This is an archive of a past election.
See http://www.smartvoter.org/oh/state/ for current information.
LWV League of Women Voters of Ohio Education Fund

Smart Voter
Ohio State Government May 2, 2006 Election
Candidates Answer Questions on the Issues
Judge; Ohio State Supreme Court; 6 Year Term Starting 1/2/07; Democratic Party


The questions were prepared by the League of Women Voters of Ohio and asked of all candidates for this office.     See below for questions on

Click on a name for candidate information.   See also more information about this contest.


1. What options do you believe the judiciary has when there is a judicial decision that requires the legislature to act if their response does not fully address the decision? (150 word limit)

Answer from Peter M. Sikora:

It is important to understand that the authority of the judiciary to enforce its decisions relies primarily on the confidence the public has in the Court's fairness and impartiality. If the citizenry believes that a Court has rendered its decision based upon the facts and the law, free of any improper or undo influence, it is more likely that the decision will be respected and followed.

Similarly, when a decision is issued that requires legislative action, respect for and confidence in the independence and fairness of the judiciary should inspire an appropriate legislative response. When, for whatever reason, that does not occur, the Court does have significant authority to enforce its decisions such as appointment of a special master and exercise of the contempt authority.

Answer from Ben Espy:

The Court is the ultimate protector of the constitution. It should be enough simply to declare that the legislature is obliged under the constitution to enact the legislation and that its failure to do so is in violation of the Constitution. A responsible legislature would ordinarily comply.
The court may issue a mandatory order against the legislature directing it to enact the legislation on pain of being held in contempt of court for which it may be fined.
If the legislature still resists, the court may issue a mandatory order against the members of the legislature personally, directing them to enact the required legislation on pain of being held in contempt of court for which they may be fined or imprisoned.
As a last resort, the court may issue a legislative order which prescribes the rules meant to have been enacted by legislation required under the Constitution.


Responses to questions asked of each candidate are reproduced as submitted to the League.  Candidates' statements are presented as submitted. 150 Word limits apply for each question. Direct references to opponents are not permitted.

The order of the candidates is random and changes daily. Candidates who did not respond are not listed on this page.


This Contest || Home (Ballot Lookup) || About Smart Voter || Feedback
Created: June 7, 2006 11:53 PDT
Smart Voter <http://www.smartvoter.org/>
Copyright © League of Women Voters of California Education Fund.
The League of Women Voters neither supports nor opposes candidates for public office or political parties.