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YOUNGSTOWN -- Judge R. Scott Krichbaum's time on the Mahoning County Common Pleas Court bench is coming to a close, and two local attorneys believe they're the right man to replace him.
Ohio age limits prohibit the 73-year-old Krichbaum from continuing, and he will step down on Feb. 8 after a 36-year career.
On Tuesday, voters will decide between Democrat Mark D'Apolito and Republican Ross Smith to assume Krichbaum's seat.
D'APOLITO
Since 2023, D'Apolito has served as Austintown Township administrator and roads superintendent. He earned a bachelor’s degree in criminal justice from the University of Toledo in 2011 and a law degree from the same university in 2014.
He served as Youngstown’s senior assistant law director from 2013 to 2018, handling criminal and civil litigation and advising city officials on legal matters. From 2018 to 2023, he worked as a Mahoning County assistant prosecutor, handling felony nonsupport cases, defending the county in civil litigation and advising county commissioners and township leaders on employment law, public contracting, law enforcement policies and other matters.
D'Apolito stated his priorities simply and directly:
"I will always uphold the rule of law and draw upon my experience to promote justice, fairness, and the efficient administration of the Court," he said.
Specifically, D'Apolito outlined three major ideals for his court, if elected.
The first is court efficiency and timely case resolution.
"I believe efficiency should never come at the expense of fairness. I will work to resolve discovery disputes, motions, and requests for continuances so that cases continue to move forward without unnecessary delay," he said.
His second priority is protecting public safety while reducing recidivism. D'Apolito said he would try to accomplish that by consistently applying Ohio's statutory sentencing requirements and considering the individual circumstances of each case.
"Where legally appropriate, I will evaluate available diversion, treatment, education, and rehabilitation programs based upon eligibility and, most importantly, public-safety considerations. When doing so does not compromise public safety, I believe probation and treatment resources can be successful in addressing the underlying factors that contribute to repeat offenses and give individuals an opportunity to become a productive member of the community and prioritize their families," he said. D'Apolito noted that victims should remain an important part of the judicial process and he would ensure they have opportunity to participate as provided by law and he would consider the impact on them when making decisions.
D'Apolito said equal access to a fair and effective court system is also an important focus.
"A meaningful opportunity to be heard requires the court to allow litigants sufficient time to fully develop and present their statements and positions. I will address situations in which inadequate representation threatens to prevent a just outcome and will apply courtroom procedures consistently regardless of a litigant's background or financial resources," he said.
SMITH
In May's Republican primary, Smith defeated Edward Czopur by a roughly 54% to 46% margin.
He may have a slight advantage over his current opponent as well, given that he's already sat on the bench he hopes to win. Smith has worked as a magistrate for Krichbaum since January.
Previously, he served as a supervising attorney with the Ohio Public Defender’s Office from October 2022 to January 2026.
Smith earned bachelor’s and master’s degrees from Florida State University and a law degree from Western Michigan University. He served as an assistant prosecutor under former Mahoning County Prosecutor Paul Gains from 2006 to 2022, while also gaining experience in private practice.
Smith said his experience in both prosecution and criminal defense provides perspective on the interests of victims, defendants and their families. His priorities include maintaining efficient courtroom operations, ensuring consistent and impartial application of Ohio law and strengthening public confidence in the judicial system through transparency and professionalism.
“One of my primary goals as judge will be to ensure that cases continue to move through the court system in a timely and organized manner while still giving every party a fair opportunity to be heard,” Smith said. "I will accomplish this by continuing to implement strong docket management practices, holding regular hearings and case management conferences, and setting clear expectations for deadlines and motion practice.
He said he also plans to make effective use of modern technology to improve court operations, including electronic filings, digital scheduling systems and streamlined communication between the court, attorneys, and litigants.
Smith's second priority is "protecting the public with integrity, fairness, and consistency in the application of the law." He said he believes his experience on both sides of the law - prosecution and defense - will help him there.
"I understand the concerns of victims seeking protection and justice, defendants seeking a fair hearing, and families whose lives are affected by court decisions," he said. "As judge, I will carefully review the facts, apply the law as written, and issue decisions grounded in Ohio law and precedent. Consistency and transparency in judicial decision-making help ensure that similar cases are treated similarly and that the rule of law remains the guiding principle.
Smith said he also wants to strengthen public confidence in the court system.
"The courts only work when the public trusts that the system is fair, impartial and accessible. Judges have a responsibility not only to decide cases, but also to ensure that people understand and respect the process," he said. "I will prioritize professionalism and clarity in the courtroom. This means clearly explaining court procedures, maintaining a respectful environment for all participants, and issuing decisions that are thorough and understandable. I will also support community outreach and educational efforts that help residents better understand how the court system works and why public safety and the rule of law matter."