EDITOR’S NOTE: Seven judicial candidates are vying for three seats on the Fifth District Court of Appeals. This is the third of three articles profiling the candidates. Part I is here. Part II is here.
MOUNT VERNON — With Judges W. Scott Gwin and John W. Wise term-limited and unable to run for re-election, two seats are up for grabs on the Fifth District Court of Appeals.
Stark County Common Pleas Probate Judge Dixie Park and attorney Kevin Popham hope to win the Republican primary nomination for Judge Gwin’s seat. The term begins Feb. 10, 2025.
The Fifth District includes Ashland, Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox, Licking, Morgan, Morrow, Muskingum, Perry, Richland, Stark, and Tuscarawas counties.
A faculty member of the Ohio Judicial College since 2008, Park has held numerous appointments, including on the Task Force to Review the Ohio Disciplinary System and the Task Force on Funding of Ohio Courts.
She received the Meritorious Service Award from the Ohio Association of Probate Judges in 2006-07, 2009-12, 2014-61, and 2023. She also received the Judicial Excellence Award in 2008.
A retired U.S. Army officer, Popham says he is the only candidate who has the breadth of experience needed for an appeals court judge.
His civil litigation includes personal injury, construction defects, malpractice defense, and premises defense, among other areas.
Judge Dixie Park
Park won election as probate judge for the Stark County Court of Common Pleas in 2003, taking office on Jan. 1, 2004.
She earned her undergraduate degree from Kent State University and her J.D. from the University of Akron School of Law in 1991.
Park served as clerk and magistrate for the common pleas court, was assistant law director for the City of Alliance, and served as acting judge for the Alliance Municipal Court.
Endorsements: Knox County Republican Central Committee
What do you see as the primary role of an appeals court judge?
I believe that the primary role of an appeals court judge is to support the Constitution of the United States and the Constitution of Ohio, administer justice without respect to persons, and faithfully and impartially discharge and perform all of the duties incumbent upon the appeals court judge according to the best of the appeals court judge’s ability.
The foregoing is the oath of office that every judge in Ohio takes and which I have strived to follow each and every day during my twenty years on the bench as Stark County Probate Court judge.
What do you think is the most important skill of being a good appeals court judge?
The ability to look at both sides of a case with patience, open mindedness, fairness, freedom from bias and commitment to equal justice under the law.
Why are you running?
I believe that I have the qualifications and experience to be a good appeals court judge. I have been an attorney for over thirty-one years. I have broad judicial and legal experience and am the only judge in this race. In addition to being the Stark County Probate judge for twenty years and presiding over more than 40,000 cases, I have served as an Acting Judge in Municipal Court, a magistrate in the Common Pleas General Division, an Assistant City Prosecutor and in private practice handled cases in these courts and in Family Court. I am the only candidate for the Court of Appeals who has prosecuted criminal cases in addition to my civil litigation experience. Fifty percent of the cases appealed to the Fifth District Court of Appeals are criminal cases.
How would you pick your staff?
I would pick staff based on qualifications and experience.
What is your position on judicial activism?
The role of a judge is to uphold and follow the law, not legislate from the bench.
When becoming a judge, which is more important: the number of cases you’ve handled or the types of cases?
With respect to the Court of Appeals judgeship, broad knowledge of the law is important due to the fact that the appeals court hears appeals from all of the different courts: county, municipal, Common Pleas General Division, Family Court Division, and Probate Division. Thus, having experience in handling all of these types of cases is important because the Court of Appeals reviews the decisions of these lower courts and decides whether the trial court proceedings were fair and the proper law was applied correctly.
What is your position on recusal?
I follow the law. ORC 2107.03(A) states that “If a judge of the court of common pleas allegedly is interested in a proceeding pending before the court, allegedly is related to or has a bias or prejudice for or against a party to a proceeding pending before the court or a party’s counsel, or allegedly otherwise is disqualified to preside in a proceeding pending before the court, any party to the proceeding or the party’s counsel may file an affidavit of disqualification with the clerk of the supreme court in accordance with division (B) of this section.”
I have no position on recusal. My response to an Affidavit in a particular case would depend upon what is stated and the facts involved. I follow the law.
Do you have any business interests that would preclude you from ruling on a case? Any that you would remain involved in if elected?
No
Can you point to any case that profoundly affected you? Perhaps in the outcome, the way you (or sitting judge) handled it, or that points to a need/process that you feel needs changed?
I hear cases involving abuse, neglect, and exploitation of wards and individuals. The Probate Court has jurisdiction over guardianship and Adult Protective Services cases. Individuals under guardianship have been adjudicated incompetent and are among the most vulnerable individuals in our community. Upon taking the bench and reviewing Guardian’s Reports, I observed that some guardians did not visit their wards on a regular basis or not at all, despite the responsibility of making decisions regarding their wards’ health care and placement. I implemented a Court monitoring program that trains volunteers to visit wards and their guardians to confirm the wards’ well-being and to provide any information and assistance to guardians.
I also implemented local court rules which include that guardians are requiring to visit their wards monthly in order to make better and informed decisions for their care. These measures are to improve the care of and prevent abuse, neglect, and exploitation of the most vulnerable in our community.
My interest in guardianships ultimately led to becoming the Chair of the Subcommittee on Adult Guardianship in 2010. This is a Subcommittee of the Ohio Supreme Court Advisory Committee on Children and Families. Since 2010, Guardianship standards have been established through the Supreme Court Rules of Superintendence, and training and manuals have been developed to address different areas of guardianship.
I also convened a multidisciplinary group, Stark County Multidisciplinary and Protective Resources Team (SMART) in 2010 comprised of local agencies and government offices that has been presenting an annual seminar to raise awareness and prevent abuse of the elderly and disabled. SMART also created an ongoing dialogue among its members so that we could develop a coordinated community response to elder/disabled abuse. We will have our 13th annual seminar on June 14 in conjunction with World Elder Abuse Awareness Day. SMART also sponsors an annual seminar to train law enforcement and mandatory reporters to respond, process and prosecute elder/disabled abuse cases.
Kevin Popham
Saying he stands for common sense and conservative values, Kevin Popham is a senior trial attorney at Nationwide Insurance.
He served as magistrate of the Court of Claims of Ohio and assistant Ohio Attorney General and has argued many Ohio appellate cases. He argued twice before the Ohio Supreme Court.
Popham received his law degree from Capital University Law School and resides in Delaware.
Endorsements: Delaware County Republican Party, Stark County Votes for Women
What do you see as the primary role of an appeals court judge?
The primary role is the ensure that trial courts properly apply the law, as written, or in accordance with established precedent. The role of an appellate judge is not to make law or legislate from the bench.
What do you think is the most important skill of being a good appeals court judge?
Their ability to listen and comprehend the argument being made.
Why are you running?
For personal reasons dating back to 1983 when I had to testify in the criminal trial of a man who killed my dad. I want to ensure that the citizens of the Fifth District have the same measure of fairness, impartiality, and conservative values that Judge Martin instilled in that courtroom 40 years ago.
How would you pick your staff?
I will start by offering Judge Gwen’s staff the opportunity to stay with me.
What is your position on judicial activism?
I am 100% against judicial action, which has no place in our judicial branch of government
When becoming a judge, which is more important: the number of cases you’ve handled or the types of cases?
The type of cases. Over the course of my 27+ year litigation career, I have handled more than 1000 cases, been involved in hundreds of trials, numerous appeals including arguing before the Supreme Court of Ohio. I handle the second largest category of cases heard in the Fifth District Court of Appeals- complex civil litigation.
What is your position on recusal?
I will recuse myself when necessary.
Do you have any business interests that would preclude you from ruling on a case? Any that you would remain involved in if elected? No
Can you point to any case that profoundly affected you? Perhaps in the outcome, the way you (or sitting judge) handled it, or that points to a need/process that you feel needs changed?
State v. Raver. 2000 Ohio App. Lexis 4616