Republican Supreme Court Justice Terrence O'Donnell and his challenger, Democrat Judge William O'Neill, couldn't be further apart when each gauges how much he should talk about his positions.

ELECTION 2004

• Edwards preaches to faithful • Blackwell revels in the hot seat • Levy vote puts in question Drake's long-term prognosis • Lawmakers get in position for leadership • Politics often mixes bedfellows • Diversity can be the right ticket • Dems out to clinch the Jewish vote • Record high of 9 women hold governor's offices • Senate campaign heats up • Jefferson Co. Republicans won't use poll challengers • Butler County tax levies face a host of unknowns • Quality counts for levy leader • Northwest levy would target pay • N.Ky. a stronghold for Bush, poll says • Bush, Kerry hammer home themes • Ohio Supreme Court opponents disagree on revealing views • Math professor challenging county treasurer • Franklin voters consider merger • Election 2004 section

O'Donnell, 58, believes that to remain impartial - in his mind and in the eyes of the public - he must not discuss his views on rulings by lower courts or on potential issues. He believes his opponent has gone too far in expressing opinions.

"Judges need to be open-minded and willing to look at both sides," he said. "It's not productive for me to go to a group and try to pander a position, and sort of wink at the rules and somehow prejudge anything that may come before us."

O'Neill, meanwhile, filed a federal lawsuit challenging the court's rules that significantly limited a court candidate's statements and behavior. U.S. District Judge Ann Aldrich agreed the rules violate the First Amendment.

"It is time for judges to speak up during campaigns so the voters will have information with which they can make a decision," O'Neill said.

The 11th District Ohio Court of Appeals judge from South Russell has sharply criticized the court's most recent school funding decision. The court ruled four times that the state's system of funding schools is unconstitutional. In the last ruling, in December 2002, the court ended its oversight of the case.

"It is not logical for the Supreme Court of Ohio to say the way we fund education in Ohio is unconstitutional, and then walk away from the litigation without finishing the job," O'Neill said. "I believe they abandoned their role as the third branch of government when they did that." O'Neill, 56, believes the Legislature is in contempt for failing to follow the court's rulings.

O'Donnell said that as a former teacher, "I care very deeply about education." But he declined to comment on the school funding decision.

Perhaps the biggest issue in this Supreme Court race involves tort reform - the state's attempt to cap jury awards in civil lawsuits, particularly malpractice cases. The court struck down those caps in 1999, although Gov. Bob Taft signed a law placing new caps on malpractice cases in early 2003.

The health-care industry says doctors across Ohio will continue to get hit with skyrocketing medical malpractice insurance costs unless the Supreme Court upholds those caps.

O'Donnell, who is backed by health-care groups, declined to comment on the issue. But O'Neill ripped into the Legislature for directly defying the 1999 decision.

"The current law has a very good balancing system in place," he said, noting there's no evidence of runaway jury awards in Ohio. "When you talk about tort reform, what you're really talking about is the out-of-control General Assembly."

Reading from a handful of newspaper editorials, O'Donnell noted that some believe his opponent is already deciding cases and would be better suited to run as a state legislator than for the court.

O'Donnell points to his experience - 18 years as a common pleas judge, eight years on the court of appeals, and 17 months on the Supreme Court, where he was appointed to fill the remaining term of Justice Deborah Cook, who went to the federal bench.

"My opponent has never charged a jury. He's never been a trial judge. He's never sentenced a convicted felon or presided over a death penalty case. These are important considerations," O'Donnell said.

The race is one of three contested seats on the court this year. Republican Justice Paul Pfeifer is running unopposed.

The Ohio State Bar Association gave O'Donnell a rating of "highly recommended." O'Neill was given a rating of "adequate."

E-mail jsiegel@enquirer.com