Voting in the Cuyahoga County primary election is underway in Cleveland and its surrounding communities in advance of election day on March 19. An important part of primary ballots are races for judicial seats on the Common Pleas Court, where elected judges decide outcomes that have the power to change the lives of the people who stand before them.
In preparation for the elections, The Marshall Project and Signal Cleveland put together a guide to judges, with snapshots of candidate profiles. We solicited questions from Clevelanders and posed them to the slate of judicial primary candidates. Below are the questions and responses provided by the candidates.
Click on any name below to learn more about the candidate.
Timothy Clary
Cassandra Collier-Williams
Daryl T. Dennie
Alison Nelson Floyd
Emily Hagan
Tim Hess
Amily A. Imbrogno
Kevin Kelley
Joy Kennedy
Ashley Kilbane
Kira Krivosh
Carl J. Mazzone
Timothy McCormick
Fallon Kilbane McNally
Jennifer McTernan
Lauren C. Moore
Mollie Ann Murphy
John P. O'Donnell
Joseph P. O'Malley
Antonio S. Nicholson
Fallon Marie Radigan
Jason Ralls
Nancy Margaret Russo
John J. Spellacy
Joan Synenberg
Ray Tarasuck
Democratic Primary Race - Court of Common Pleas General Division
Kevin Kelley is running unopposed in the Democratic primary, and Antonio S. Nicholson is running unopposed in the Republican primary for a seat starting Jan. 1, 2025, in the court’s General Division. They'll face each other in November.
Kevin Kelley did not respond to the community survey.
Ashley Kilbane is running unopposed in the Democratic primary for a seat starting Jan. 2, 2025, in the court’s General Division. There are no Republicans on the primary ballot for this seat.
Ashley Kilbane did not respond to the community survey.
John Spellacy is running unopposed in the Democratic primary for a seat starting Jan. 3, 2025, in the court’s General Division. There are no Republicans on the primary ballot for this seat.
John J. Spellacy did not respond to the community survey.
Timothy McCormick is running unopposed in the Democratic primary for a seat starting Jan. 4, 2025, in the court’s General Division. There are no Republicans on the primary ballot for this seat.
Timothy McCormick did not respond to the community survey.
John P. O'Donnell is running unopposed in the Democratic primary for a seat starting Jan. 5, 2025, in the court’s General Division. There are no Republicans on the primary ballot for this seat.
John P. O'Donnell did not respond to the community survey.
Carl Mazzone, a veteran Cuyahoga County prosecutor, is running against Judge Nancy Margaret Russo, who has been on the bench since 1997. The two are seeking the seat long held by Judge Daniel Gaul, who was suspended from the bench for the remainder of his term. The seat commences Jan. 6, 2025.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
Each case has its own individual facts, and each individual defendant is his or her own person. The judge has a lot of variables to consider when exercising his or her wide discretion in sentencing. If two individuals have been convicted of the same crime, but receive disparate sentences, the judge should be able to explain why, and keeping data on each case can ensure the judge is consistent in sentencing individuals on his own docket, and consistent among his or her peers within the County. This data is not merely a “skin-deep analysis” of things like race, gender, age and prior criminal history. After determining whether a conviction carries a mandatory prison sentence, or if the law mandates a probation sentence, the Court should analyze things like: How many non-merging counts, are there multiple cases, are there priors? If so, how many? How did the Defendant do on Court Supervised Release (if ordered). If prior probation, were there violations, were there periods of time where the Defendant was capias [order for arrest], was there prior incarceration on a prior case.
All these need to be considered in fashioning an appropriate sentence for an individual – to say nothing of the input from victims under Marsy’s Law. Furthermore, I plan to utilize the Uniform Sentencing Entry developed by a committee appointed by the Ohio Supreme Court. The Uniform Sentencing Entry not only ensures that sentences are journalized properly as our sentencing code becomes increasingly complex and cumbersome, but also assists in keeping data so sentencing outcomes can be compared from county-to-county.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
First, we have to recognize and acknowledge that we all have implicit biases, whether we believe it or not. I will make sure that my staff and I attend DEI training at least yearly to stay on top of best practices to recognize, acknowledge, confront and overcome implicit biases.
During my 13 year career with the prosecutor's office, I have worked with individuals who run the entire racial, ethnic, and socioeconomic spectrum. Most often, however, the victims I have worked with (or their families in my homicide cases), are persons of color, and often do not share in many of the socioeconomic advantages that I have had. Many times, the victim, or victim's family members that I work with have felony records, or have been to prison. Occasionally, a family member of a homicide victim is someone that I have prosecuted in years past. Understanding that the victim of the crime I am prosecuting is/was a human being, with feelings, and with fears and questions about what is happening is paramount. I have approached each case with the mentality that I should be the prosecutor that I would want if my loved one were the victim of a crime.
As a judge, I would take the same approach, understanding that my role is not one of advocacy, but one of neutral judgment. Understanding that a criminal defendant has fear, and apprehension about what is happening in that courtroom. I will again treat that defendant as I would want to be treated as a human being. Would I be the type of judge that I would want to judge me? It's about understanding that a defendant with a prior criminal record is on trial for a DIFFERENT offense, and not prejudge them for what may have happened in the past – because the defendant is innocent of the crime charged – in spite of their prior criminal record – until proven guilty by the state. When convicted, I will consider ALL mitigation when determining sentencing – looking at the person as a whole, including any mental health issues, substance abuse issues, and any prior criminal history. My personal beliefs must be checked at the door. A judge's job is to apply the law – whether we agree with the law or not – and mete out justice fairly and equitably.
In recent years, Cuyahoga County has made reforms to its bail system and reduced reliance on cash bail. Have they gone too far or not far enough? Why?
I believe Cuyahoga County's reforms to the bail system are on the right track. There is still room for improvement. Over the last several years – particularly since the onset of the COVID-19 pandemic, the bail system has shifted away from cash bonds with a 10% provision on low-level non-violent offenses, to personal bonds with the use of Court Supervised Release, and/or the use of ankle monitoring. Today, most defendants in the county jail are held pending trial for either an Unclassified Felony (Aggravated Murder/Murder), or Felony 1, or Felony 2 offenses. Most of the defendants in jail on Felony 4, or Felony 5 offenses are there not because they cannot post a cash bond, but rather, because they have a holder on them by either the probation department and are awaiting a hearing on a violation, the Adult Parole Authority – also awaiting a hearing on a parole violation, are wanted in another jurisdiction and that jurisdiction has a holder on a warrant, or are individuals who are awaiting a bed to open up at a residential treatment facility (while the County Jail is not a pleasant place, it is probably better to have someone ordered to in patient treatment to be under supervision of professionals rather than out on the street where they may relapse while waiting for an available spot at a treatment facility).
There is room to improve on all stakeholders’ parts. When a defendant is charged with a Felony 1 or 2, oftentimes it is based on an initial police report without the follow up investigation completed – ergo, what initially sounds like a Felony 1 or 2 offense on arrest, is really a lower level offense, or is worked out to a lower level offense. The Court, which always has jurisdiction over bond, should be more proactive in discussing review of bail with the parties. Defense attorneys should be more diligent in filing reduction motions as discovery progresses and a fuller picture of the incident becomes more clear. The prosecutor's office should, when possible, refrain from directly indicting higher felonies (where a defendant is not in custody) until a full investigation is completed.
The bottom line is that absent a hold on a Defendant, individuals who do not pose a threat to the community, or themselves, should not be detained in the County Jail awaiting trial.
Should judges be elected? Why or why not? If not, how do you think judges should be chosen?
The law in the State of Ohio is that we elect our judges. While it gives the public a direct say in who becomes a judge, many voters select judges based on name, or at random, or – worst of all, ignore those races altogether. This system is why we have so many judges with similar surnames, and no matter how many outlets discuss ending the so-called "name game" this is the reality of our system and we all must deal with it. I am experiencing this in my own race. I am running in an open seat, but my opponent, who has been a sitting judge for 27 years is also running for this open seat because when their term ends in early 2027 they cannot run again due to Ohio's age limit. She has an incredibly familiar ballot name which, in spite of all the endorsements I have earned over the last several months, is still a major hurdle to overcome. If I win, my opponent still has the privilege of serving as a judge for another two full years, and if I don't, my opponent gets a new, full, six year term, and is permitted to circumvent the mandatory retirement for an additional four years, and sit on the bench until 2031.
I would favor a system similar to what Missouri has done since the 1940s. Under the nonpartisan court plan, any person who meets certain constitutional requirements may apply for a judicial vacancy. From that pool of applicants, a commission consisting of citizens, attorneys and a judge selects three candidates for the judicial vacancy. The commission forwards these candidates' names to the governor, who then selects a judge from among the three candidates. After the judge has served on the bench for at least a year, the judge stands for retention by the voters at the next general election. A simple majority of "yes" votes suffices to keep the judge in office for a full term. Unlike judges in the federal system, judges in Missouri do not serve for life. Regardless of whether they are elected or selected under the nonpartisan court plan, a judge serves only a specified term of years, which varies from four years to 12 years depending on the level of the court on which the judge sits. In addition, the Missouri constitution requires all state judges to retire at age 70. In the retention election, the Missouri Bar for years has attempted to fill this information gap by surveying lawyers who appear before the judges who are on the ballot. The judges are rated on a number of factors – including knowledge of the law, courtesy and judicial temperament – and the results of the survey are publicized widely.
This system has been adopted, in some form, in more than 30 states for its virtues, including the screening of candidates for their qualifications. Its eradication of partisan contested elections for the judicial offices to which it applies also eliminates the need to raise money, seek political endorsements, and conduct regional or statewide campaigns for partisan contested elections.
Cuyahoga County has programs to give people a chance to avoid conviction and jail for certain crimes. How well do you think these programs work? Would you like to see any other kinds of programs?
Based on my experience, these programs are working as well but can be improved and expanded. Today, we are diverting more cases than ever before through traditional diversion programs. In the last decade, we have added three additional drug court dockets, two additional mental health dockets, and expanded the criteria for diversion, as well as intervention in lieu of conviction (a diversion program for those with substance abuse issues that lead to the crimes they committed) in order to serve more defendants, and not just first time offenders. We have added a Violence Intervention Program, and a Veterans Treatment Court. The court's first and foremost function on the criminal side should be to advocate for rehabilitation of offenders. And that is to say nothing of the Re-Entry Court program founded in 2007 that continues to change and improve lives.
What I would like to see is a program where we can connect probationers to the trade unions. Oftentimes defendant's I've dealt with have stated that they "rehab houses" or do "demolition work" under the table. If we can set up a program where individuals with interests in carpentry, masonry, etc. and connect them with apprentice programs with our trade unions (who are experiencing a shortage of skilled labor) we can really set some folks up for success – not only with a skilled trade, but union membership with healthcare, some job security, and a path to upward mobility.
How would you grapple with handing down a decision that would upset a victim or their family, or a defendant or their family?
A judge cannot be afraid to make tough decisions, and I will not shy away from that responsibility.
As a prosecutor handling homicide cases, I have to have difficult discussions with families of murder victims on a weekly basis. Since the legislature changed the self-defense laws several years ago, our office now has a committee that reviews homicide cases (often before they're charged) to determine if a self-defense claim is likely. I have had dozens of terribly difficult conversations with the families of those victims to tell them we will not be charging the case in the death of their family member. I also often have to explain to families that a case will likely result in a plea agreement that will not reflect what they believe the sentencing outcome can be. These conversations, almost without exception, bring raw emotion out. But as a prosecutor my job is to do justice, no matter how difficult, as it is the State who brings the case. Not the victim's family. I have never been afraid to have these difficult conversations.
As a judge, I will have to exercise the same courage to make decisions that are just, and not necessarily popular. I will also make sure that those decisions are made with care, and a thorough explanation on the record so that everyone can understand how I arrived at that decision. Litigation is difficult. Nobody will ever walk away feeling whole. Understanding that going into the role is critical.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
In criminal cases when deciding sentences of prison or probation; and when evaluating people for Re-Entry Court and granting judicial release.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
I do that by following my oath, by listening with empathy and utilizing emotional intelligence. For me, putting on the robe is a reminder that I am recommitting to my oath to be fair in all ways, cloaked in neutrality, devoid of any bias. I think the most important thing a Judge can ask someone at sentencing is not, "What happened in this situation?" But, "What happened to you; what happened that led you to this decision?" By asking that question, the Judge will learn and expand their understanding, but more importantly, it is an opportunity to help.
In recent years, Cuyahoga County has made reforms to its bail system and reduced reliance on cash bail. Have they gone too far or not far enough? Why?
I have learned a great deal from the reform efforts. When I first came on the bench, bail was almost 100% c/s/p [cash/surety/property bonds]. As I served more years on the Bench, I began to use pretrial services in nearly all cases and found that pretrial services were more likely to ensure success and appearance in cases with all types of bonds. The shift to more personal bonds initially raised concerns about appearance and public safety, but I have found it to be effective. It is a good reminder that all systems, including governments and Courts, need to be open to change and willingness to change should be encouraged and respected. It is the only way we can make things better: listening to the users of our system and implementing progressive change. I have definitely seen the positive change from the reforms. The change has been good.
Should judges be elected? Why or why not? If not, how do you think judges should be chosen?
Yes, definitely elected. I believe the only way to create diversity on the bench is by election. By diversity, I mean not only what is assumed to be diversity but also diversity of life experience, diversity of family experiences, diversity of socio-economic background, diversity of race/gender/sexual orientation, diversity of prior work experience. I do not believe appointing Judges creates equal opportunity, nor diverse representation on the Bench.
Cuyahoga County has programs to give people a chance to avoid conviction and jail for certain crimes. How well do you think these programs work? Would you like to see any other kinds of programs?
They work well. As the Re-Entry Court Judge, though, I am disappointed at the lack of attention on the success of Re-Entry Court and of its graduates. Re-Entry Court tends to be overlooked because it is a post-conviction program. It is higher risk but very high reward. The Re-Entry Court and its participants deserve more support from the community; not less because they were in prison.
How would you grapple with handing down a decision that would upset a victim or their family, or a defendant or their family?
I have had this experience many times. A Judge has to be willing to be disliked, disagreed with, criticized. A Judge can never let fear of criticism deter them from doing what the law requires, or what discretion demands. It is difficult, but necessary, to be brave. A good Judge accepts that people in court are in crisis and conflict; there really are no winners in court situations. The important thing is to be transparent and explain the decision clearly and transparently, and to respect those who disagree.
Lauren C. Moore is running unopposed in the Democratic primary for a seat starting Jan. 7, 2025, in the court’s General Division. There are no Republicans on the primary ballot.
Lauren C. Moore did not respond to the community survey.
Fallon Marie Radigan is running for a Common Pleas General Division seat long held by Judge John D. Sutula, who is retiring. Also in the primary race are: Mollie Ann Murphy and Ray Tarasuck. They did not respond to candidate surveys. The winner of the race will face Republican Tim Hess in the general election for the seat which commences on Jan. 8, 2025.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
Discretion allows you to evaluate each case separately based on the facts of the case and the individual. The sentencing guidelines are a tool judges can reference, but ultimately the judge decides a sentence in a way they feel is appropriate.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
A criminal justice system should be color blind to outside bias. Each person and case should be treated individually – not what someone looks like or where they come from. I think continuing community outreach and education is a key component as well.
In recent years, Cuyahoga County has made reforms to its bail system and reduced reliance on cash bail. Have they gone too far or not far enough? Why?
With regards to the bail system, the courts seem to have utilized personal bonds on lower-level felonies in order to keep the individuals that commit these crimes out of jail during the pendency of their case. I think utilizing the bond commission recommendations helps with the bail system. I think it is trending in the right direction.
Should judges be elected? Why or why not? If not, how do you think judges should be chosen?
Currently, I think electing judges works but it needs improvements. I think we can do a better job at their qualifications. We need to elect judges that not only have the qualifications but understand how the court they are seeking works. If you are not in that building day in and day out, you do not know the issues that arise and what needs to be fixed. We need to focus more on individuals that want to be judges to help make changes, not just to wear a robe.
Cuyahoga County has programs to give people a chance to avoid conviction and jail for certain crimes. How well do you think these programs work? Would you like to see any other kinds of programs?
I think the programs like diversion and drug treatment programs are working well. I would like to try to establish a human trafficking docket for adult court, like juvenile court has in Safe Harbor. Judge Synenburg has tried to establish one, but more grant money would be needed, and outside partner agencies would need to be brought in. I believe there are funds for this, and it is necessary in our community.
How would you grapple with handing down a decision that would upset a victim or their family, or a defendant or their family?
As a judge, you are in the position to make the difficult decisions when it comes to sentences. No one case is the same. After following the sentencing guidelines and evaluating those guidelines to the case, I would explain my position and reasons why I gave a certain sentence. You have to make the tough decisions even if it is not popular. In my current position, if I don't have probable cause on a case, we cannot charge it and this has to be explained to victims or police officers. This is also true when I explain my position when it comes to sentencing.
Mollie Ann Murphy did not respond to the community survey.
Ray Tarasuck did not respond to the community survey.
Emily Hagan is running unopposed in the Democratic primary for a seat starting Jan. 9, 2025, in the court’s General Division. There are no Republicans on the primary ballot.
Emily Hagan did not respond to the community survey.
Joy Kennedy is running unopposed in the primary for one of the 34 seats on the Cuyahoga County Court of Common Pleas General Division bench. In November, she’ll face Republican Ami Imbrogno. The seat commences Jan. 10, 2025.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
If elected, I would use my discretion by considering the unique circumstances of each case, weighing the evidence, and interpreting the governing legal principles in making every decision.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
I would keep my own biases in check by only considering the evidence before me, as each case presents a unique set of circumstances that requires a unique and well-crafted decision.
In recent years, Cuyahoga County has made reforms to its bail system and reduced reliance on cash bail. Have they gone too far or not far enough? Why?
Bail reform is necessary to address issues of inequities within the criminal justice system. I believe this is an ever-evolving matter that must constantly be addressed to promote equal access to justice and prevent unnecessary pretrial detention.
Should judges be elected? Why or why not? If not, how do you think judges should be chosen?
Whether or not judges should be elected or appointed is debatable. To me, it depends on the legal and political context of each jurisdiction. Whether elected or appointed, the process should be fair and impartial, and the question remains as to which process can produce the fairest outcome.
Cuyahoga County has programs to give people a chance to avoid conviction and jail for certain crimes. How well do you think these programs work? Would you like to see any other kinds of programs?
I believe that the various programs designed to give people a chance to avoid conviction and jail for certain crimes are a beneficial rehabilitative tool. In many cases, the program helps redirect unhealthy habits and fosters growth and development for the individuals involved.
How would you grapple with handing down a decision that would upset a victim or their family, or a defendant or their family?
I understand that being a judicial officer can be emotionally challenging, as you must weigh the impact that your decision will have on victims, their families, and defendants and their families. I will be mindful of this as I also balance the impact of the crimes as it relates to the safety of the community.
Daryl T. Dennie is running unopposed in the Democratic primary for a seat on the court’s General Division. In November, he’ll face Joan Synenberg, a Republican. The seat commences on Jan. 11, 2025.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
Discretion may be the most valuable tool a judge has. Discretion denotes alternatives. I will use my discretion in every decision made to insure I am making the most fair and reasonable ruling or decision on the issue before me.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
I strongly promote equal access to justice. I know what bias looks like, and I know the damage caused by it. My decisions will be based on the law as applied with fairness and impartiality.
In recent years, Cuyahoga County has made reforms to its bail system and reduced reliance on cash bail. Have they gone too far or not far enough? Why?
As a practicing criminal defense attorney, now public defender, I have argued for bond reductions many times. Bonds have gotten better, however there are many instances where a low 10% bond is too much for a client to pay and they sit in county jail because they simply have no money. Yes, we need to consider public safety when setting bonds but there are systems in place to accomplish that end.
Should judges be elected? Why or why not? If not, how do you think judges should be chosen?
This is a great question and I have heard non-lawyers debate the issue of election versus appointment. I believe the election system offers the best opportunity for any person to achieve the dream of becoming a judge. In my opinion, it is the most fair. Let the citizens, who we serve, make the decision.
Cuyahoga County has programs to give people a chance to avoid conviction and jail for certain crimes. How well do you think these programs work? Would you like to see any other kinds of programs?
I find that these programs do work and provide great resolutions for many. I would be open to any programming that offers a person an opportunity to do better where such an option exists.
How would you grapple with handing down a decision that would upset a victim or their family, or a defendant or their family?
Frankly, it will be part of the job. In some instances a very difficult part of the job. I will have to trust that my decision is fair, impartial and just.
Cassandra Collier-Williams is running unopposed in the Democratic primary for a seat on the court’s General Division. In November, she’ll face Jason Ralls, a Republican. The seat commences on Jan. 12, 2025.
Cassandra Collier-Williams did not respond to the community survey.
Three candidates are running for a seat previously held by Judge Michael Russo, who died in October after a long illness. The candidate who prevails in the primary will face Republican Timothy Clary in the General Election. Clary was appointed to fill Russo's seat by Gov. Michael DeWine.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
I will objectively review every case with the goal of protecting the public and upholding the law. I will use my discretion as I currently do as a magistrate – to issue innovative decisions, sentences when necessary and ensure fairness for the defendant.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
I will use my experience as an attorney, a former prosecutor, and magistrate to examine each case individually, taking into account the facts of each case and applying the law. Data and transparency will also be important to me when determining sentencing. Additionally, by being active in our communities, I have my finger on the pulse of Cuyahoga County’s most pressing needs. My nonprofit work has allowed me to better serve those that come before me as a magistrate and will do the same for me if elected as a judge.
In recent years, Cuyahoga County has made reforms to its bail system and reduced reliance on cash bail. Have they gone too far or not far enough? Why?
Bail reform, especially in the wake of the COVID-19 pandemic, has reduced the Cuyahoga County jail population from approximately 2,200 in March of 2020 to approximately 1,400 currently. Bail reform is still a work in progress, but we can continue to make headway by making sure our courts have enough GPS monitors for those being considered for supervised release. The purpose of bail is to ensure the person will appear before the court, so taking into account public safety and whether the individual is a flight risk is very important. Further reforms could focus on distinguishing between violent and nonviolent crimes.
Should judges be elected? Why or why not? If not, how do you think judges should be chosen?
Judges should be elected because it allows the voters to have a say over who makes the rulings that often directly impact their lives or the lives of their neighbors. However, more requirements could be in place to ensure all judges meet a minimum standard of qualifications.
Cuyahoga County has programs to give people a chance to avoid conviction and jail for certain crimes. How well do you think these programs work? Would you like to see any other kinds of programs?
Cuyahoga County’s programs have been working to divert individuals out of the typical justice system path and to get them back on track. Based on my nonprofit background, I will be able to help the Court develop additional collaborations with community organizations to create wraparound services for those with lower level, non-violent felonies. The court can assist in reducing recidivism by helping address some of the root causes of crime such as food insecurity, housing insecurity, trauma and barriers to employment.
How would you grapple with handing down a decision that would upset a victim or their family, or a defendant or their family?
If elected judge, there will be times I will have to make some difficult and unpopular decisions. I pledge to do my best to apply the law and protect the community in each case. I will also prioritize communication with victims and their families as well as to the defendant and their families to explain the findings of fact that went into determining the result. My background and experience as a former educator (substitute teacher), giving trainings and talks across the state, and teaching CLEs [Continuing Legal Education] has provided me with the skills to explain the process, the reasoning behind my ruling, as well as the law being applied. I do this every day for the cases I preside over as a magistrate and this helps build trust within our communities.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
I currently use discretion on a daily basis while working in Court as a trial attorney when evaluating cases and making plea offers. As a judge, that experience would be invaluable when making decisions on bail or crafting sentences, particularly when deciding whether a sentence merits probation or incarceration. The cases that are handled in the Justice Center are diverse and unusual so you need to use discretion when crafting sentences.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
You have to set aside any preconceived thoughts you have and evaluate a case on the facts and apply the law fairly to all citizens who come before you. You have to remind yourself that Cuyahoga County is a large and diverse county and be calm and fair while focusing on the law so as to avoid implicit biases affecting sentencing.
In recent years, Cuyahoga County has made reforms to its bail system and reduced reliance on cash bail. Have they gone too far or not far enough? Why?
Progress has been made regarding bail reform since I started practicing in criminal law. There is less reliance now on cash bail for low level non violent offenses. For example, typically on the Mental Health docket, low level offenders have a release plan linking them with services when they first come in and their bail is adjusted accordingly. I believe that cash bail does not necessarily equal safety but there are cases where personal bonds are not appropriate and you must weigh the statutory factors when setting bail such as the seriousness of the offense, the probability of the defendant appearing and prior criminal record.
Should judges be elected? Why or why not? If not, how do you think judges should be chosen?
I do think that Judges should be elected as they make life altering decisions affecting our community. All citizens should have a say in who is representing them; however, there should be a stronger vetting process about candidates' credentials. For example, if you seek to preside over a trial court, like Common Pleas Court General Division, you should have felony criminal or civil trial experience, as you are making life altering decisions. The citizens who come before you deserve to have a competent Judge who has practical knowledge of the law.
Cuyahoga County has programs to give people a chance to avoid conviction and jail for certain crimes. How well do you think these programs work? Would you like to see any other kinds of programs?
I think these programs work well but could be expanded. Currently, the diversion program does good work helping people to avoid conviction while still taking responsibility for their actions. These programs allow people the opportunity to avoid a conviction that could seriously impact their ability to obtain and/or maintain certain jobs. I think that this is a good thing but could be expanded. There are also programs like Drug Court which seeks to support and help people maintain sobriety and stay on track. Currently, the Court has a combined Mental Health and Developmental Delay [Disabilities] docket. There is a push for a separate Developmental Delay [Disabilities] docket which would be beneficial as it can allow more tailored services depending on which docket you would qualify for.
How would you grapple with handing down a decision that would upset a victim or their family, or a defendant or their family?
I currently work in criminal law and practice within the Justice Center. I have difficult conversations with people about their cases on a daily basis. While it can be difficult to have conversations, whether it is about the facts of a case or providing clarity on the strengths and weaknesses of a case, it is best to be honest and upfront so that people are not surprised later. As a judge, I would be the same way. It is best to be direct, calm and honest when handing down a decision that may upset either party. Whether you are a Defendant or a victim, you are likely experiencing the worst day of your life when you come to Court. There is no need to prolong the decision or berate someone during sentencing.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
It is important to address each case and each individual’s unique needs on a case-by-case basis to best set them up to successfully move on from this case in the future as a productive member of society, and it is important that a judge not be so far removed from the people that appear in front of them that they do not realize when they are imposing sentences/conditions that set a person up to fail. Practicing criminal defense litigation for the past decade means that I have had the opportunity to not just briefly interact with those that would appear in front of me, but actually get to know them at length throughout my representation of them, making me more mindful of the significance/impact of any judicial decision on the parties involved – whether handing down sentences/conditions or even just making every day decisions like whether to continue a court date.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
As a practicing attorney, I already represent every client diligently regardless of race, ethnicity, gender identity, age, background, financial limitations, politics, etc. and would continue to treat everyone with fairness, respect, and humanity from the bench. I would also hire a bailiff and staff attorney that would do the same.
Practicing criminal defense litigation out of an office in Cleveland's Buckeye neighborhood for the past decade, I handle cases for not just retained clients but also for assigned clients that have been declared indigent. I have had the opportunity to not just briefly interact with those that would appear in front of me, but talk with them at length throughout my representation of them. Ultimately, I think this makes me more mindful of the significance and impact of any judicial decision, even smaller seemingly trivial decisions on the parties involved. For example, even a decision to continue a court date means that I have to go have a conversation with my financially limited client about how they will take off work again, find childcare, find transportation, etc. and the reality is that I have this and similar conversations with my clients far too often. As such, I would bring an additional mindfulness to any decision, understanding just how far reaching an impact any decision might have, because I've had these conversations and seen the impact of these decisions firsthand. A judge should not be so far removed from the people that appear in front of them that they lose sight of the fact that the majority of those that appear in the court system are indigent and very financially limited, perhaps even homeless. Only with further discussions and awareness of someone's circumstances can a judge best find creative and innovative solutions to adequately address an individual's needs on a case by case basis. I have already been doing that through my practice for the past decade and would be prepared to continue to do that from the bench.
In recent years, Cuyahoga County has made reforms to its bail system and reduced reliance on cash bail. Have they gone too far or not far enough? Why?
The reality is that the majority of those that sit behind bars in the Cuyahoga County jail merely have pending cases and are still legally innocent. And yet, there is often a discrepancy between who sits in jail simply because they cannot afford to pay a lower bond for a lower level offense compared with some charged with higher level offenses with higher bonds that are able to be out in the community with their families and working simply because they can afford to pay. Ideally, the only people that should be in the county jail while their cases are pending are those that are threats to public safety. I’ve observed more awareness from judges on this issue in recent years, but there is still progress to be made, which I would hope to continue to address from the bench.
Should judges be elected? Why or why not? If not, how do you think judges should be chosen?
Yes. Electing judges is certainly not a perfect system. Qualities that should matter in a candidate like experience and judicial temperament are not necessarily known or considered by those voting. But, appointing judges would be even more subjective and so electing judges is still the better option.
Cuyahoga County has programs to give people a chance to avoid conviction and jail for certain crimes. How well do you think these programs work? Would you like to see any other kinds of programs?
Many people assume that the worst felony someone can get is a murder charge....but in reality, the worst felony someone can get is their first felony, because the second someone gets a felony on their record, it severely limits their employment opportunities and other opportunities available to them going forward. First offender programs that allow someone to avoid a felony if they successfully complete the program or even expungeable felonies that allow someone to potentially get the felony sealed in the future are so incredibly important for this reason. As a criminal defense attorney, I already strive to get my client such an outcome when possible, including educating my clients on applying for expungement in the future once eligible. I would continue to educate those in front of me on these options from the bench and encourage them to take advantage of an expungement opportunity when available.
About a year ago, the county received a grant to go towards revamping the current Mental Health and Developmental Disabilities specialty docket and, in trying to figure out which current issues need to be addressed, they sat down with not just mental health professionals but a few of the attorneys that frequently handle these types of cases. Because I already do extensive work representing those on this docket, I was one of the attorneys that was contacted to provide input. I had the opportunity to sit down with them and give insight into some of the issues I have observed firsthand as well as give advice for how to possibly address them. One of the things I was excited to learn they were considering concerned adding additional mental health and developmental disabilities specific diversionary tract options to those that qualify for the specialty docket, and I look forward to seeing them implemented. I know that they are currently in the process of implementing some of these changes, but I hope to advocate from the bench for increased awareness of any additional issues or opportunities as they arise.
How would you grapple with handing down a decision that would upset a victim or their family, or a defendant or their family?
No judicial decision should be taken lightly. Every day, I see firsthand just how much power judges have over the people that appear in front of them and how far reaching the impact of any judicial decision might be, even seemingly trivial judicial decisions. I think it is important to recognize and be mindful of how significant that impact might be and would treat everyone that came before me with basic humanity and respect. The result might not always be the outcome that someone that came before me hoped for or asked for, but at least they would leave my courtroom feeling like they had an opportunity to be heard.
Republican Primary Race - Court of Common Pleas General Division
Antonio S. Nicholson is running unopposed in the Republican primary for a seat starting Jan. 1, 2025, in the court’s General Division. Kevin Kelley is running unopposed in the Democratic primary. They'll face each other in November.
Antonio S. Nicholson did not respond to the community survey.
Tim Hess is running unopposed in the Republican primary. In the general election, he’ll run against the person who wins the Democratic primary. In that race are Fallon Marie Radigan, Mollie Ann Murphy and Ray Tarasuck. The seat commences Jan. 8, 2025.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
In Ohio, Judges have a wide latitude of discretion when it comes to felony sentencing. I believe every case is different and each defendant should be treated on a case-by-case basis when it comes to sentencing.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
Under the United States Constitution and the Constitution of Ohio, all men are created equal. Additionally, Lady Justice wears a blindfold to signify that justice is blind. The color of your skin, religious affiliation, sexual orientation, age, national origin, or socioeconomic background has no place in the courtroom. Everyone is to be treated equally under the law.
In recent years, Cuyahoga County has made reforms to its bail system and reduced reliance on cash bail. Have they gone too far or not far enough? Why?
I believe in some instances they have gone too far. Too often we hear of a violent offender being released on a low bond only to get back out into the community and commit another heinous crime of violence. Community safety needs to take priority when setting bond/bail.
Should judges be elected? Why or why not? If not, how do you think judges should be chosen?
I have some conflicting ideas as to the election of judges versus appointment. If judges were to be appointed, I believe it should be done by a council formed from the electorate such as lawyers and various elected officials from both parties. I do not believe that if judges are to be appointed, that it should be done by the executive branch, particularly the administration of one executive office.
Cuyahoga County has programs to give people a chance to avoid conviction and jail for certain crimes. How well do you think these programs work? Would you like to see any other kinds of programs?
I believe in certain circumstances these programs are successful and a valuable asset to the court, the community, and to the defendant. The mental health court implemented in the Cuyahoga County Court of Common Pleas has come a long way, and like many other things in our system, it can always be improved. I would like to implement a system through our probation department that finds low level offenders and persons charged with drug crimes a job in our community. Cleveland is well known for being a union town. I would like to see our courts and probation department work with local unions to find probationers jobs within the unions and trades.
How would you grapple with handing down a decision that would upset a victim or their family, or a defendant or their family?
First and foremost, a conversation should be had with an aggrieved family of a victim as to why the decisions that were made were necessary. That goes the same way for the family of an offender who may receive a lengthy prison sentence. An acceptable explanation to the family of the defendant may help them understand the decisions that were made by the Court.
Amily A. Imbrogno is running unopposed in the Republican primary. In the general election, she’ll run against Democrat Joy Kenney for the seat commencing Jan. 10, 2025.
Amily A. Imbrogno did not respond to the community survey.
Joan Synenberg is running unopposed in the Republican primary for a seat on the court’s General Division. In November, she’ll face Daryl T. Dennie, a Democrat. The seat commences Jan. 11, 2025.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
The evidence in a case, the law governing a case, the pleadings and arguments of counsel, the victim’s allocution (if any) contribute to my exercise of my discretion.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
Statutory guidance is provided when passing judgment in a criminal case, which does not include race or social background or identity. It is appropriate to also consider case precedent. I make every effort to help every person in my courtroom move to a positive path forward regardless of their station in life.
In recent years, Cuyahoga County has made reforms to its bail system and reduced reliance on cash bail. Have they gone too far or not far enough? Why?
The setting of bail is made on a case by case basis considering the factors set forth in Criminal Rule 46, presentations of counsel, and any person permitted to speak pursuant to Marsy's Law. It is a complex issue that can only be evaluated when more time has passed to consider the changes that have been made.
Should judges be elected? Why or why not? If not, how do you think judges should be chosen?
Cuyahoga County is a one party county today. All but one of the over 50 elected judges in Cuyahoga County are from the same party. As a result, judicial elections are not based on merit, experience or ability but on political association. One alternative may be to appoint judges by a bipartisan committee and have them run every 10 years in an unopposed election to retain the seat.
Cuyahoga County has programs to give people a chance to avoid conviction and jail for certain crimes. How well do you think these programs work? Would you like to see any other kinds of programs?
I presided over a Mental Health Developmental Disability docket for 5 years. I presided over the first Ohio Supreme Court certified dual diagnosis specialized docket for over 9 years. Since August 2023, I have presided over the first felony human trafficking Ohio Supreme Court certified specialized docket in Ohio. People who participate in a drug court, even if they do not graduate the program, have a lesser likelihood of recidivism. So, yes, I do believe that these programs work.
Born out of the needs of the people we serve on those specialized dockets, and in partnership with the Legal Aid Society, the generous volunteerism of civil lawyers, and the Nord Family Foundation, I created the Pro Bono Collaborative. We are in our sixth year. We meet once a month in my courtroom with multiple social service agencies on site to also assist our clients. Lawyers meet with clients largely from a criminal docket to assist with their non-criminal matters. We have helped over 1,000 clients with the assistance of hundreds of lawyers. A consumer debt docket would be a welcome addition to our court as I see impoverished people taken advantage of in a disproportionate number.
How would you grapple with handing down a decision that would upset a victim or their family, or a defendant or their family?
It is common for people to seek different outcomes in cases. The process is adversarial in nature. In striving to achieve a fair decision I consider every person's position, deliberate carefully and explain my decisions thoroughly.
Jason Ralls is running unopposed in the Republican primary for a seat on the court’s General Division. In November, he’ll face Cassandra Collier-Williams, a Democrat. The seat commences on Jan. 12, 2025.
Jason Ralls did not respond to the community survey.
Timothy Clary is running unopposed in the Republican primary for the seat on the court’s General Division. Clary was appointed by Gov. Mike DeWine to fill the seat previously held by Judge Michael Russo, who died in October. In November, Clary will face the winner of the Democratic primary. In that race are Kira Krivosh, Fallon Kilbane McNally and Jennifer McTernan.
Timothy Clary did not respond to the community survey.
Democratic Primary Race - Court of Common Pleas Juvenile Division
The Democratic primary race for this seat has two candidates. Joseph P. O'Malley and Alison Nelson Floyd. Floyd did not respond to the candidate survey.
As a judge, one tool you have is discretion. In one or two sentences, how will you use it?
In dealing with juveniles, discretion will be critical when it comes to discretionary bindovers (transfers to the Common Pleas Court for trial as an adult). It will be one of the most important decisions I will make as a Judge. Also, the careful use of discretion when placing children in abusive or neglect situations with other family members, foster care, or a different parent will be equally as important.
How would you keep your own biases and personal beliefs in check when deciding cases involving people of different races, economic or social backgrounds, identities or life experiences?
Every person that would come before me would be treated the same regardless of race, gender, ethnicity, or social or economic background. This is how I have chosen to live my life and so it will be no different if I am elected.
Cuyahoga County transfers more children to adult court than anywhere else in the state. Under current laws, do judges have enough discretion in deciding whether to transfer children or to keep them within the juvenile system?
I think the debate about transfers to adult court could last hours. I would say that my duty as a judge is to follow the law that is in place. The legislature has created a category of cases that fall under discretionary bindovers. So as a judge, I will use the criteria that is established by law to determine the appropriate path relative to transfer for each and every case that falls under the discretion of the judge.
Do you believe juvenile court judges should directly select private attorneys to represent children in delinquency or other cases? If yes, explain why. If not, what system would work better?
I think juvenile court judges should directly select qualified, skilled, and competent attorneys to represent children in delinquency and other cases. I believe a necessary mix of private attorneys and Cuyahoga County Public Defenders is required to meet this goal.
Do you feel the juvenile court system has enough resources or the right types of resources to get children the help they need? If not, what is missing?
My experience and review of the juvenile court system makes me believe we have great resources and programming at our disposal. From early intervention through supervision, programs and resources are designed to reach the ultimate goal of lowering the rate of recidivism amongst juveniles while at the same time teaching meaningful life lessons. If we had unlimited resources we could always do more, but we are doing what we can within the financial constraints that are imposed.
No Republicans are on the primary ballot for a seat in the Court of Common Pleas Juvenile Division.
This article was published in partnership with The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system, and Signal Cleveland.