EDITOR’S NOTE: Seven judicial candidates are vying for three seats on the Fifth District Court of Appeals. This is the second of three articles profiling the candidates. Part 1 is here.
MOUNT VERNON — The retirement of Judges W. Scott Gwin and John W. Wise leaves two seats up for grabs on the Fifth District Court of Appeals.
Both Gwin and Wise are term-limited and cannot run for re-election.
Aletha Carver, Jeff Furr, and Robert Montgomery are running in the March 19 Republican primary for the seat vacated by Wise. The term begins on Feb. 9, 2025.
Carver is one of 25 attorneys in Ohio certified as an appellate law specialist through the Ohio State Bar Association. She has represented clients before appellate courts and the Ohio Supreme Court.
In practice for over 31 years, Carver said it is imperative that voters elect candidates who have strong appellate backgrounds to fill the seats held by the retiring judges.
Furr points to court accessibility as one of his top priorities. He also wants to “keep the court honest” by upholding the law rather than interpreting it.
Furr has argued cases before the U.S. Court of Federal Appeals. He describes himself as a social and fiscal conservative.
Montgomery said he is running for the seat because there were no candidates with previous judicial experience.
Responding to a Vote411 Voter Guide questionnaire, Montgomery wrote, “The Court of Appeals is the second highest Court in the State and the Appellate Court Judges job will be to review lower Court Judges decisions.
“Having judicial experience is very important, and I think it’s much better to have someone who has been a judge reviewing lower court judges’ opinions versus someone who has never been a judge.”
The Fifth District includes Ashland, Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox, Licking, Morgan, Morrow, Muskingum, Perry, Richland, Stark, and Tuscarawas counties.
Aletha Carver
Carver is an Alliance native who earned her bachelor’s degree from the University of Akron and her law degree from the University of Akron Law School. Now residing in Canton, the Stark County Bar Association rated her as “highly recommended.”
She worked 12 years as staff attorney for the Fifth District Court of Appeals. She is currently the appeals court’s mediation attorney and established the court’s mediation program in 2019.
Endorsements: Delaware County Republican Central Committee; Fairfield County Republican Executive Committee; Knox County Republican Executive Committee; Votes for Women (Stark County); Stark County Association for Justice; A rating from Buckeye Firearms
Affiliations: Ohio State Bar Association; Stark County Bar Association (past president 2021-2022); Commissioner on the Ohio Board of Professional Conduct (2021-present); Council member for Village of Hills and Dales (2019-present); Canton Ballet board member (2019-present); Ohio State Bar Association Appellate Law Certification Committee (2019-present); Friends of the Children’s Network board member (2014-2018, 2023-present); Rotary Club of Jackson Township (1993-2007, 2012-present).
What do you see as the primary role of an appeals court judge?
The primary role of an appellate court judge is to review trial court decisions and determine whether the trial court committed err in handling the case. The intermediate appellate courts, like the 5th District Court of Appeals, are important in this review process because so few cases are heard by the Ohio Supreme Court. Appellate review generally stops with the intermediate appellate courts.
What do you think is the most important skill of being a good appeals court judge?
The ability to listen to both sides of the case and remain fair and impartial as you review appellate briefs and listen to oral arguments.
Why are you running?
I began working, at the 5th District Court of Appeals, in 1995, as a staff attorney to Judge John W. Wise and I quickly discovered that I enjoyed practicing appellate law. Because of that, I knew at some point in my career I would run for a seat on the court of appeals. I have spent approximately 28 years of my career preparing for a seat on the appellate bench by working at the Court and also working as a private attorney handling appellate matters on behalf of clients. I also received my appellate law certification from the Ohio State Bar Association.
How would you pick your staff?
With regard to staff attorneys, I would focus on attorneys who have strong research and writing skills. Prior experience in appellate law would also be favored since appellate law is a specialized area of the law.
What is your position on judicial activism?
I equate judicial activism to legislating from the bench. I will 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?
I believe the types of cases one has handled is most important. That is because criminal and civil matters comprise approximately 70% of the docket at the 5th District Court of Appeals. Therefore, experience handling matters in those areas of the law is helpful when serving on the appellate bench.
What is your position on recusal?
A judge should follow Ohio Judicial Conduct Rule 2.11 which addresses when one should recuse himself or herself from a case. Generally, a judge should do so when their impartiality might reasonably be questioned.
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?
As a candidate, the Code of Judicial Conduct prohibits me from commenting on cases that may disclose how I would rule on future cases or that may bring into question whether I would be fair and impartial when hearing a certain type of case. Therefore, I will not comment with regard to any certain cases or types of cases. I will treat every case that comes before the Court with the same degree of attention and importance.
Jeff Furr
Furr previously ran for the appeals court in 2020 and 2022. He has a bachelor’s degree in computer science from The Ohio State University and an MBA degree from Capital University.
He holds an advanced taxation degree from Capital and also earned his J.D. from Capital with honors. The Knox County resident served in the Ohio Army National Guard and holds an Aq rating from the Buckeye Firearms Association.
Affiliations: Ohio Bar Association, Federalist Society, American Legion, Phi Delta Phi Fraternity. New Life Church of the Nazarene, Licking County Bar Association, NRA, Buckeye Firearms Association
What do you see as the primary role of an appeals court judge?
I feel the primary role is to provide people with a chance to have their cases reviewed and to ensure the law is applied properly.
What do you think is the most important skill of being a good appeals court judge?
I believe the most important skills are the ability to listen carefully and to exercise good judgment when making decisions
Why are you running?
I am running to give back to my community as I feel that I have the best background and experience for the position.
How would you pick your staff?
I would look for the best people for each of the positions.
What is your position on judicial activism?
Judges should interpret the law and not make the law, therefore I do not believe in judicial activism.
When becoming a judge, which is more important: the number of cases you’ve handled or the types of cases?
I believe that the type of cases handled is more important than the number of cases, but how you review cases is the most important factor.
What is your position on recusal?
My position on recusal is that a judge should recuse themselves anytime there is a potential for conflict.
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, I do not have any business interests that would preclude me from ruling on a case.
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?
This would be Marbury v. Madison, a legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review.
Robert Montgomery
Montgomery is the only candidate who has judicial experience. He won election as judge of the Franklin County Court of Common Pleas Probate Division in 2010 and served from 2011-2021.
He lost his re-election bid in 2020 to Judge Jeffrey Mackey.
He received an undergraduate degree from Bowling Green University. He earned his J.D. from Capital University Law School in 1995, graduating with honors.
Montgomery handled estate planning, real estate, and business law in private practice before winning election as Franklin County recorder. He served as recorder from 2000 to 2010.
During his tenure as probate judge, Montgomery created several programs and courts that provide help to low-income individuals and support individuals with mental health issues.
An innovative guardianship program he started relating to mental health earned him national recognition.
In 2012, the Columbus Bar Association rated him 3.5.
Affiliations: Ohio Association of Probate Judges, First Vice President June 2019- February 2021 Ohio Association of Probate Judges, Second Vice President, June 2017-June 2019 Member Probate Law and Procedure Committee, June 2013-February 2021 Ohio Association of Probate Judges, Secretary/Historian, June 2015- June 2017 Ohio Association of Probate Judges, At Large Officer June 2012- June 2015 Commission on the Rules of Superintendence for Ohio Courts, Commissioner appointed by Supreme Court of Ohio 2 terms 2012- 2017
Montgomery did not return Knox Pages’ questionnaire.
As a community development group committed to growing Mansfield, NECIC sees civic engagement as vital for a healthy community. Rooted in the North End, their efforts benefit North Central Ohio and beyond. They promote informed voter turnout for a thriving society. Explore at www.necic-ohio.org.