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Chief Justice Thomas Moyer – Hypocrisy/Arrogance re: Merit Selection of Ohio Judges

 

Thomas J. Moyer has been Chief Justice of the Ohio Supreme Court since Jan. 1987. He will be termed out and unable to run for reelection in November 2010.
 
In the recent past, numerous articles have been written about Chief Justice Moyer’s ongoing attempt to facilitate a change in Ohio law calling for the election of judges. Chief Justice Moyer is lobbying the State legislature to allow for “merit” selection of judges.
 
Merit is defined as (a) to be worthy or deserving, (b) superior quality or excellence, (c) demonstrated ability or achievement, and (d) a quality deserving praise or approval.
 
Chief Justice Thomas Moyer’s record and conduct in regards to personally determining the merits of appointing judges in Ohio is abysmal to say the least. As you’ll see from the examples at the end of this article, Moyer has conclusively proven that he is the poster boy for hypocrites when it comes to appointing judges based on merit. Put simply, Chief Justice Thomas Moyer’s argument for merit selection of Ohio judges doesn’t pass the involuntary laugh test.
 
Moyer’s hyperbolic comments in support of Merit Selection of Judges
 
Below are a couple of examples of Chief Justice Thomas Moyer’s hyperbolic rants in pushing for merit selection of judges in Ohio.
  • Raising funds can erode public confidence in the courts [what confidence?]
  • Perception is very, very important when considering the fundamental principles of our justice system are fairness and impartiality
Those opposing Chief Justice Moyer’s Merit Selection of Judges
 
Jeff Patch, spokesman for the Center for Competitive Politics said:
“It has sort of an elitist tinge to say that voters aren’t sophisticated enough to make this determination.”
“To say that merit selection is going to be more ethical is pretty misguided.”
 
Justice Seamus McCaffery of the Pennsylvania Supreme Court said:
It was a treat visiting all of the state’s 67 counties on his Harley
“That’s the beauty of having electoral process where we need to be responsive to the community.”
“And I think it’s important that judges should be out there. It’s just as important as other elected officials.”
 
[Praise the Lord, the truth will set you free!]
 
Judge Peter D. Nichols of Madison County Ohio said:
“Voters concluded then [1983 and 1987] that merit selection represented an elitist usurpation of their fundamental right to vote for judges. Merit selection in 2010 will raise the same spector.
Columbus Dispatch, James Nash – 11/21/09
 
Mike Gonidakis and Mark Lally of Ohio Right to Life said:
They criticized Chief Justice Moyer’s merit appointment system by citing a 2007 study that found only 56 of 6,306 judicial retention elections between 1964 and 2006 led to the judges not being retained. They argued that direct elections provide an important check on the judiciary system.
Dayton Daily News, Laura Bishchoff – 12/14/09
 
Chief Justice Moyer supports Arizona system of merit selection for Ohioans
In an inept attempt at levity, Chief Justice Moyer told a reporter for PBS station WCPN in Cleveland in late 2009 that he would like to see Ohio adopt a system similar to Arizona, which is as follows:
 
A diverse [so-called] panel would recommend three candidates for each judgeship
The governor would then choose one of the three
The governor selects the diverse panel members that make recommendations
 
To suggest that allowing the governor of Ohio to act as sole arbiter in the merit selection of judges doesn’t pass the involuntary laugh test. Apparently, Chief Justice Thomas Moyer is of the opinion that Ohio’s governor is a partisan politician. It goes without saying that a Republican governor isn’t going to appoint any democrats to the bench and vice versa. A cursory review of federally appointed judges demonstrates this to be true!
 
The record of appointments to the bench by ex-Governors Dick Celeste (1983-1991) George Voinovich (1991-1998) and Bob Taft (1999-2007) clearly demonstrate that merit had absolutely nothing to do with said appointments. In fact, as could be expected recommendations from party hacks was the determining factor as to determining merit, which is exactly what happens on the federal level.
 
Chief Justice Thomas Moyer goes on to laughingly claim that if the voters decide (a highly unlikely event) to not retain a judge or justice, the Governor would then make another so-called merit appointment. This would only assure a repeat appointment of another political hack to a judgeship! Seemingly, Chief Justice Thomas Moyer missed his calling as a stand-up comedian!
 
Conclusion
 
For Chief Justice Thomas Moyer to argue the efficacy of merit selection of judges is analogous to making a determination that Rush Limbaugh and/or Sean Hannity merit appointment as Press Secretary for President Obama.
 
The best evidence that merit selection of judges is an abomination is the unbridled authority given to Chief Justice Thomas Moyer (ca. 1987-2010) to appoint visiting retired judges. Over the past 15 or more years, Chief Justice Moyer has been provided with a plethora of documentary evidence proving beyond all doubt that retired judges he deemed merited appointment to active status was in fact without merit.
 
Unfortunately, despite said incontrovertible evidence of misconduct, actual bias and/or gross incompetence, the sea of victims and more importantly the voters had absolutely no say in causing the removal of retired judges that Chief Justice Moyer foisted upon them under the guise they merited such repeated appointments.
 
To suggest that merit selection of judges in Ohio presided over by a partisan politician (Governor) would result in eliminating unworthy candidates is laughable at best.
 
The voters must retain the absolute right to determine who or who doesn’t merit a judgeship in Ohio. To suggest otherwise is to assume that Ohio voters are bereft of the intellectual acumen to reach such a conclusion. I for one find such an assumption to be frivolous at best!
 
And lastly, I for one didn't serve my country in a war zone so that some political hack regardless of his political persuasion could usurp my right to vote!
 
 
 
2003 Appointment of Judge Thomas Patrick Curran of Cleveland
 
In Nov. 2002, Judge Patrick Curran was soundly defeated for reelection when his opponent received 59% of the vote. Curran’s term ended on Jan. 1, 2003. Pursuant to a request from Chief Justice Thomas Moyer, ex-Gov. Taft appointed Judge Curran to the 8th District Court of Appeals for a term beginning on Feb. 7 and ending one-week later on Feb. 11, allowing Chief Justice Moyer to appoint him to visiting judge status.
 
Because the voters in Cleveland found that Judge Curran did not merit reelection, Ohio law prohibited Justice Thomas Moyer from appointing him as a visiting retired judge. Despite Curran’s unprecedented electoral defeat, Chief Justice Moyer deemed that he merited appointment as a visiting retired judge.
 
As to Judge Patrick Curran’s conduct affirming the voters rejection of him in regards to hosing the taxpayers for wages he was not entitled to, visit the URL below.
 
Judge Patrick Curran of Cleveland hosing taxpayers for unearned wages
http://tinyurl.com/yznwafr
 
Moyer leaned on ex-Gov. Taft Despite this monumental electoral defeat (the people had spoken loud and clear re: Curran’s fitness to sit on the bench), Chief Justice Moyer deemed that Judge
 
Moyer’s appointment of Judge Stephen Yarbrough of Toledo
 
Prior to Chief Justice Thomas Moyer’s determination in 1996 that retired Judge Stephen Yarbrough merited appointment to active status as a visiting retired judge, Moyer was aware of the following:
 
Yarbrough fired as Chairman of Lucas County (Toledo) Republican Party due to funds missing
Yarbrough forced to resign as State Senator for lying about his residency
 
In Jan. 2001, Chief Justice Moyer was provided with voluminous copies of Judge Yarbrough’s wage and travel expense claims proving that he (a) billed two counties for 8 hours work on the same day; (b) billed for hours he never worked; (c) billed for mileage he could not possibly have driven; and (d) falsely claimed he worked 8 hour days at home on weekends/holidays over 100 times.
 
Despite this overwhelming evidence being provided to Chief Justice Thomas Moyer he continued to deem that Judge Yarbrough merited reappointment from 2001 through Jan. 2010. In fact, Judge Stephen Yarbrough is one of the highest paid judges in the State of Ohio. For further evidence of Judge Yarbrough’s egregious misconduct, I invite you to view articles that can be found under “Ohio Reporter” at www.noethics.net.
 
Moyer’s appointment of Judge Dana Deshler of Columbus
Retired Judge Dana Deshler of the 10th District Court of Appeals in Columbus is yet another documented scofflaw who Chief Justice Thomas Moyer found merited appointment as a visiting retired judge. A copy of an ethics complaint filed against Judge Dana Deshler proving he illegally billed for wages he was not entitled to and/or submitted false claims was copied to Chief Justice Moyer. A copy of it can be found by going to the URL below.
 
Misconduct of retired Judge Dana Deshler of Columbus, Ohio
http://tinyurl.com/yclexyd
 
 
Moyer’s appointment of Judge John Patton of Cleveland
 
Chief Justice Thomas Moyer also determined that Judge John Patton merited repeated appointments as a visiting retired judge. As to Chief Justice Thomas Moyer’s knowledge that Judge Patton was billing for hours he never worked, I invite you to view the URL listed below.
 
Ethics Complaint v. Judge John Patton of Cleveland re: theft-in-office offenses
http://tinyurl.com/yzn7ejc
 

 

 

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