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Monday, October 14, 2002

Experience an issue in judicial race



By Marie McCain
The Cincinnati Enquirer

Fred Nelson and Bruce Whitman each contend that experience is a key issue in their race for a seat on Hamilton County's Common Pleas Court.

Mr. Whitman, a Democrat, says 22 years as a trial attorney in Hamilton County gives him the advantage over his Republican opponent.

Mr. Nelson says his experience in the service of two U.S. presidents and in legal reform in Eastern Europe makes him the better candidate.

Both agree that a fair, impartial judge who adheres to state law and has respect for every person who appears in his courtroom will best serve the people of Hamilton County.

"The courtroom has got to be run for the people in the courtroom, not for the judge and his minions," Mr. Whitman said.

"This election is not about who defends or prosecutes the most criminals," Mr. Nelson said. "This is about who is going to be the best judge."

It is the only contested race for Common Pleas judge, paved by the retirement of Judge Fred Cartolano.

The Nelson-Whitman face-off has centered heavily on Mr. Whitman's challenge to Mr. Nelson's candidacy on the basis of experience. Mr. Nelson runs a Cincinnati-based public policy firm that does consulting work for political bodies. He previously was chief of staff for Ohio Congressman Steve Chabot, and in the early 1990s worked in the U.S. Department of Justice and as a legal counsel to the first President Bush.

In August, Mr. Whitman - an attorney in private practice who handles criminal and civil cases - filed a protest with the Board of Elections contending Mr. Nelson was not eligible under state statutes to run for judge because there was no record of him having practiced law in Ohio for a total of six years.

Mr. Nelson served as "counsel of record" on cases in Hamilton County courts for only three years, 1989, 1991 and 1992, Mr. Whitman said. His protest is pending in the Ohio Supreme Court.

Mr. Nelson denies his opponent's allegations, saying that the practice of law goes far beyond trial court appearances. He points to his mid-'90s work as chief of staff and legal counsel to Mr. Chabot, which included overseeing all staff legal work, as well as his extensive career outside Ohio.

"I can make a concrete contribution to this community at a critical time by instilling confidence in the judicial system," Mr. Nelson said. "I have the appropriate training. ... I don't let my past public service go to my head."

The 15 Common Pleas judges in Hamilton County handle felony criminal cases and civil cases that request damages of $25,000 or more.

Born and raised in Cleveland, Mr. Nelson earned his law degree from Harvard Law School. He moved to the Cincinnati area in 1987 and joined the law firm of Taft Stettinius & Hollister, where he worked as a civil attorney.

The bulk of his career, though, has been spent outside Cincinnati, working in the Reagan and Bush administrations. His work took him to Eastern Europe, where he addressed legal reform issues in the Ukraine and Russia.

Supporters say he will bring a high degree of intellect to the Common Pleas Court.

"The guy is just positively brilliant. (He) can dissect an argument quicker than anybody else," said state Rep. Bill Seitz (R-Green Township), who worked with Mr. Nelson at Taft Stettinius & Hollister.

Hamilton County GOP Vice Chairman Chip Gerhardt agreed.

"(Mr. Nelson) is uniquely qualified to act as a judge in Hamilton County. The citizens of this county and the people that come before him as a judge will come to understand that he will be a no-nonsense judge who follows the rule of law and is fair to all," Mr. Gerhardt said.

Mr. Nelson, 44, is engaged to be married and lives in Walnut Hills.Mr. Whitman's supporters are no less vocal about his experience and his abilities.

Born in Chicago and raised in Cincinnati, Mr. Whitman, 50, got his law degree from the University of Cincinnati. While experienced in criminal defense, Mr. Whitman has made a name for himself as a civil litigator. He is married with two sons, ages 15 and 12, and lives in Clifton.

"He's been dealing with court cases for a long time. Frankly, we need some balance on the court as well," said state Sen. Mark Mallory (D-Cincinnati), co-chair of the Hamilton County Democratic Party. "He is a very bright, very level-headed and fair person. Those are the qualities that I think make a really good judge."

Both men have raised about $130,000 for their campaigns, as of Oct. 9.

E-mail: mmccain@enquirer.com



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