COLUMBUS — Tim Black and Maureen O'Connor each argue it would be a mistake to assume how they might rule on lawsuit limits and school funding.

        It's an assumption supporters are willing to bank on, as each candidate has raised a record $1 million-plus to win a seat on the Ohio Supreme Court this fall.

O'Connor

Black

        Many of Ms. O'Connor's supporters think they can change the court's majority to one that is more conservative and business-friendly. Translation: They want a court that will accept lawsuit limits, known as tort reform, and get rid of the albatross around the state's neck — the school-funding lawsuit.

        “I think that would be an error for people to assume that,” Ms. O'Connor said of her expected votes. “I have assured (groups) time and time again that all they can expect from me is a fair and level playing field.”

        Mr. Black's supporters think his election would solidify a majority that has pleased trial lawyers and unions with its rulings on lawsuit limits, worker's compensation and school funding, which has led to billions more in state aid for education.

        “I have no agenda about going to the Supreme Court to stick a needle in the eye of the business community,” he said at a recent joint interview.

        But make no mistake — Ms. O'Connor sees big problems with the way the current 4-3 court majority has handled some recent cases, while Mr. Black generally thinks the court is doing fine.

        Mr. Black, a Democratic Hamilton County municipal judge for eight years, is squaring off against Ms. O'Connor, the Republican lieutenant governor, to fill the open seat left by the retirement of Justice Andrew Douglas.

        Justice Douglas has been a consistent member of the court's 4-3 majority on controversial decisions. Although Ms. O'Connor denies her election would instantly swing that majority the other direction, she takes serious issue with the court's positions.

        She pointed specifically to rulings that overturned lawmakers' attempt to limit civil lawsuits, and a broadening of the uninsured motorist law that makes employers liable even if an employee isn't driving on company time.

        Mr. Black, who once referred to the open court seat as “labor's seat,” appeared uneasy about the court's uninsured motorist decision, saying he'd like to take a closer look at it.

        But on tort reform he disagrees with Ms. O'Connor's assessment.

        “The tort reform decision is a good example of a court being called upon to evaluate what the Constitution means that a trial by jury shall be inviolate,” he said. “That's a pretty strong word.”

        Ms. O'Connor declined to speak much about the school funding case, except to say that she expects the court will rule after the election. She also praised the state's efforts to construct new schools.

        Mr. Black, meanwhile, said the case “calls out for a resolution.”

        “If there's a promise in the Constitution that the state shall provide a thorough and efficient system of common schools, and someone claims that promise has not been met, that question is resolved in the courts, and properly so,” he said.

        The two also disagree on Issue 1, the constitutional amendment that requires treatment over jail time for many non-violent drug offenders.

        Ms. O'Connor has joined a chorus of public officials and Supreme Court justices in opposing the measure.

        But Mr. Black said he will vote for it.

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