Introduction

There are two types of courts: trial courts and appellate courts. In trial courts, evidence to determine the facts of a case is heard by a single judge or by a judge and jury, and a verdict or judgment is reached based on the evidence and their understanding of the law that applies. Appellate courts review the work of the trial courts in cases that are appealed. There is no jury; appellate courts do not retry cases. Instead, a panel of judges hears arguments from opposing attorneys and reviews the lower court's record to determine whether there were errors serious enough to destroy the validity of the trial and justify overturning the lower court's original decision.

• Read the local newspaper for coverage of the campaign. Check editorials for their endorsements and reasons for their choices.
• Call the County or State Bar Association. Some of the larger bar associations evaluate all the candidates and rate them as being well qualified, qualified, or not qualified. Some ask their members to vote on the candidates who will be in contested elections and then endorse the ones who emerge well ahead of their opponents. Others poll their members and release the results to the public. Bar associations in the less populous counties do not usually evaluate judicial candidates.
• Read the candidate's own campaign literature.
• Evaluate the campaign literature that is mailed to you from groups who are either endorsing or opposing certain judges.
• In Hamilton County, check the League of Women Voters of the Cincinnati Area's publication the Who and What of Elections, available at all branches of the Hamilton County Public Library in the fall. Visit the League's Smart Voter website. Current information is posted at least one month prior to an election at www.smartvoter.org

• Know what standards the sources are likely to use when they evaluate or endorse candidates.
• Bar associations traditionally evaluate on the basis of qualities that relate to job performance, such as professional ability and knowledge of the law, civil and criminal trial experience, fairness, objectivity, work ethic, integrity, independence, and courtroom manner. A candidate's party affiliation or social and political views are considered irrelevant.
• Newspapers vary, but will usually state the reason for the endorsements they make.
• Prosecutors look for competence, but also for candidates who share their view on crime and punishment, who have worked in law enforcement or the district attorney's office, and who they think might rule more often in their favor than in the defense's.
• Political groups may use party affiliation or previous service to the party as the standard for either support or opposition.
• Single-issue groups may use a scorecard approach to a judge's rulings (or a challenger's promises) in their area of special interest.
• Slate mailer organizations are commercial ventures and may use no standard except who paid to have their names included.
• Know how to read between the lines to get the message.
• Judges must run as nonpartisan candidates, however they often hint at their party affiliation. Although the Code of Judicial Conduct prohibits candidates from making promises other than the "faithful and impartial" performance of duties, some candidates imply that they will impose long sentences and/or will give the benefit of any doubt to the prosecution's side.

The right to vote comes without strings attached. Voters are free to use any standards that appeal to them.

Trial court judges deal constantly with people under stress, yet they need to remain calm, patient, and fair while trying to resolve disputes quickly. Appellate judges work primarily with records, research, legal briefs, and colleagues. Voters may conclude that "judicial temperament" is important for the lower courts and that legal background plus research and writing skills are more important at the appellate level.

Voters who place a very high value on judicial independence may want to use the type of job performance standards that many bar associations recommend. They will expect judges to decide cases as they think the facts and law require without regard to their personal views on the issue and without bending to public or political pressures. They think that elections should not be referendums on a judge's philosophy.

Voters who place a higher value on political accountability will also take into consideration specific decisions made by judges. They may look for a candidate whose views on social issues match their own. They believe that there are many instances in which judges, even at the trial court level, have a great deal of discretion in applying the law, and therefore their personal values and philosophy are important. They think this is especially relevant for Supreme Court justices because they consider major issues and their decisions are binding on the other courts.

Judges must deal with everything from minor disputes to society's most intractable problems. Their decisions have as great an impact on our lives as decisions made by the governor or legislator. Those who vote are exercising an important opportunity to maintain the balance between judicial independence and accountability.

Trial lawyers, jurors, witnesses, prosecutors, public defenders, plaintiffs, and defendants all watch judges. Trials and other courtroom procedures are open to the public. Anyone who has any contact with the courts, either as a participant or a spectator, probably forms an opinion of the judges observed.

OHIO SUPREME COURT - Has final judicial review authority on the state level. Six-year terms, staggered. 7 judges elected by voters of Ohio.

OHIO COURT OF APPEALS, FIRST DISTRICT - Primarily a court of judicial review. Six-year terms, staggered. 6 judges elected by voters of Hamilton County.

HAMILTON COUNTY COURT OF COMMON PLEAS - Six-year terms, staggered. 16 judges elected by voters of Hamilton County.

General Division: Has original jurisdiction in civil cases involving claims of any amount, and in criminal cases involving felonies committed in Hamilton County. Has appellate jurisdiction over cases originating in lower courts and over decisions of the Board of County Commissioners. Supervises the Jury Commission and the Grand Jury.

Domestic Relations Division: Deals with family issues: divorce, annulment, alimony, custody cases, makes and enforces support orders for children of divorced parents. 3 judges

Juvenile Court: Has original jurisdiction over those under 18 who are traffic offenders, delinquent, unruly, neglected or dependent. Also deals with paternity and support cases. 2 judges

Probate Court Division: Deals with wills, estates, adoption, guardianship, marriage licenses, name changes, and commitment to mental institutions. 1 judge

HAMILTON COUNTY MUNICIPAL COURT - Has jurisdiction in civil cases (e.g., auto accidents, neighbor's disputes) involving claims of $15,000 and under, and in criminal cases involving misdemeanors committed in Hamilton County. Holds traffic court and conducts preliminary hearings in felony cases. Six-year terms, staggered. 14 judges elected by voters of Hamilton County.

MAYOR'S COURTS - Have jurisdiction over moving traffic violations and limited criminal jurisdiction in municipal ordinance cases. 36 in Hamilton County.

SMALL CLAIMS COURT - Has jurisdiction in civil cases involving claims of less than $3,000. Usually handled by a magistrate.

WHEN AND HOW ARE HAMILTON COUNTY JUDGES ELECTED?
Hamilton County voters elect all the judges sitting on the Ohio Court of Appeals, First District, Hamilton County Court of Common Pleas, and Hamilton County Municipal Court.

Appeals and Common Pleas Court judges are elected in even numbered years; in odd numbered years voters select Municipal Court judges. Judges of the Ohio Court of Appeals, First District and Hamilton County Court of Common Pleas are elected at large for six-year staggered terms. Judges of the Municipal Court are elected by district for six-year staggered terms. Judges are elected on a non-partisan ballot. Nomination is usually partisan. If a vacancy occurs during a term, the Governor appoints a new judge who serves until the next scheduled election.