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LWV League of Women Voters of the Cincinnati Area Education Fund

Smart Voter
Hamilton County, OH November 4, 2008 Election
Candidates Answer Questions on the Issues
Judge; Court of Common Pleas; 6 Year Term Starting 2/10/09


The questions were prepared by the League of Women Voters of the Cincinnati Area and asked of all candidates for this office.     See below for questions on Pressing Issues, Implementation, Merit Selection, Evaluation, Mandatory sentencing

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

? 1. What are the two most pressing issues you will face if you are elected? (50 word limit)

Answer from Fred Nelson:

A judge must always seek to ascertain and fairly and consistently apply the relevant law, without fear or favor. Judges also should handle cases efficiently and promote prompt and just resolution of legal controversies; as appropriate, criminal sentences imposed consistent with law and good judgment can help protect our community.

Answer from Jerry Metz:

1. Protecting public safety and our essential freedoms.

2. Expediting the prompt decision of cases to avoid clogging the docket and crowding our local jails.

? 2. How will you address each of those issues? (100 word limit)

Answer from Fred Nelson:

As a judge, I have worked hard to follow the law as written. Judges should not impose their own policy preferences from the bench, but instead must be constrained by the will of the people as expressed by the legislature and in the State and federal Constitutions. I try to treat everyone with civility, evenhandedly, and justly under the rule of law. In civil cases, I also encourage alternative dispute resolution to benefit the parties and the public, and I meet regularly with the sides to move cases along to appropriate resolution. I strive to impose appropriate criminal sentences.

Answer from Jerry Metz:

1. My top priority as a judge will be to serve the people of Hamilton County with a firm commitment to justice. I will impose sentences on those convicted appropriate to their crime. I will assure due process for the protection of the innocent.

2. I will expedite decision of cases through hard work and good management of cases.

? 3. What is your position on merit selection of the judiciary? (100 word limit)

Answer from Fred Nelson:

I defer to the policy judgment of the people of Ohio on the question of how best to select state court judges. Having worked on issues of judicial selection at the federal level, I am familiar with that system; I also have had the great honor of being elected to serve on our Hamilton County Common Pleas Court, and I work to uphold the confidence that the voters have placed in me.

Answer from Jerry Metz:

I support merit selection of judges. I have helped put merit selection on the Ohio ballot before. Properly done, merit selection systems recruit and appoint the best-qualified individuals as judges. Bi-partisan nominating commissions--of lawyers, judges, and citizens--can recruit and recommend to the governor well-qualified candidates. Confirmation by the state legislature can provide an additional check against political appointments. And, appointed judges still must face regular retention elections in which the voters determine whether they should continue in office. Such yes/no elections give voters a meaningful choice as opposed to often-unopposed elections we see today.

? 4. What would be a fair way to evaluate the performance of a sitting judge? (100 word limit)

Answer from Fred Nelson:

Real experience on the bench is of course a very significant qualification for re-election. I invite the public to evaluate fairly the depth and clarity of my significant written opinions, to consider my efforts always to apply the law as I understand it to be, and to examine my record in the prompt and appropriate resolution of legal disputes. Voters also can look at a judge's continuing educational efforts: for example, I am privileged to have been selected by the Ohio Supreme Court to participate in the Advanced Science and Technology Adjudication Resource program that trains judges in presiding over complex scientific issues.

Answer from Jerry Metz:

Good evaluation systems collect data from attorneys and jurors who have seen the judge in action. They evaluate: 1) integrity, 2) knowledge of the law, 3) communication ability, 4) preparation and control of judicial proceedings, 5) management skills, and 6) punctuality.

I have worked to develop a solid reputation for integrity and knowledge of the law. I teach lawyers and at Xavier University ("Law and Ethics"). I write concise legal briefs. I have honed decision-making as an arbitrator. I have applied case management skills to expedite cases. I will always be punctual both in hearing cases and deciding them.

? 5. What is your opinion about mandatory sentencing? (100 word limit)

Answer from Fred Nelson:

Ohio law does provide specified mandatory sentences for certain very serious crimes. I impose the law as written.

Answer from Jerry Metz:

The legislature decides whether to establish mandatory sentences for particular offenses. Judges are duty-bound to impose sentences required by law.

Though intended to provide consistency in sentencing, mandatory sentences may in fact deliver "equal sentences to unequal offenders." Good judges' sentences represent a "conscientious judgment." Taking account of the law, and constrained by experience and tradition, such judges better impose punishment consistent with the particular crime and circumstances.

Mandatory sentences may increase trials as fewer defendants plead guilty. Some (actually guilty) may be acquitted, or prosecutors may reduce charges in exchange for a guilty plea. Does either promote justice?


Responses to questions asked of each candidate are reproduced as submitted to the League.  Candidates' statements are presented as submitted. The answer must not exceed 100 words. 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.


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Created: January 24, 2009 10:48 PST
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