, appointed by former Gov. Ted Strickland in his final days in office, lost to common pleas Judge Sharon Kennedy.

Stratton, who has served on the high court since 1996, announced her retirement earlier this year. Cupp said Friday that he has been encouraged to apply for the seat, but he made it clear that he would not pursue that course.

“At the appropriate time, other opportunities to use my experience gained in over 30 years of legislative, executive, and judicial service will be explored,” he said.


1gamechanger(5 comments)posted 3 years, 8 months ago

Here we go with more spin from Justice Cupp!

Our Federal lawsuit against FIRSTENERGY naming five Republican Justices of the Ohio Supreme Court as "nominal" Defendants (Lisa G. Huff et al v. Firstenergy et al-12 CV 2583) most notably including Justice Cupp as the first named “nominal Defendant” ultimately played a role in Justice Cupp’s defeat and is the real reason he cannot be considered for the vacancy. That suit details how justice Cupp was willfully deceptive when a disciplinary complaint filed by the now Justice Elect O’Neill was pending against him. We have now discovered more evidence of a possible FIRSTENERGY top executive sponsored fundraiser that may have occurred this year. The fact is that Justice Cupp wanted the public and the Disciplinary Board to believe that he had no idea that FIRSTENERGY was his largest contributor when he took their money, violated long standing court principles to set up a special court for them and ruled in their favor repeatedly. The truth is that if the Disciplinary Board has any integrity whatsoever Justice Cupp will have to be officially investigated for his overall conduct during the campaign (one would presume that this would happen after he leaves office). Regardless of the findings the Governor’s Office would be politically barred from considering him. The truth is; if there were no other pending problems, Justice Cupp could simply recuse himself from any case involving the State and the invented roadblock would be gone, problem solved.

This same thing happened two (2) years ago when then Supreme Court Candidate Mary Jane Trapp was considered by many to be the obvious top pick to replace Maureen O’Conner’s vacated seat after the election in which Mary Jane Trapp did fairly well against a well funded incumbent. The problem was charges levied by three credible citizens including two (2) doctors and the possibility of an FBI probe into those charges that she used her position as the presiding Judge of the 11th District Court Appeals to cover up actual falsification of court records (something she stated in August 2012 at a lake County Tea Party event is the precise improper thing for any judge to attempt apparently forgetting that she herself had done just that; See U-Tube). Needless to say Gov Strickland’s selection committee was notified, she was not appointed, she did not run again for the Supreme Court, she just lost her seat on the 11th Dist. and is still facing serious issues related to the falsification cover up.

The lesson is to rule on the law and the facts correctly every time no matter what political ally or colleague (with or without illegal ex-parte privileges) gets stung and to fix past injustices now!

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