This FAQ page is organized by the following categories: 

General Questions
Panel Chair - Rule I
Meetings - Rules II (A-C)
Panelist Code of Conduct - Rule II(D)
The Recommendations Process - Rules III-XI

The FAQs interpret the Draft OJARP rules, which you can view by clicking here: OJARP Draft Rules

Some of your questions about OJARP may also be answered in this PowerPoint (.PDF format) about OJARP as presented at the University of Cincinnati College of Law on February 4, 2009 (and updated since that date): OJARP Powerpoint Presentation

You can also read the Governor's November 19, 2009 remarks to the Judicial Selection Forum.

General Questions

Q: What is OJARP?

Governor Ted Strickland formed the Ohio Judicial Appointments Recommendations Panel in January 2007 to help him select judges for vacancies in Ohio courts. The Ohio Constitution authorizes the Governor to appoint judges to fill vacancies. The Panel evaluates the qualifications of Applicants seeking to fill the judicial vacancies and makes non-binding recommendations to the Governor based on its findings.

When there is a judicial vacancy, one of two five-member statewide panels, or At-Large Panels, convenes with the six-member local panel, forming an eleven-member panel to evaluate the qualifications of Applicants seeking to fill the vacancy. The Panel conducts interviews and selects three (3) Applicants to recommend to the Governor.

Q: How long do members sit on the Ohio Judicial Appointments Recommendations Panel? 
Panelists serve at the pleasure of the Governor. At-Large Members are appointed for two-year, renewable terms and continue to serve until their successors are selected. Regional Panelists are appointed each time there is a vacancy in the region and will serve only for the purpose of making recommendations for that vacancy. Once the Panel makes its recommendations, those Panelists’ terms will immediately expire.

Q: What are the At-Large Panels?
The two At-Large Panels consist of five (5) Members each. Members are from across the state, and they join the six-member local panels to review Applicants and fill any judicial vacancies that arise. The Governor appoints the Members for renewable two-year terms.

Q: What are the Regional Panels?
The Regional Panels are formed each time the Panel Chair seeks Applicants to fill a specific judicial vacancy. Regional Members will be residents of the county or multi-county area in which the vacancy has arisen, and will serve only for the purpose of making recommendations for filling that specific vacancy.

Q: Who serves on the Regional Panel when there is an Ohio Supreme Court vacancy? 
Members of any Ohio county may serve on the Regional Panel making recommendations to fill an Ohio Supreme Court vacancy.

Q: Do you have to be a judge or lawyer to serve on the Panel?
No. The Panel will consist of lawyers and non-lawyers, with a majority of members being lawyers. The Regional Panel will include one Member appointed to represent the labor and consumer community and one Member appointed to represent the business and industry community. 
 

Q: Do Panel Members receive compensation for their participation on the Panel?

 No. Panel Members are not compensated for their service on the Panel.

Q: What do OJARP Members do?

Panel Members convene when a judicial vacancy arises to evaluate the qualifications of Applicants for the empty judicial seat. They review the application materials and cast confidential ballots indicating whether they feel the Panel should give further consideration to each Applicant. The Panel then holds a conference call to discuss the results of the vote and produces a list of Applicants they will interview for the position. After they convene to interview the selected Applicants, the Panel Members deliberate, and each Member votes for three (3) Applicants. The voting process continues until the Panel has three (3) Applicants to recommend to the Governor.

Q: How is the Panel Chair chosen?
The Governor chooses the Panel Chairs for the At-Large Panels.

Q: What is the role of the Panel Chair?

The Panel Chair establishes the procedures for operations of the Panel and consideration of the Applicants for each vacancy. The Panel Chair monitors and guides Panel activities and ensures that Panel Members and Applicants abide by the Panel Rules and Processes. See Rule I.

Q: What is the role of the Governor’s Office?

The Governor’s Office will communicate with the Applicants throughout the process. The Governor’s Office will provide each Member with application packets and background information for each of the Applicants. The Office will also provide ballots for the preliminary screening, and the Office and/or the Panel Chair will make arrangements for the conference call to discuss the preliminary voting results. The Governor’s Office will record the votes in a confidential manner. The Governor’s Office will also conduct any additional investigation regarding any of the Applicants upon the request of the Panel Chair.

Q: Are Panel Members eligible for appointment to judicial vacancies?

Panelists may not be considered for appointment to a judicial vacancy while serving on the Panel or for a period of one (1) year after such service.

Panel Chair - Rule I

Q: What is the role of the Panel Chair?
The Panel Chair establishes the procedures for operations of the Panel and consideration of the Applicants for each vacancy. The Panel Chair monitors and guides Panel activities and ensures that Panel Members and Applicants abide by the Panel Rules and Processes. The Panel Chair also serves as public spokesperson for the Panel. See Rule I. The Panel Chair is responsible for calling special meetings when necessary, and for giving at least one week’s notice of meetings to Panel Members. See Rule II(A)(2)(a). If the Panel Chair determines a conflict of interest exists, the Chair may require a Panel Member to recuse himself or herself. See Rule II(D)(1)(c). The Chair determines the maximum number of Applicants to be interviewed, and submits the final list of three (3) applicants to the Governor. See Rule VII(C)(3).

Q: What happens when the Panel Chair is unable to attend a meeting? 
The Panel Chair may designate any member of the At-Large Panel to act as Panel Chair in his or her absence. See Rule I(B).

Meetings – Rules II(A-C)

Q: When are meetings held?
The Panel Chair will establish times and locations for Panel meetings.The Panel Chair reserves the right to cancel any meeting(s) should he or she determine the meeting to be unnecessary, or should circumstances warrant re-scheduling. See Rule II(A)(1).

Q: How many meetings will be held?
The Panel shall meet at times and locations established by the Panel Chair. The Panel shall schedule one (1) regular monthly meeting to be attended by both At-Large and Regional Panel Members (if any appointed at that time).The Panel Chair will call special meetings should the Chair determine that such a meeting is necessary for the effective operation of the Panel and/or for the timely consideration of a judicial vacancy. To reduce the need for excessive travel by Panel Members, conference calls may be scheduled in lieu of regular or special meetings of the Panel. The Panel Chair and/or the Governor’s Office will make all arrangements for conference calls. See Rules II(A)(1-3).

Q: Do Panel Members have to be present for all meetings?
 A Panel Member who fails to attend, in person, 3 or more consecutive meetings, or who at any point has failed to attend, in person, more than 50% of the meetings will be considered resigned from the Panel. See Rule II(B).

Q: Can Members send others to sit in meetings for them? 
No. See Rule II(C).

Q: What happens when a Panel Member misses one of the Applicant interviews?

 A Panel Member must be present for all the Applicant interviews for a vacancy in order to participate in making the recommendation for that vacancy. See Rule II(C).

Q: Will Panel Members be notified of upcoming meetings?
 Yes. The Panel Chair is responsible for notifying all Members of meetings at least one (1) week in advance. See Rule II(A)(2)(a).

Panelist Code of Conduct – Rule II(D)

Q: What should a panelist do if he or she feels a conflict of interest exists?
: Panel Members should avoid any possible appearance of conflict and should always recuse themselves from participation in interviews with, deliberations about and/or evaluation of any Applicant with whom they have an existing financial or business relationship or a significant personal relationship. See Rule II(D)(1).

Panel Members shall disclose to other Members and/or the Panel Chair all personal, financial or business relationships with an Applicant for a judicial vacancy that others might perceive as a conflict of interest. See Rule II(D)(1)(b).

Additionally, all Panel Members must disclose any and all potential conflicts (or those relationships giving rise to a possible appearance of conflict) prior to participation in the Preliminary Screening Conference call described in Section VII(C)(4). See Rule II(D)(1)(b)(i).

Upon disclosure of a potential conflict, the Panel Chair will determine if the conflict will unduly influence the Panel Member’s ultimate decision. Panel Members must recuse themselves from participation in the Applicant review process any time the Panel Chair determines that they have a conflict or appearance of a conflict. See Rule II(D)(1)(c).

Q: What types of relationships pose potential conflicts for a Panel Member?
 A “financial and or business relationship” is broadly defined for the purposes of OJARP Rules to include current law partners, associates, employers, employees, co-workers, or any relationship where the Panel Member has a substantial and direct pecuniary or monetary interest associated with an Applicant. See Rule II(D)(1)(a).

Q: When must Panel Members recuse themselves?
All Panel Members must disclose any and all potential conflicts (or those relationships giving rise to a possible appearance of conflict) prior to participation in the Preliminary Screening Conference call. See Rule II(D)(1)(b)(i).

Q: Who decides whether Panel Members must recuse themselves?
The Panel Chair determines whether the conflict will unduly influence the Panel Member’s decision. Panel Members must recuse themselves from the Applicant review and recommendation process any time the Panel Chair determines they have a conflict. See Rule II(D)(1)(c)

Q: Is the Panel required to turn over any documents from its proceedings?
 No.As an advisory entity, the Panel is not subject to the Ohio Open Meetings or Open Records laws. See Rule II(D)(2)(a).

Q: Are Applicant interviews, Panel deliberations, and voting proceedings confidential?
 Yes. Panel Members must keep confidential all interviews with and deliberations, voting/scoring and communications about Applicants. If a Member fails to keep Panel proceedings confidential, the Governor will remove the Panel Member immediately. See Rule II(D)(2)(b).

Q: Can individual Panel Members communicate with Applicants?
 Panel Members must exercise discretion in communicating with Applicants. Panel Members must refrain from communication with individual Applicants about substantive matters pending before the Panel, and should refer inquiries to the Governor’s Office. See Rule II(D)(3)(a).

Q: Are there specific guidelines for public communication from the Panel?
All public written communications regarding Panel business shall be made on Panel letterhead. In no event should law firm, law practice or other similar letterhead be used in association with Panel business. See Rule II(D)(3).

The Panel has developed uniform procedures to communicate with Applicants and others concerning Panel actions, including, but not limited to, confirmation of receipt of materials, interview requests and notification of the filling of a judicial vacancy. See Rule II(D)(3)(b).

Q: Can Panel Members discuss with others the selection of Applicants for interviews or recommendation?
: Panel Members may not communicate with each other or with anyone outside the Panel regarding the selection of Applicants to be interviewed or the recommendation of Applicants to the Governor other than during Panel meetings (in person or by phone). See Rule II(D)(3)(c).

Q: What should Panel Members do with any information regarding an Applicant received from a person or organization outside the Panel? 
All communications received by a Panel Member from an external source (person or organization) regarding the application of any potential nominee or judicial vacancy should be forwarded to the Governor’s Office. The Governor’s Office will discuss such communications with the Panel Chair, who shall determine if the information should be distributed to all Panel Members. See Rule II(D)(4).

Recommendation Process - Rules III-XI

Q: What happens when a judicial seat becomes vacant?
 The Panel, working with third parties such as the Supreme Court of Ohio, state and local bar associations, and other community groups, will develop policies to achieve wide distribution of the notice of a judicial vacancy within the local area where any vacancy occurs. The Panel will develop a system by which interested parties will receive notice of any and all vacancies that occur within the state, as well as notice of all public announcements made by the Panel. See Rule III(A).

Q: What information does the notice of vacancy include?
 Notice of any judicial vacancy includes the court’s name and location, the court’s geographic and subject matter jurisdiction, the length of the unexpired term to be filled, and the legal requirements for eligibility for appointment. See Rule III(B).

Q: Who may apply for a judicial seat?
Ohio law dictates residency, age and additional eligibility requirements for appointments to positions on Ohio courts.  Any Ohio attorney who meets the legal and constitutional requirements for service on the bench may apply to fill a judicial vacancy.

Q: What criteria do Panel Members use in evaluating the applicants?
 The Panel may consider all factors it deems appropriate, but shall specifically consider the following for each Applicant:

• The Applicant’s background, training, experience, integrity, diligence, health and temperament which would contribute to fair, impartial and effective judicial performance by the individual; 
• The contribution the Applicant would make to the goal of bringing diverse perspectives to Ohio’s judiciary; and 
• The likelihood that the applicant could and would effectively campaign to retain the seat if appointed to the bench.

• Applicant’s community contacts;
• Applicant’s social awareness;
• Applicant’s collegiality;
• Applicant’s administrative ability and experience;
• Applicant’s writing ability; and
•  
  Applicant’s speaking ability.

See Rules VI(A-B).

Q: What is the first step in the selection process?
The first step in the selection process is the Preliminary Screening of Applicants. The Governor’s Office will provide each Panel Member with a packet of Applicant Materials for each Applicant. All Application Materials packets will contain the Applicant’s (1) letter of interest; (2) resume; (3) completed OJARP Questionnaire; and (4) up to six letters of recommendation. The Governor’s Office will also provide Panel Members with additional background information about Applicants where available. Panel Members will review this information as part of the Preliminary Screening Process, which is designed to narrow the field of Applicants so that enough Applicants continue to the interview stage as will ensure that the best qualified Applicants receive the full consideration of the Panel. See Rules VII(A) and VII(B)(1).

Q: How long do Panel Members have to review the applications?
Panel Members will be given approximately ten (10) days (one work week and one weekend) to conduct their initial review and screening of all Applicant Materials submitted for a judicial vacancy. See Rule VII(B)(2)

Q: How do Panel Members select the applicants to be granted interviews?
 The Governor’s Office will provide each Panel Member (in either hard copy or electronic format) a confidential ballot with the names of all Applicants to be voted upon in alphabetical order.

Next to each Applicant’s name on the confidential ballot will be a space designated YES and a space designated NO. The Panel Member will cast an affirmative or negative vote for each Applicant; a YES or NO vote represents each Panel Member’s opinion whether any individual Applicant should be given further consideration by the entire Panel.

Panel Members should report the results of their preliminary scoring to the Governor’s Office by no later than the tenth (10th) day following their receipt of Application Materials from the Governor’s Office. Panel Members may communicate their preliminary scoring/voting by regular mail, e-mail, fax or telephone communication with the Governor’s Office. The Governor’s Office will develop procedures for the recording of Panel’s preliminary scoring / voting which preserves the confidentiality of any Panel Member’s individual scoring / voting.

Following the Panel Chair’s receipt of preliminary scoring from Panel Members, and prior to the Panel’s conference call to discuss the results of the preliminary screening of Applicants, the Panel Chair will determine the maximum number of Applicants who will be interviewed by the Panel.

The Panel Chair will initiate a conference call with all Panel Members to discuss the Panel Members’ review of Application Materials. During the call, the Panel Chair will reveal the results of the preliminary scoring/voting, and the Panel will use the results to determine the number of Applicants to receive further consideration and interviews. The Panel Chair will attempt to achieve consensus concerning which Applicants will be invited for interviews by the Panel.

When the Panel Chair determines that a consensus cannot be reached by the Panel Members concerning which Applicants will be invited for interviews by the Panel, a vote will be required by the Panel Members participating in the conference call. See Rule VII(C).

Q: How does the Panel reach a decision on which Applicants to interview if there is no consensus among Panel Members?
 When the Panel Chair determines that a consensus cannot be reached by Panel Members participating in the conference call, the Panel will use the Successive Majority Voting System outlined for Final Voting and Recommendations in Section X(B)(1) (see FAQ #53), except that each participating Panel Member will be allotted a number of votes equal to the maximum number of interviewees as determined by the Panel Chair in Section VII(C)(3). Likewise, all other numerical limits placed upon Applicants under Section X(B)(1) shall be increased to equal the maximum number of interviewees as determined by the Panel Chair. See Rule VII(C)(4)(a)(1).

Q: How many Applicants are granted interviews?
The Panel Chair will determine the maximum number of Applicants who will be interviewed by the Panel following the Panel Chair’s receipt of preliminary scoring from Panel Members, and prior to the Panel’s conference call to discuss the results of the preliminary screening of Applicants. See Rule VII(C)(3).

Q: How are Applicant Interviews conducted? 
All interviews will be conducted in person. Panel Members may not participate in the recommendation process if they have not participated in all Applicant interviews for a particular vacancy. See Rule VIII(A).

The Panel Chair will establish times and dates for interviews with all Applicants. Prior to determination of a final interview schedule, the Panel Chair will circulate a draft schedule for review and comment by other Panel Members. See Rule VIII(B).

The Panel will determine a random order of Applicant interviews, and make every effort to ensure that all Applicant interviews are of the same duration so all Applicants have equal time before the Panel. All Panel interviews of Applicants will be conducted in a private, closed-door session. See Rules VIII(B)(1-3).

Q: How are Applicants notified of their selection for the interview process?
The Panel will provide Applicants with state the date, time and location of the interview, the expected duration of the interview and the anticipated format for the interview. See Rule VIII(C).

Q: How are Applicants notified that the consideration of their Applications has concluded?
The Governor’s Office will notify Applicants who are not selected for interviews with the Panel.

Q: Are there specific procedures to be followed in the interviews?
The Panel Chair will establish a set procedure to be followed by the Panel in each interview session, and shall monitor and guide all interview discussions. The Panel Chair will act to ensure that all Panel Members are able to participate fully in an Applicant’s interview. See Rule VIII(D).

Before conducting any interviews, the Panel Chair will review with the Panel the current vacancy to identify the professional knowledge, skills and personal traits needed by a successful Applicant. The Panel will determine a brief set of general standard interview questions which shall be asked of each Applicant. In addition to the Panel’s standard interview questions, Panel Members are encouraged to develop questions tailored to a particular Applicant’s background. See Rules VIII(D)(1-3).

Q: When are interviews conducted?
The Panel Chair will establish times and dates for interviews with all Applicants. Prior to determination of a final interview schedule, the Panel Chair will circulate a draft schedule for review and comment by other Panel Members. See Rule VIII(B).

Q: If a Panel Member, for any reason, is unable to participate in one of the Applicant’s interviews, may that Member participate in the remainder of the recommendation process?
No. Panel Members shall not participate in making a recommendation regarding a vacancy if they have not participated in all interviews of Applicants considered by the Panel for that vacancy. See Rule VIII(A).

Q: Should Panel Members individually conduct any additional research about the Applicants?
Although Panel Members may investigate any information provided by an Applicant or third party, such investigations may be duplicative, and not the best use of a Panel Member’s time. As such, investigation by Panel Members is discouraged. See Rule IX(A).

Q: How should Panel Members proceed if they feel they need additional information?
 Panel Members who believe that additional investigation is needed to complete a thorough review of an application should contact the Panel Chair. Upon request of the Panel Chair, the Governor’s office will contact those sources most likely to be familiar with an Applicant, including, but not limited to: state and local bar associations, and their respective disciplinary bodies; the Applicant’s professional colleagues; judges before whom an Applicant has appeared; representatives of community groups or associations to which the Applicant belongs; and/or state and local law enforcement agencies. See Rule IX(B).

Q: What happens after the interviews are conducted?
Following the completion of interviews the Panel will compare and evaluate each of the Applicants. Panel Members are encouraged to engage in frank and candid discussions about Applicants’ strengths and weaknesses. See Rule X.

Q: What are the procedures for the final vote?
The Panel uses a successive majority system that promotes the likelihood of consensus results.

Q: What if there is a deadlock?
In the event a diligent effort to follow the above-described successive majority voting system nevertheless deadlocks and fails to produce three (3) potential appointees, then the Panel Chair may establish whatever voting procedure he or she deems necessary to accomplish the selection of three (3) potential appointees. See Rule X(B)(1)(i.)

Q: How does the Panel make its final recommendation to the Governor?
After the Panel has identified three (3) potential appointees, the Panel Chair shall submit for the Governor’s consideration a list of the three (3) potential appointees in alphabetical order. The submission of an alphabetical list shall not indicate any preference for appointment by the Panel. The Panel shall also make available for the Governor’s consideration the potential appointees’ Application Material packets, along with all related files and investigative information assembled and collected by the Panel and/or the Governor’s Office. See Rule XI.

Q: Is the Governor required to appoint one of the three Applicants recommended by the Panel?
 No. While the Governor is likely to appoint one of the applicants recommended by the Panel, he may ask the Panel to make additional recommendations or may appoint an individual not recommended by the Panel.