2013: STARK COUNTY PUBLIC FIGURES/OFFICIALS TO BE THANKFUL FOR!

Correction: 

Judge Kristin Farmer was appointed by Governor Kasich to replace Judge Charles E. Brown, Jr not Judge V. Lee Sinclair as previously reported.

Original Blog

The Stark County Political Report wishes each and every reader an abundantly thankful Thanksgiving Day, 2013.

On this day, which was first celebrated in Plymouth colony is 1621 because of a bountiful harvest that year, the SCPR takes a pause to be thankful for the good deeds enhancing our democratic-republican institutions performed by various Stark County elected officials and public figures.

In no particular order of importance, only that each recipient made the coveted SCPR "the top 5 billing," I elaborate on the reasons why each merited making this year's list.

JOHN FERRERO

Stark County's prosecutor since 2003, Ferrero, never heretofore a SCPR favorite, outdid himself early this year (January, February) "he did the right thing" in "standing his ground" to the Johnnie A. Maier, Jr Massillon-based political machine and looked his successor "in the eye" and declared by affidavit that brother George was not qualified under Ohio statutory law to be Stark County sheriff.

In so doing, The Report sees Ferrero as having placed himself in "a front and center" for "the rule of law" in this specific situation.

It had to be under great duress that he faced off against the Maiers inasmuch as Ferrero himself is - make no mistake about it - a Stark County Democratic Party insider (SCDP chair from 1996 - 2003) who has benefited greatly from such status as a base and an accelerant to his rise in Stark County elected officialdom.

The SCPR doubts that the challenge to George Maier (manifested by the 84 votes against him) would have gotten to first base BUT FOR Ferrero's courageous act.

You can bet that the Maiers (George and Johnnie) will long remember the year of political Hell that Ferrero initiated for them with his affidavit.

John Ferrero's deed established the base for the quo warranto Ohio Supreme Court challenge to Maier's right to hold office under the Stark Dems appointment.

The Report figures that the Maier forces were figuring on bullying their way through the selection process and that none one who wanted a future in Stark County Democratic Party politics would dare oppose them.

That Ferrero stood in their path was a surprise to the SCPR and likely astounded Stark County Democratic Party chair Randy Gonzalez, Maier and Maier.

Of course, the SCPR does not know the "inside himself motivation" for John Ferrero having "stepped up to the plate," but The Report does know the "effect" of his having done so.

Because of the action of Prosecutor John Dee Ferrero, in Stark's political future, folks like George Maier will think twice about trying to steamroller "the rule of law" in arrogantly asserting:  "I guaranty that if I apply, I will be qualified."

All Stark Countians who care about our democratic-republican process should pause for thought in appreciation for Ferrero's "standing in the breach" and giving "the rule of law" a fighting chance.

KRISTIN FARMER

The SCPR was skeptical that this daughter of one of Stark County's most pre-eminent elected/political officials; namely, Judge Sheila Farmer (Republican), now of the 5th District Court of Appeals would "anytime soon" be up to striking a blow for the proper application of Ohio's election laws in the Stark County context and thereby enhancing and strengthening "the rule of law" in our county.

Appointed by Ohio Republican governor John Kasich in December, 2012 to replace the highly respected Charles E. Brown, Jr, on the Stark County Court of Common Pleas when he retired, I was one who thought that Kristin Farmer (also, of course, a Republican like her mother) was one who traded on her maiden name and heritage to get the appointment.

Not to be naive, I do believe she used the Farmer name to gain the advantage in getting the appointment and like any savvy candidate for elective office will continue to use her "politically powerful," in Stark County, family name.

However, the SCPR remains open-minded, notwithstanding appearances.

Farmer distinguished herself in the case of North Canton councilman-at-large Mark Cerreta of earlier this year in which he was ruled off the ballot in what turned out to having been an "abuse of discretion."

Per a prior blog published by the SCPR, to wit:

But Judge Farmer was able to see that it is in the interest of the North Canton voter base to have a "real" choice and was able - in yesterday's decision - to find legal justification to side with "the spirit of the law" in finding that the BOE "abused its discretion" and "clearly disregarded applicable law" in jumping on a legal technicality to keep North Cantonians from having that freedom loving choice.

Unlike her colleague on the Stark County bench (Judge Frank Forchione) in the Stark Dems qualification process in SCDP-CC Ohio Supreme Court ordered re-do of its sheriff appointment as referred to in the Ferrero piece above, in the opinion of the SCPR, her legal decision was a well reasoned decision with cited legal authority.

The Report's take on Forchione's action is that his re-opening of the application process to new applicants was an arbitrary decision that should not be validated by Ohio's "court of last" resort given its opinion in Swanson v. Maier in the consideration of the Swanson/Darrow v. Gonzalez "mandamus" action currently on the court's docket.

To repeat the point of the cited earlier SCPR blog, for a new judge to demonstrate the sound judgment and well-reasoned basis in finding for Councilman Cerreta was "Simply Impressive."

Stark Countians too should be well taken with Judge Kristin Farmer and, what's more, be thankful for her making "a rule of the case" determination that enhances the election process in our democratic-republican system of government.

TIM SWANSON

Democrat Timothy Swanson is a storied person in Stark County politics and government.

As Stark County sheriff from 1996 through 2013 (currently as interim sheriff), he has both his admirers and detractors.

You can bet that George T. Maier and his allies who control the leadership of the Stark County Democratic Party are not among his admirers.

The SCPR is impressed with Swanson on two counts.

First, notwithstanding that the SCPR has been a on, off, on-again, off-again critic of his over the nearly six years of existence of The Report (e.g. his ragging on Stark County voters who opposed and rejected [November, 2009] an imposed 0.5% sales tax by the-then commissioners Bosley, Harmon (Democrats) and Republican Jane Vignos), he has remained open and accessible to The Report when I have had questions for him to respond in his capacity as sheriff.

Second, his having "the intestinal fortitude" to stand up for "the rule of law" in the face of (one would presume) intense pressure of the Gonzalez/Maier faction of the Stark County Democratic Party for him "not to challenge" what turned out to be SCDP-CC's illegal appointment of George T. Maier to the Stark County sheriff's office.

Of course, The Report is cognizant that Swanson does have a stake in the outcome of the whole "replacement of the sheriff" scenario.  Pure and simple he wants his guy Lou Darrow appointed.

Nevertheless, Tim Swanson is standing tall and will be leaving his long-held sheriff's post in dignity.

And Stark Countians should be among the admirers of and be appreciative of the Swanson's contribution to "the rule of law," especially at this season of thanksgiving.

We all should be appreciative of not only material bountifulness but also of the fruit of doing what is right in support of our precious constitutional way of life.

Swanson could have chosen to disdain (as only one of three officials who have legal standing) challenging the Stark Dems illegal process and walk off into the sun of Florida never to be heard of again in Stark County official circles.

But he did not and we should all be thankful and this sacrifice should be his lingering legacy in Stark County.

CRAIG T. CONLEY

Craig T. Conley is a very outspoken conservative Republican.

However, he demonstrates time again that he is able to set aside his political biases and push Stark County officials and public figures "to do the right thing" by Stark Countians.

Too quite a few Stark County officials he has proven to be the proverbial "pain in the arse."

Whether it has been dealing with former Stark County treasurer Gary D. Zeigler, Prosecutor John Ferrero, Judge Frank Forchione or the Stark County commissioners (Bosley, Harmon and Vignos [2008/2009] all very powerful figures in Stark County government - he has pushed for accountability in behalf of Stark County taxpayers.

Yesterday, he picked up the challenge to go after George T. Maier in order to recover for Stark County taxpayers monies he feels are returnable to taxpayers on account of Maier's appointment being void ab initio to the office of Stark County sheriff on February 5th of this year.

If one wants local government officials to be accountable and transparent and adherent to "the rule of law, then ought to be bullish on Craig T. Conley.

His latest target is Ohio Supreme Court tagged George T. Maier as usurper sheriff from February 11th through November 6, 2013.

While he recognizes that Maier certainly has historical policing credentials and performance indicators to be able to say that Maier was during his time in the Stark County sheriff's office a de facto qualified even in light of the the Supreme Court's determination on the 6th that he was not de jure (as a matter of law) qualified, goes further than the de factor factor to evaluate Maier.

Today the Alliance Review published a letter to the editor written by Conley questioning whether or not Maier has the requisite character (his expression:  "character counts") to be sheriff, to wit:

It is clear to the SCPR that one does not want to be in Conley's "line-of-fire."

He is dogged, he is persistent and he is tireless in his utmost devotion to "the rule of law" and concomitant ethics in the discharge of public duties by public officials.

And he follows up with taking on legal causes (many times "free of charge") as an attorney in the way of obtaining public official performance accountability.

At least one detractor has endeavored to tarnish his public repute as a dedicated supporter of the American/Ohio system of justice, but he has been vindicated.

Stark Countians need to reflect on Conley and think back over the years that he has taken on public interest legal enterprises that have benefited the Stark County public.

On this November 28, 2013 the SCPR highlights Conley's contributions to the public good as a recognition of what surely is a deserved public thankfulness for his standing up of the public interest.

KEVIN FISHER

On October 4th of this year the SCPR did a blog on Canton Ward 5 councilman Kevin Fisher (Democrat) and his tireless effort to put legislation in place (2012) to give Canton a fighting chance to solve - over the longer haul - its neighborhood blight problems which gets in the way of Canton turning around the city's over downturn and get heading into a better and rehabilitative direction.

His 2012 legislation was just the beginning and he stayed with the effort and 2013 was instrumental in putting the finishing touches on the legislation so that it provides city officials with the legislative and enforcement teeth to stop the blight and thereby stabilize Canton's neighborhoods.

He has worked diligently and tirelessly in the trenches of Ward 5 neighborhood life to become an effective force in neighborhood turn around.

Witness his work with SWIFT (Southwest Investment For Tomorrow) which is ensconced in Ward 5.

Undoubtedly, Fisher has the thankfulness of his constituents on this Thanksgiving Day for his hard work towards reviving and redirecting his neighborhood in a better direction.

A SCPR "Happy Thanksgiving Day Weekend" to the readers of The Report!

STARK JUDGE RACES OF NOVEMBER, 2014 TO GET "UNUSUALLY" POLITICAL?

UPDATE:  3:00 PM (WITH LIST OF COURT OF COMMON PLEAS CANDIDATES TAKING OUT PETITIONS SO FAR FOR 2014 RACES

ORIGINAL BLOG
 
Apparently, things have not been controversial enough for Stark County Court of Common Pleas judge Frank Forchione over the past eleven (11) months in terms of his being a focal point in local media.

Follow "the chronology of the Forchione publicity run" under the ensuing list of Datelines.

Dateline No. 1.

Late last week, His Honor seemingly injected himself into the fight between the George T. Maier and Tim Swanson/Lou Darrow camps fight as to whom is going to be eligible to be appointed sheriff of Stark County to replace sheriff-elect Mike McDonald who was too ill to take office on January 7, 2013.

Stark Dems botched the original replacement appointment on February 5th in appointing former Massillon safety director George T. Maier.

According to the Ohio Supreme Court in a November 6, 2013 decision (Swanson v. Maier), he was not eligible under the requirements of Ohio statutory law to be appointed despite Maier's "guarantee" (pre-February 5th meeting) that he would be eligible, "if he applied."

Ohio's "court of last resort" has ordered the Dems to do a "do-over" to correct the February 5th mistake.

The Democrats re-do is slated for December 11th.

Dateline No. 2.

In December, 2012; January, 2013, Forchione made a decision in a criminal case (the Studer case) he presided over that a $5,000 fine he exacted of the defendant be paid for the benefit of the victims of the mass shooting of students in December, 2012 at Sandy Hook (located in Newtown, Massachusetts).

Only problem was that, despite the obvious compassionate and charitable impulse that many Stark Countians think motivated Forchione to order what he did; not all Stark citizens were willing to let him be compassionate/charitable with Stark County taxpayer money.

And one of the particularly "important" unwilling ones was local attorney and civic activist Craig T. Conley.

He has a history of discord with Forchione.

In 2011, Conley had filed an Affidavit of Disqualification in a case he had before Judge Forchione.

Conley lost the case, but then Forchione recused himself post-decision.

Hmm?

One must ask, what was that all about, no?

Dateline No. 3

February 1, 2013.

Conley files suit.

Ohio statutory law provides that fine money can ONLY be deposited in the appropriate county's general fund.  Saying that his motivation was that "the rule of law" has to prevail, Conley filed a civil suit against this judge.  The SCPR, for one believes, was instrumental in Forchione asking the Newtown/Sandy Hook charity to return the $5,000 so that he could place it into the Stark County treasury.

For his effort, an anonymous Stark County person (believed to be a Stark County attorney) filed an ethics complaint with Ohio's Disciplinary Counsel against Conley because Conley was reported in local media of saying that in ordering the diversion of Stark County taxpayer money Forchione was grandstanding.

Conley subsequently was exonerated of any ethics violation for his "grandstanding" remark by counsel assigned to make a determination of whether or not Conley had committed a violation of the Ohio's Professional Responsibility Code in place for lawyers.

If Conley was correct in his "grandstanding" assessment, one needs to ask:  why would Forchione want to grandstand?

Well, Conley did not specify.

The only thing that the SCPR can think of is that Forchione is up for election in November, 2014 and like many incumbents may have been thought by Conley of using his official position to enhance his electability.

Dateline No. 4

Later in February (the 28th), Forchione had to be surprised when a former Stark Countian (Louis Demis formerly of Navarre, but now of Columbus) filed a rarely used legal procedure (Affidavit Pursuant to Ohio Revised Code Sections 2935.09/10) in an attempt to get the State of Ohio to prosecute Frank Forchione for "theft-in-office" for having originally diverted the money from the Stark treasury to the Newtown, MA based charity.

Guess who stepped forward to "volunteer" his "pro bono"  (for the public good) legal services to Demis?

Of course, Craig T. Conley.

Conley has a track record of offering his considerable legal skills as a public service free-of-charge to the taxpaying public going back years.

Back in 2009, the SCPR believes that Conley was instrumental in forcing Stark County prosecutor John Ferrero to more sooner that later in recovering (as provided for in Ohio statutory law) monies lost on account of the theft by former Chief Deputy Treasurer Vince Frustaci of upwards of $3 million of Stark County taxpayer dollars.

While the-then treasurer Gary D. Zeigler was not implicated in the Frustaci theft, Ohio statutory law does make a public official - in a civil suit context - "strictly" liable to the public for monies lost without regard to fault in administering his/her office.

Zeigler has always denied that he failed to properly administer the treasurer's office while he was treasurer.

Dateline No. 5

In an April hearing, Conley, arguing the Demis position, failed to convince a visiting judge (retired Barberton Municipal Court judge Michael McNulty) in a proceeding in the Canton Municipal Court, to find probable cause.

But Conley pressed on.

Dateline No. 6.

The Demis appeal to the 5th District Court of Appeals on May 20, 2013.

On November 5th, Conley argued probable cause to the 5th District Court of Appeals (based in Canton).

He argued that the visiting judge erred in not finding probable cause.

A decision is due any day now.

Return to Dateline No. 1

Here we are in the week of November 18 - 22, 2013 and we have Frank Forchione "in the headlines" once again in the Swanson/Darrow - Maier face-off on whom is going to be sheriff come December 11th.

As stated by Judge Forchione in area media reports, his only role is to be ministerial in the determining base-level eligibility (matters that are susceptible of absolute factual determination) factors.

And yet, there are those Stark Countians who think that Forchione is injecting himself in a more substantive way than that into the the sheriff eligibility controversy.

Saying that he is "erring on the side of democracy," (which seems to the Stark County Political Report as being more "political" question rather than a "judicial" question") is apparently Forchione putting himself in the position of determining the field of candidates "anew" for appointment at the December 11th SCDP-CC meeting.

Forchione appears to be substituting his judgment for that of the Supreme Court notwithstanding that the only date of eligibility articulated by the court in its November 6, 2013 opinion is a "qualification date" of February 6, 2013."

Hmm?

Forchione was adventuresome in ordering the Studer fine money be paid for the benefit of the Sandy Hook victims.  He apparently ate "legal" crow in retrieving the money and having it deposited in the Stark treasury in compliance with Conley's law-based demand.

The question is:  Is he going to be eating "legal" crow once again?

The SCPR is hearing that there are Stark Countians who think that Forchione

(a Democrat who has served for years in the Canton Law Department under current director Joe Martuccio and his predecessor and current county commissioner Tom Bernabei)

in opening up the application process for a qualification date beyond February 6th has "in effect," (presumably not an intentional act) taken sides with the likes of Stark County Democratic Party chairman Randy Gonzalez (a zealot Maier supporter, who has announced he will re-apply) and his prominent Democratic legal advisers Allen Schulman, Warren Price, Steven Okey and Michael Thompson.

Commissioner Bernabei is on record of being a big George T. Maier booster.

Undoubtedly, there are "legal eagle" eyes looking at the legal propriety of Forchione's decision to open up the application process in light of the Swanson v. Maier opinion.

The "fresh eyes," if The Report's conjecture is correct, would be in the supplementation of a writ of mandamus filed on November 18th by Swanson and his top lieutenant Louis Darrow (also a candidate to be the Dems appointee) followed by motions for injunctive relief filed this past Friday.

The mandamus and injunctive relief requests are specifically designed to stop Gonzalez led Dems from including Maier in the ordered "re-do" selection process.

Why, pray tell, would Forchione risk being legally wrong again?  Is the re-open another "bit of grandstanding" a la Conley's charge on Studer/Sandy Hook matter? 

The SCPR would not be surprised to see Judge Forchione himself be drawn into the Ohio Supreme Court legal proceeding(s) in light of his decision to re-open the application process.

Dateline No. 7.

Whether or not he is validated on this decision, it is becoming likely that he is making himself a political lightning rod come the November, 2014 elections.

Forchione was first elected in 2008 and with one term under his belt, he would likely - under normal circumstances - be pretty much a shoe-in for re-election.

The Report is told that Forchione's 2013 judicial activism has given birth to an effort to find "a worthy" Republican opponent against him come next year's election.

Conley (a Republican, but not part of the Stark County Republican Party leadership) makes no bones about it.

Forchione is a prime political target for defeat in next year's general election insofar as he is concerned.

Many, many Stark County judicial elections are uncontested.

However, next year, a rare year indeed in Stark, four of the five Stark County Court of Common Pleas, General Division judgeships are on the ballot and two for the first time (Farmer and Werren).   

Werren has already drawn a daunting rival (in terms of the clout and regard she has in the legal community) in Chryssa Hartnett who is a Stark County assistant prosecutor and an assistant chief prosecutor of the criminal division.

The SCPR has written that she deserved to be considered by the Stark County Republican Party/Republican Governor John Kasich for either of the appointments that went to Kristin Farmer or Curtis Werren.

But we all know that the politicos look out for their respective political parties first and the public interest - maybe - second.

Normally, only first time judicial candidates are thought to be vulnerable to being unseated.

But the question is fast becoming, is second time candidate Frank Forchione in his 2013 activism putting himself into the vulnerable category alongside Farmer and Werren?

Historically, it has been unusual for state judicial races (of course, there are no federal judiciary elections; all positions are appointed) to draw the interest of political action groups (PACs) which are putting increasing amounts of money and effort into the election face-offs.

While the Stark judicial elections are unlikely to draw any PAC money, the Forchione, Farmer and Werren races will likely all be contested and the campaigns could become testy.

The testiness is highly unlikely to come from the candidates themselves because the Ohio Supreme Court has strict rules on what candidates can do in the way of the substance/finances of their campaigns. 

It is hard for the SCPR to see how Judge Forchione is enhancing his chances of being reelected next year in view of the notoriety he has achieved with his 2013 judicial activism.

His break from the tradition of how sitting judges comport themselves in terms of generating public notice may be a sign of the times we now live in, which is to say, perhaps:

A New Politics of Judicial Elections, Stark County style?

JUST HOW DEVOTED TO "MERIT" IS GOVERNOR JOHN KASICH?

One of the themes that Republican Governor John Kasich is trying to convince Ohioans of is his devotion to merit being a keystone of his administration.

So far, the SCPR sees that like his predecessor Democrat Ted Strickland, it is politics as usual and there is nothing distinctive about Kasich in terms of diminishing politics as primary criterion of his selection process of appointees to state and local government.

Stark County is about to see the Kasich's hand up close and personal in his selection of who succeeds David Stucki as Stark County Common Pleas Family Court judge.

The Stark County Political Report will not even go to "LA LA LAND" and suggest that he would, at his own initiative, consider a highly qualified Democrat to replace Stucki.

The only realistic question is whether or not he go for the Republican candidate who is the most qualified by experience or will he go for the one with the strongest political backing.  The Report that it will be the former and not the latter.

It appears to the SCPR that the "Stark Republican Only candidates need apply list" for the Stucki post have varying degrees of political connection and therefore, assuming that Kasich will weigh the political dividends for himself come 2014.  The Report predicts that Kasich will pick the one with the most political clout (in terms of backing) and not the one who seems to have the judicial gravitas to "merit" selection.

Stark's four sent to Columbus by the Stark GOP Executive Committee (in the order SCPR's assessment of the political strength of the candidate) include:

• Stark Court of Common Pleas bailiff, magistrate and staff attorney Lori Flowers.  She works for former Stark County Republican Party Chairman and now Common Pleas Judge Charles Brown, Jr.
• Stark Court of Common Pleas bailiff Kristin Farmer.  She works for Republican Judge V. Lee Sinclair in the Stark County Court of Common Pleas and she is the daughter of 5th District Court of Appeals Judge Sheila Farmer (Republican).  Moreover, earlier in her career she was appointed to a job as an assistant prosecutor by a Republican prosecutor.
• Republican Brant Luther who served as a Republican appointee to the Stark County Auditor's office (to replace Janet Creighton who had been elected mayor of Canton) but was defeated by Democrat Kim Perez in the 2004 general election.  Luther, after losing to Perez, was taken on by Republican Stark County Republican Court of Common Pleas Probate Court Judge Dixie Parks as one of her magistrates.  Luther subsequently left Parks for the Republican controlled Stark County Family Court where he is in charge of the Court's guardian ad litem program.  He also ran as the Republican candidate for Ohio's 61st House District in 2006, losing to Democrat Mark Okey.

• Rosemarie Hall.  Apparently, her only connection - other than being a registered Republican -  is being married to local attorney Charles Hall who represents a number of Stark County boards of township trustees.  By experience and merit though she has been a magistrate for seven years in the actual court that has the opening that Kasich is selecting for.

Should Kasich appoint someone other than Luther or Hall, one would have to think it would not go down well with those currently in place at the Stark County Family Court.

Apparently, Lori Flowers is going full press on the political front.  Look at this comment as reported by The Rep's Shane Hoover in Four finalists for Stark family court judge on April 14th:

She also said she has been a loyal Republican her entire adult life and is up for the challenge of keeping the seat, if selected. (emphasis added)

And working for former Stark County Republican Party chairman Charles E. Brown, Jr. doesn't hurt either.

While the SCPR believes that political parties are an essential part of making the American system of government work, when political considerations for who gets appointed to office and who does not trump the range of consideration of candidates for a given office (i.e. opposite party qualifieds will not be considered), then something is very wrong about people like Kasich and Strickland in terms of caring about the governance health of the state.

Such is what is at the heart of why more and more Americans are turning against the Republican and Democratic political parties.

When a guy like Kasich mouths notions like "merit" but then demonstrates that he is about "politics as usual;" he does tremendous damage to the credibility his governance.  Consequently, when he asks Ohioans to make sacrifices such is increasingly falling on deaf ears.

For Stark Countians, Kasich's power of appointment of a new Stark County family court judge is an opportunity for him to show merit is more than political polish.

Does Kasich have it in him - in the light to his pontificated "merit" position -  to put the best qualified person (irrespective of political connections or party affiliation) in as judge of the Stark County?