YOUNGSTOWN — Major changes will occur in Mahoning County Common Pleas Court with the 2026 election because two general division judges and the domestic relations court judge, who have held their positions since the 1990s, won’t run for reelection.

In the cases of Republican R. Scott Krichbaum, the court’s most-senior judge first elected to the general division in 1990, and Democrat Beth A. Smith, first elected domestic relations judge in 1996, they aren’t permitted to run next year because of state law. In Ohio, judicial candidates cannot run for office if they will be at least 70 years old when they are sworn in for their term.

Krichbaum’s term ends Feb. 8, 2027, while Smith, the first woman elected judge in Mahoning County when she won a county area court race in 1988, will serve her last day as judge Dec. 31, 2026.

Democrat John M. Durkin, first elected in 1996, is eligible to seek another term as a general division judge, but he has decided to not run again in 2026. His term ends June 30, 2027.

Also, Probate Court Judge Robert N. Rusu Jr. is running for the first time next year as a Republican. Despite being appointed in July 2014 by then-Gov. John Kasich, a Republican, Rusu had already filed as an independent judge that year and again ran without party affiliation in 2020. He didn’t vote in partisan primaries until voting Republican in 2024.

Republican Maureen Sweeney, first appointed in July 2004 to fill an unexpired term by then-Gov. Bob Taft, a fellow Republican, is also up for reelection in 2026 and plans to seek another six-year term.

The two other general division judicial seats — held by Democrats Anthony D’Apolito and Anthony Donofrio — and juvenile court judge — held by Republican Theresa Dellick — are not up for reelection in 2026.

In Ohio, common pleas court judges run in political partisan primaries and then without party affiliation in general elections. Feb. 4 is the filing deadline for the May 5 primary.

Rusu already has filed to run for a third six-year term, this time as a Republican.

“He’s been supportive of the party, and it makes sense for him to cross over,” said Tom McCabe, chairman of the county Republican Party’s executive committee, about Rusu.

Running as an independent in 2020, Rusu received 51.95% of the vote to 48.05% of the vote for Republican David Engler, who ran as a write-in in the GOP primary.

“Rusu is one of the best probate court judges in the state,” McCabe said. “We will back him financially and through grassroots efforts.”

Mahoning County Democratic Party Chairman Chris Anderson said among common pleas judicial seats on the 2026 ballot, probate judge is the “lowest on the priority list because it’s such a specialized type of law.”

Two Republicans — Kathleen Bartlett and Mark DeVicchio –already have filed nominating petitions with the board of elections to succeed Smith as domestic relations judge.

Bartlett spent 12 years as a domestic relations court magistrate and served on the 7th District Court of Appeals, appointed in March 2018 by Kasich, before losing the November 2018 election for a full term to Democrat David D’Apolito.

DeVicchio is a former domestic relations magistrate who currently serves as director of the Betras and Kopp law firm’s domestic relations practice group.

No Democrat has filed for domestic relations judge yet, but Joseph M. Messuri is expected to be the party’s candidate. A cousin by marriage to David and Anthony D’Apolito, Messuri has a Canfield law practice.

Republican Anissa Modarelli, the county assistant prosecutor in Durkin’s court, is planning to run for Durkin’s open seat, according to the judge and McCabe.

Also, Ralph Rivera, a county assistant prosecutor, is planning to run for common pleas court judge. He initially said he would run for Durkin’s seat, but is also considering a bid to succeed Krichbaum.

Ross Smith, who has a law practice in Youngstown, is planning to run for Krichbaum’s open seat and recently had a fundraiser, McCabe said.

Democrats will field candidates for the three general division judicial seats, Anderson said.

“The plan is to run for every seat, whether it’s against an incumbent or for an open seat,” he said. “No one will be unopposed. We’re getting a lot of interest in common pleas from high-quality candidates.”

While Anderson didn’t disclose names, Democrats giving serious consideration to running for those judicial seats include J. Michael Thompson, Terry A. Grenga and Leonard Hall.

Thompson is a partner in the Henderson, Covington, Messenger, Newman & Thomas law firm in Youngstown and serves as president of Poland Village Council.

Grenga has a law practice in Canfield and provides legal advice to those in domestic relations court through that court’s self-help center.

Hall is a county assistant prosecutor in the civil division, providing legal assistance to the county auditor and the board of revision, and used to be the in-house legal counsel for the Cafaro Co.

Based on the number of interested candidates for common pleas seats, including three who have already filed, McCabe said 2026 is “going to be a good Republican year in Ohio. We’ve done well in midterm elections, and we’re expecting the same next year.”

Anderson said, “I would beg to differ, given that Republicans nationwide have lost every important election since Donald Trump was made president again. Also, simply look historically at the midterms. It would defy all logic for (2026) to be anything but a bad year for Republicans.”

COURT OF APPEALS

With Republican Carol Ann Robb unable to run next year for reelection to her seat on the 7th District Court of Appeals and Democrat Cheryl Waite not seeking another term, two Republicans have filed for those positions.

Molly Johnson, a county area court judge first elected in 2018, filed for Robb’s seat and David “Chip” Comstock Jr. filed for Waite’s seat. Comstock is the Mahoning County Bar Association’s grievance committee counsel, has served as Western Reserve’s fire chief for more than 25 years and is a shareholder in the Bonezzi, Switzer, Polito & Perry law firm.

Mark A. Hanni, a sitting Republican appeals court judge, is circulating petitions for both seats, McCabe said, as well as for the Ohio Supreme Court seat now held by Democrat Jennifer Brunner. There are already four Republican candidates planning to run against Brunner.

Hanni was elected in 2022 to the appeals court and cannot run in 2028 for another term because of the state’s age-limit restriction on judges.

If Hanni files for one of the two open seats and wins, he would be able to remain on the appeals court for an additional four years.

Donald P. Scott has taken out petitions as a Republican for a potential run for an appeals court seat, McCabe said. A retired Youngstown police officer, Scott has unsuccessfully run as an independent candidate for Youngstown council president and 7th Ward councilman.

The Republican-controlled state Legislature passed a law, effective with the 2022 election, that requires party affiliation on the ballot for those running for seats on the court of appeals and the Ohio Supreme Court. Before that, candidates ran in party primaries and then didn’t have political affiliation in the general election.

Since then, Republicans have won every judicial race for the Ohio Supreme Court, the 7th District Court of Appeals and the Warren-based 11th District Court of Appeals.

Democrats didn’t field candidates in the 7th or the 11th appeals court races last year.

The 7th District, based in Youngstown, includes Mahoning, Columbiana, Belmont, Carroll, Harrison, Jefferson, Monroe and Noble counties.

Anderson said he doesn’t expect Democrats to have candidates for the court of appeals in 2026.

“I’d never stop someone from running for that seat if they want, but the way the district is drawn and the way Republicans politicized that court makes it difficult to win,” he said.