Five judges, each elected to six-year terms, serve on the court. Judge Stephen Powell, whose term ends this year, is not running for reelection after victories in 1994, 2000, 2006, 2012 and 2018.
Because there is no one from the Democratic Party vying for a spot on the ballot, whomever wins the primary essentially wins the November election, as well.
Barbara Carter
Carter earned an undergraduate degree from Eastern Kentucky University, and her law degree (Juris Doctor) from the University of Cincinnati. She said she has more than 30 years of experience as a private attorney, staff attorney, assistant prosecutor, and judge.
She has been a trial judge since 2011 and was a magistrate from 2005-2011 and an assistant prosecutor for 11 years. She said in her tenure as an assistant prosecutor, she helped found the Butler County Drug Court, and later specialized in prosecuting family violence cases.
Carter was eventually hired by the Ohio Supreme Court to administer grants and lend technical assistance to treatment courts through the Supreme Court.
Melena Siebert
Siebert earned a degree in marketing from the University of Cincinnati and said she had a successful sales career for eight years. She then chose to stay home with her children for 15 years.
At 46 years old, she said she fulfilled a lifelong dream and went to law school, also at UC. She works as an attorney for the Bopp Law Firm. Her practice focuses on constitutional and election litigation, with special emphasis on the First Amendment, election integrity, ballot access, and right-to-life litigation.
We asked both candidates a series of questions about this position and what they believe makes them qualified for it. This is what they said.
Q: What are the most important traits in a competent, successful appeals court judge?
Carter: “A competent, successful appellate judge must have at least as much experience as the trial judges whose decisions she will review. The experience must include extensive experience and should include both criminal and civil experience. Time on the trial bench is extremely helpful. An appellate judge must have the background in Constitutional Law, but also Ohio state laws, the Ohio Rules of Criminal and Civil Procedure, and the Ohio Rules of Evidence.
Siebert: “An appellate judge must have a strong skill set in reading, analyzing, and writing about law since she will focus primarily on questions of whether the trial court made decisions correctly under the law. I believe a textualist and originalist approach to analyzing law is critical. This approach ensures the most faithful and accurate analysis of the underlying legal questions at issue in an appeal and prevents a judge from making decisions based upon her policy preferences, which is improper.”
Q: Why does your combination of experience and approach make you the best candidate?
Carter: “I am the only candidate with the above experience. I have 30 years of experience as an attorney and judge. I approach my cases by applying the Constitution and law as written and adhering to those laws as well as the Rules of court. My very real experience makes me the best candidate for the 12th District Court of Appeals.”
Siebert: “Judicial philosophy matters, especially at the appellate level. Of course experience matters - but it’s not just the years of experience that matter for this position, but the type of experience a candidate brings to the table and what that experience proves about that candidate’s judicial philosophy. My experience proves I have the strongest, most conservative judicial philosophy of anyone running in this race. I have practiced in trial and appellate courts, in both state and federal courts, all over the country, including in the Supreme Court of the United States. Virtually every case I litigate requires a complex analysis of the underlying statute or constitutional provision at issue. I understand how to analyze and write about law because it is what I already do in my practice. I also understand a judge’s job is to interpret law, not to write it according to her policy preferences.”
Q: Is there anything else you think is crucial to know about you, or this court and its recent cases, or this particular race?
Carter: “About me: I have been married since 1994 and have lived in Butler County since 1992. My husband and I have two amazing grown children. About cases: I have personally briefed and argued cases at the Court of Appeals as an attorney, and my decisions as a trial judge are reviewed by the Court of Appeals. I have studied their cases throughout my career and know how they review and analyze the law. I write my decisions in a similar manner as the Appellate Court to insure that the same laws are applied to all cases. I will adhere to the same rigorous application of the law as written if elected to the Appellate Court.”
Siebert: “It’s critical that your readers understand that what an appellate judge does is much different than what a trial court judge does. Because an appellate judge focuses primarily on legal analysis, it is not uncommon for someone to become an appellate court judge without first being a trial court judge. Justices Scalia, Thomas, Gorsuch, and Kavanaugh, to name a few, were never trial court judges. Neither were Judges Piper and Byrne, who currently serve on the 12th District Court of Appeals. In fact, about 47% of the current appellate bench in Ohio were never trial court judges before being elected to the appellate bench.”
Q: Is there anything specifically about your opponent that you want us to know?
Carter: “My opponent has only been an attorney for six years. To my knowledge she has not personally tried or personally argued cases in our trial courts and is an associate for a firm in Indiana. She is very bright, but her practice has largely been to draft briefs for the senior partners who are licensed at the U.S. Supreme Court and practice in other courts.
“Criminal cases make up a very large portion of the cases at the Court of Appeals. My opponent admittedly has not practiced criminal law. I am running because I feel very strongly that a trial attorney with criminal and civil trial experience who has spent years in the courtroom should be on the Appellate bench.”
Siebert: “My opponent focuses on the number of years of her experience. But the number of years demonstrates little of the actual skill set needed for the appellate bench, especially when nearly all of her experience has been working on behalf of the government. I think the 12th District Court of Appeals will benefit from my strong judicial philosophy and analytical skills, demonstrated by my experience in protecting individuals’ constitutional rights against government overreach, in a variety of contexts.”
Endorsements
Siebert said she has been endorsed by the Warren County Republican Party, the Brown County Republican Party, Right to Life of Butler County, Warren County Right to Life, Warren County Prosecutor David Fornshell, State Representative Rodney Creech, State Board of Education Member Sue Hackett, and the Conservative Republican Leadership Committee.
Carter said she has been endorsed by the Butler County GOP, Butler County Prosecutor Michael Gmoser, State Senator George Lang and numerous Butler County Republican officeholders, including county commissioners Don Dixon, Cindy Carpenter, T.C. Rogers, Treasurer Michael NcNamara, Auditor Nancy Nix, Clerk of Courts Mary Swain, Recorder Danny Crank, Engineer Greg Wilkens and Coroner Lisa Mannix.
Endorsements from law enforcement include Butler County Sheriff Richard K. Jones, Clermont County Sheriff Robert Leahy, Clinton County Sheriff Ralph Fizer, Jr., Madison County Sheriff John Swaney, and Preble County Sheriff Michael Simpson.
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