An Akron judge who was reprimanded by the Ohio Supreme Court is now vying to be the Democratic candidate for an open seat in Summit County Common Pleas Court.
Not everyone, though, is pleased with the idea of Judge Joy Malek Oldfield being the party’s choice for the judicial spot in the November election, and Oldfield faces competition from Deputy Chief Assistant Summit County Prosecutor Margaret Scott.
An unusual set of circumstances has created the showdown between the two women who both have the support of prominent elected officials. The battle will be decided by the party’s precinct committee members in a meeting Thursday.
“We’ll see... ” said Summit County Democratic Party Chairman Jeff Fusco, who hasn’t endorsed either candidate.
Oldfield and Scott are hoping to be the Democratic candidate in the Nov. 8 election to fulfill the remainder of Tom Parker’s term, which runs through 2020. Parker left his Summit County Common Pleas seat March 24 to become a magistrate in U.S. District Court in Cleveland.
Parker, a Republican, was appointed a magistrate Jan. 13, which was about a month after the filing deadline for the March primary. That means the parties — the Republicans with the blessing of Gov. John Kasich — must pick the candidates.
The county Democratic Party will hold its organizational meeting at 7 p.m. Thursday at North High School in Akron and decide on both the party’s leadership and the judicial candidate. The party’s 234 precinct committee members will make the decision.
Both Oldfield and Scott have been courting support from the committee members, as well as Democratic elected officials who hold sway in the party. Those supporting Oldfield include Akron Mayor Dan Horrigan, Barberton Mayor William Judge, Summit County Fiscal Officer Kristen Scalise and state Reps. Greta Johnson and Emilia Sykes, according to a list included with a letter sent to committee members. Scott’s backers include her boss, Summit County Prosecutor Sherri Bevan Walsh, and Summit County Sheriff Steve Barry.
Oldfield was the first to step forward after Parker announced his resignation, with Scott entering the race a few weeks ago.
Oldfield, though, has the obstacle of a scandal that unfolded a month after she was elected an Akron Municipal Court judge. The much-publicized incident in February 2012 involved Oldfield and Catherine Loya, an assistant public defender practicing in her courtroom, who were found by a police officer in a car in a parking lot in Copley Township.
Oldfield and Loya steadfastly denied any inappropriate behavior and said they parked only briefly because Oldfield was distraught over an ill relative and wanted a cigarette before going home. A Copley officer, however, said the women appeared startled by his presence and that the judge quickly dressed and moved to the front seat. Oldfield told the officer that she had been drinking and that Loya had given her a ride home after the two left a party.
Loya was convicted of a drunken-driving offense and was fined and given a suspended jail sentence. Oldfield wasn’t cited, but she was reprimanded by the Ohio Supreme Court in July 2014 for allowing Loya to continue to practice in her court after the incident. The court upheld a disciplinary board’s findings that there was insufficient evidence that Oldfield tried to use her position to persuade the officer to drop charges against Loya.
Judge touts record
During an interview this week, Oldfield, 40, admitted to some wrongdoing.
“I want to make sure people understand I have learned from the unfortunate situation I created, allowing her to practice law in front of me,” she said. “I accept responsibility for the appearance that created for the public. It will never happen again.”
Oldfield, whose judicial term runs through next year, said she has been scandal-free since the incident and points to accomplishments she’s made, including being chosen as the court’s administrative judge two years in a row and heading up the drug court. She hopes her record of achievements will outweigh the controversy.
“When I have a case, I look at the totality,” she said. “I hope people will do that for me.”
Jeff Heintz, an attorney with Brouse McDowell, sent a letter to his fellow precinct committee members urging support for Oldfield.
“She has served with distinction in the five years since then,” Heintz said of the scandal. “I would be hard pressed to point to a better municipal judge.”
Walsh and Barry sent their own letter to committee members showing their support for Scott. Walsh called Scott “electable” and said she would be a judge “we can all be proud of.” Barry called Scott “fair minded and a true public servant.”
Scott, 45, who has been with the prosecutor’s office for 13 years, thinks she is the best candidate because of her experience in Common Pleas Court. She is the chief of the criminal and juvenile divisions and is the backup for the civil and tax divisions.
Asked her thoughts on Oldfield’s past, Scott didn’t have much to say.
“Anyone who wants to run is free to run,” she said. “I am uniquely qualified. I am the stronger and more experienced candidate.”
‘Insult to the bench’
Bryan Williams, chairman of the Summit County Republican Party’s executive committee, however, said Oldfield’s past would be a campaign issue.
“The idea that someone like her would replace [Parker] is an insult to the bench,” Williams said. “We’re going to work very hard to make sure it doesn’t happen.”
The Republican Party soon will be calling for applicants to fill Parker’s seat. This person will serve through the end of the year and then run in November to hold onto the seat. The party will pick its favorite candidate and two other suggestions and forward them to Kasich, who generally goes with the party’s choice. The party’s meeting will be in early May.
Retired Judge Judy Hunter, a visiting judge, is handling Parker’s docket until a replacement is chosen.
Asked who the GOP’s candidates will be, Williams said he doesn’t yet know.
He said they will have a more stellar background than Oldfield. He pointed out that the Beacon Journal’s editorial board called for Oldfield to resign in 2012.
“If there was a Republican candidate with the same track record, I would not support her to run for an elected position,” he said. “I wouldn’t even support her to run for re-election.”
Stephanie Warsmith can be reached at 330-996-3705, swarsmith@thebeaconjournal.com or on Twitter: @swarsmithabj.