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Governor will appoint successor for 7th District Court of Appeals Judge David D’Apolito

YOUNGSTOWN — With David D’Apolito’s planned Jan. 1 resignation from the 7th District Court of Appeals, Gov. Mike DeWine will appoint his successor to fill out the final year of the term — and give the appointee an advantage in the Republican primary for the seat.

Republicans Columbiana County Municipal Court Judge Katelyn Dickey and Mary DeGenaro, a former Ohio Supreme Court justice who served 17 years on the 7th District Court of Appeals bench, said they would seek DeWine’s appointment.

Dickey of Lisbon, who filed her nominating petitions Thursday, already has made a $200,000 personal contribution to her campaign and has the backing of Columbiana County Republican Party Chairman Dave Johnson, influential in state Republican politics and chairman of the Ohio Republican Party’s judicial screening committee.

Dickey said she planned to file her nominating petitions before D’Apolito, a Democrat, was hired Wednesday as city manager in Canfield, and still will do so. The filing deadline is Dec. 20.

“I’m the best person to serve the communities in the 7th District Court of Appeals and look forward to outlining my vision as a conservative judge to Gov. DeWine and his team,” Dickey said.

The appeals court has jurisdiction over Mahoning, Columbiana, Belmont, Carroll, Harrison, Jefferson, Monroe and Noble counties. Mahoning County is the most populous county in the district and three of the four sitting judges, including D’Apolito, reside there.

DeGenaro of Poland, the state auditor’s chief legal counsel, said she also plans to run in the March 19 Republican primary for the appeals seat and wants DeWine’s appointment before that.

“I absolutely intend to seek the appointment from the governor,” she said. “I have the legal experience the district needs. We’ve lost a lot of experience in the district and will lose more in 2026. I want to provide that experience and will seek the appointment.”

Dickey is seen as having the edge for the appointment, but DeGenaro said: “I have my supporters and will work to get the appointment. The next step would be filing for the race. I’ll be making an official announcement on that.”

DeGenaro in 2000 became the first Republican in 24 years to win a seat on the 7th District Court of Appeals. She won two other six-year terms before leaving in January 2018 after John Kasich, then the governor, appointed her to an open spot on the state Supreme Court. DeGenaro lost the November 2018 election for a full six-year term to Democrat Melody Stewart.

Republican Kathleen Bartlett was appointed by Kasich to replace DeGenaro on the appeals bench. D’Apolito, who was a Mahoning County Court judge for 18 years, defeated Bartlett by 2.2% in the November 2018 election for a six-year term.

The district has become more Republican in recent years — it will be 3-1 in the GOP’s favor after DeWine’s appointment — and with a law in place, that began with the 2020 election, all appeals court and Supreme Court candidates have their party affiliation identified on the general election ballot.

In last year’s election for an appeals court seat, Republican Mark A. Hanni, who unsuccessfully had sought a number of judicial seats, beat Democrat Gene Donofrio, a 30-year incumbent, by more than 17% even though Hanni lost Mahoning County by 12%. Running as a Democrat in 2012, Hanni lost by 4.4% to DeGenaro.

The court’s two other judges are Republican Carol Ann Robb, who can’t run for reelection in 2026 because of the state’s age limit for judges, and Democrat Cheryl Waite, who is not expected to seek another term on the court that year.

D’Apolito would have faced an uphill climb to get reelected next year had he chosen to run again as a Democrat. He had conversations with Republicans about switching political parties before taking the Canfield city manager’s job and deciding to resign, effective Jan. 1.

D’Apolito hasn’t returned numerous messages about the judicial election.

Mahoning County Democratic Party Chairman Chris Anderson said the party affiliation change heavily influences those in counties south of Mahoning and means for a Democrat “the race is nearly unwinnable.”

Anderson said next year’s appeals court race is “not a priority because the Republican Legislature politicized that court into oblivion. When we have so many judicial races in Mahoning County in 2026, it’s fruitless to try to win that (appeals) seat. By politicizing it, you end up with party hacks instead of effective independent judges.”

DeWine’s office has a process in place for appointing judges, which includes a deadline for applicants, an interview with a screening committee and background checks before a recommendation is made to the Republican governor.

Lisa Peterson, DeWine’s communications director, said the governor’s office hasn’t received a resignation letter from D’Apolito so there’s “no timetable” on appointing a replacement.

The process usually takes months, but can go quicker under different circumstances, particularly with a primary four months away.

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