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Monday, October 02, 2000

Special interests dominate Ohio Supreme Court race


They'll spend more than candidates

By Spencer Hunt
Enquirer Columbus Bureau

        COLUMBUS — Two powerful sets of interest groups plan to spend at least $4 million on commercials that will urge voters to kick out or keep Ohio Supreme Court Justice Alice Robie Resnick.

        In a powerful illustration of how special interests can dominate an election and skirt ethics rules, the two sides will spend millions more than either Justice Resnick, a Toledo Democrat, or Republican challenger Terrence O'Donnell, a Cuyahoga County appeals court judge.

        Ohio trial lawyers, teachers and unions have formed a political action committee called Citizens for an Independent Court, which figures to spend more than $1 million on ads supporting Justice Resnick.

        The group's spokesman, Randy Weston, predicted business groups will outspend the PAC by a 3-1 margin.

        “Who knows what the final figure will be,” Mr. Weston said. “But we're going to be competitive on TV and on radio statewide.”

        An informal survey of television stations by the Ohio Democratic Party indicates a rival business group, Citizens for a Strong Ohio, already has booked $3 million in commercial time.

        Chip McConville, vice president of Citizens for a Strong Ohio, would not con firm or deny the $3 million estimate, but said his organization's commercials will appear “very soon.”

        Another political action committee that represents Ohio's insurance industry, Ohioans for Fair and Independent Judges, also plans to urge voters to pick Judge O'Donnell.

        Spokesman Mark Weaver said the group hopes to raise a significant amount, but wouldn't say exactly how much.

        “It certainly won't be in the millions,” Mr. Weaver said.

        The unprecedented levels of spending are manifestations of a special-interest war over the makeup and direction of the seven-member Ohio Supreme Court.

        Justice Resnick, elected in 1988, has infuriated Republicans and business interests with her votes in several 4-3 decisions.

        She was with the majority that threw out limits on jury awards in personal injury cases and medical malpractice cases. Judge Resnick also voted with the majority to overturn a state law that required workers to show employers deliberately and intentionally injured them before they could win an injury lawsuit.

        Groups such as the Ohio Chamber of Commerce believe the court will turn more business-friendly if voters elect Judge O'Donnell.

        That makes Democrats and their allies anxious to keep Justice Resnick on the bench.

        Dave Leland, the Ohio Democratic Party chairman, accused Ohio corporations of trying to “buy a seat” on the Supreme Court. “This is an assault on Ohio's working families,” he said.

        Bob Bennett, the Ohio Republican Party chairman, was just as outraged by the existence of Citizens for an Independent Court.

        The PAC was formed by the Ohio AFL-CIO, AFSCME United, the Ohio Academy of Trial Lawyers, the Ohio Education Association and the Ohio Federation of Teachers.

        “If you think the trial attorneys and the labor bosses are going to give you an independent court, then the sun's going to come up in the west tomorrow,” Mr. Bennett said.

        The $4 million spending estimate could swell as the Nov. 7 election nears. Mr. Weston declined to comment on how much Citizens for an Independent Court would collect, but Ohio AFL-CIO president Bill Burga said he hoped to raise $1 million.

        “I'm requesting $1 per (union) member,” Mr. Burga said. “I don't know if we can raise that much at this late date. It's a pretty lofty goal.”

        Regardless of how much will be spent, the competing media blitzes already make Justice Resnick's and Judge O'Donnell's personal campaign committees appear meager by comparison.

        A federal judge recently declared spending limits in judicial races unconstitutional. Despite that, both candidates vowed Friday to campaign within the $500,000 limit the Ohio Supreme Court set last year.

        The dominance of the special-interest groups in the election means that voters will see a harsher, more spirited campaign than if candidates alone paid for the advertising.

        Under Ohio Supreme Court rules, judicial candidates may not make any promises or attacks on opponents that hint at how they would decide cases.

        The rules are intended to preserve the ideal of unbiased judges who serve nothing but the law.

        None of the special-interest groups have to follow those rules. In their ads, they are free to say what they want, as long as they do not specifically advocate the election or defeat of a specific candidate. The special interests are not permitted to coordinate their commercials with the candidates.

        Judge O'Donnell said he won't concern himself with what outsiders say and will focus on running his own campaign ethically.

        “I have to be responsible and worried about what I can control,” he said. “I had my integrity when I got into this business and I intend to take it with me when I leave. I won't surrender it.”

        Justice Resnick said she has always thought her re-election battle would be fought against business interests, not Judge O'Donnell.

        “I don't even want to know about people spending large sums of money on my behalf,” she said. “I don't need that.”

       



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