Court asked to let judicial candidates identify party, raise money

Judicial candidates in Ohio will appear on the ballot as Democrats and Republicans this November and will be able to speak more freely on political issues if a coalition of liberal interests prevails in a court case filed yesterday.

The American Federation of State, County and Municipal Employees, the Ohio Democratic Party and three candidates for judicial offices petitioned the U.S. District Court for the Southern District of Ohio to strike down Ohio's restrictions against judges identifying themselves by party affiliation or personally raising campaign cash.

Two weeks ago, the 6th U.S. Circuit Court of Appeals - which encompasses Ohio, Kentucky, Michigan and Tennessee - struck down Kentucky's restrictions on judicial politicking.

The Kentucky rules were similar to Ohio's, which prevent judicial candidates from appearing on the ballot as Democrats or Republicans or from speaking openly about their political affiliations. They also cannot solicit funds directly.

"I see this as a me-too case," Alphonse A. Gerhardstein, the attorney for the union representing government employees, the Ohio Democratic Party and the judicial candidates said yesterday. "In all material respects, the codes of judicial conduct are the same, so the rulings should be the same."

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There is one significant difference between Ohio's rules and the Kentucky restrictions that were invalidated by the federal court. Ohio judicial candidates face off in partisan primary elections, after which they run in nonpartisan general elections - the only such setup in the nation, the suit said. Judicial elections in Kentucky were completely nonpartisan.

After the Kentucky ruling, attorneys for Ohio said they would evaluate whether the state's rules need to be changed. Attorney General Richard Cordray's office had joined the federal case on Kentucky's side.

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Chief Justice Eric Brown, a Democrat appointed by Gov. Ted Strickland this year, suggested that a candidate's party affiliation might be valuable information for voters.

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