With the well-deserved election of Chris Martin to the Court of Common Pleas of Franklin County there is an opening on the Fairfield County Municipal Court. A person appointed by the governor will fill this position. Traditionally, the local party sends the names of several qualified candidates to the governor to aid him in his selection. Given the nature of the position, it is important for the county executive to solicit the opinions of the attorneys in the county who know the candidates. Accordingly, the Fairfield County Bar Association, an apolitical organization comprised primarily of the attorneys and judges actively practicing in the county conducted a poll. The overwhelming majority (over 90%) of the bar felt that Richard Berens was the most qualified to fill this position. In short, it was the nearly unanimous opinion of the lawyers and judges in this county that Mr. Berens should be appointed to this position.
For those familiar with the practice of law in this community, this is not surprising. Richard Berens is a past president of the Fairfield County Bar Association and generally considered to be one of the best criminal law attorneys in the county. He is also a staunch Republican. He has served as the treasurer of the county party and last year was voted ?“Republican of the Year?”. Given the glowing recommendations of the bar and his Republican credentials, one would think that his name would be included on the list sent to the governor.
Chairman Brian Fox has, however, chosen not to forward Mr. Berens for petty political reasons. This is unfair to Mr. Berens and to the citizens of this community who are potentially deprived of the opportunity to have the attorney deemed most qualified by his colleagues serve as a judge in this county. Moreover, it is debasing to the party itself as it sends a message that Mr. Fox is more interested in Tammany Hall politics than finding the individual most qualified to serve as judge. This, along with Mr. Fox?’s exclusion of two of the largest Republican Clubs in this county (the Lincoln Club and the Northwest Fairfield County Republican Club) amply demonstrates that Mr. Fox is not interested in a Republican Party that serves the citizens of this county, but is only interested in seizing the position for use as part of machine politics.
While this is inappropriate in and of itself, it is particularly offensive when such petty machinations effect the selection of a judge.
None of this is meant to disparage the other fine individuals whose names were sent to the governor. While I am sure that the other candidates are fine attorneys who will do their best if selected, the simple fact is that it was wrong to exclude from consideration the person deemed best qualified by his own peers. Accordingly, I would ask that people write the governor to ask that he, as a matter of fairness, consider Mr. Berens along with the other candidates before filling this position. Since it is likely the appointment will be made this week, you should write as soon as possible.
By David Shaver
