How To Evaluate Judicial Candidates
Op-Ed by Ohio State Bar Association CEO Mary Amos Augsburger
Voter beware! The final days of the election season are prime time for sensational headlines, over-the-top opinion columns and negative campaign commercials, which will dominate every platform you use. Don’t get caught up in it. There is likely much more to the story. And this is particularly true when it comes to judicial elections.
Court cases are complex. Each has its own set of facts, which can’t be explained in a 30-second ad or 500-word column. And under the ethical rules governing judges, the candidates are prohibited from telling you their opinion on issues or how they would rule. While that’s really good for ensuring impartiality and the appearance of impartiality in our courts, it sure does make it difficult to pick a judge on your ballot! The reality is judicial elections are different from executive and legislative races, and that makes it necessary to take a different approach when we evaluate judicial candidates.
The Ohio State Bar Association sponsors the nonpartisan voter information website judicialvotescount.org as a public service because we understand this challenge. We have been concerned that far too many Ohioans — an estimated three out of five — skip voting for judges because they don’t know enough about the candidates. And as Ohio’s largest network of legal professionals, we also know firsthand that that the work judges do is far too important for you to forfeit your say.
So, what factors should you consider when voting for a judge? Here’s our best advice:
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Legal experience. What kind of law has the candidate practiced? Is it relevant to the judgeship they are seeking?
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Judicial philosophy. What’s the candidate’s approach to reading the law? Do they follow a strict definition of a law’s text or do they believe the meaning can change with the times?
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Character. Does the candidate have the temperament to be fair and impartial and to treat litigants with respect?
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Community involvement. Is the candidate involved in the community and organizations you respect?
Party Affiliation is another factor that often comes up. Since 2022, Ohio law requires that a judge’s party affiliation be listed on the general election ballot only for the Supreme Court of Ohio and Ohio courts of appeals. It will not show on your ballots for courts of common pleas or county courts, which are still considered nonpartisan. Remember that, regardless of party, all judges must be impartial and make decisions based on the unique facts before them. With this in mind, we recommend that you thoughtfully consider a judge’s party affiliation and what it means to you, but weigh that information alongside those other critical factors — experience, philosophy, character and community involvement.
We invite you to visit judicialvotescount.org to get to know the candidates for judge on your ballot and to learn more about how our court system works. There are also other good sources of information you should consult, including local voter guides, the websites and social media pages of candidates, local media and endorsements from newspapers and organizations that align with your values.
All these sources can help you guard against outrageous claims you confront and allow you to do your own independent investigation before you let them influence your vote. That vote, after all, is critical to ensuring our court system runs as it should.