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Melody Stewart: Defying the Odds and Battling for a Seat on the Ohio Supreme Court

By Fletcher Word
Sojourner’s Truth Editor

Judge Melody Stewart, now in her 12th year on the bench of the Ohio Court of Appeals – Eighth District, is in the middle of an election battle for a seat on the state’s highest court – the Ohio Supreme Court. She is forsaking the sure thing for a political long shot. The Cuyahoga County resident wins with a certain amount of regularity in northeast Ohio but now she is attempting to do what no African-American Democrat has ever done in Ohio – win a statewide election.
 

Why would she want to leave her safe spot in Cleveland for such a risky venture? Why does the Supreme Court have such an appeal?

"I’m very comfortable in my job now," she admits. "I’m challenged every day and I’m good at it. But I want to take that next level of my work and affect a broader base of people."

The Court of Appeals, she explains during a visit to The Truth’s offices this week, has to take every single case that comes on appeals – traffic cases, tax issues, medical matters. The Supreme Court doesn’t have to do that and justices are free "to decide cases of great importance to the state."

In addition to the types of issues a justice is able to work on, for Stewart, there are two very important reasons why she feels her presence on the court will make a difference.

First, there is that matter of diversity. In this instance it’s a lack of diversity of thinking not necessarily of color. The all-Republican Supreme Court, says Stewart, lacks a voice in the room that might be offered by someone with a more progressive background.

It’s a matter, secondly, of good public service, she notes. Even if a vote is six-to-one, rather than seven-zero, the perspective of the other side is heard, even if only in a written dissent for the record. And dissenting opinions matter, especially on the highest court in the state.

What sort of important cases might Stewart expect to see as a justice over the next several years?

"Labor issues," she says, "especially in light of the U.S. Supreme Court’s recent Janus decision." That decision now enables publicly-employed workers to opt out of paying union dues, even though that union has represented them in the past on a variety of issues.

Health care matters are going to be in front of the court, says Stewart, given the complexity of federal money issues.

And, of course, Ohio’s ever-present bugaboo, public school funding, will always be good for another couple of rounds in the court.

Also of great concern to the candidate is the matter of criminal justice reform and all the problems of an inequitable system which end up in the courts time after time again. "How can we mesh protecting the public with restoring people convicted of crimes to society?" she asks.

For a nation with the highest incarceration rate in the world, there is no more important issue facing elected political leaders and court officials than criminal justice. Out of the plethora of concerns, Stewart mentions several problems that command her attention such as: "the privatization of prisons; long-term sentences of incarceration for low-level offenders; the collateral consequences presented by the re-integration into society of offenders."

Whatever the length of the sentences, she notes, people will still come back into society and how they are received will determine the success they will have in staying out of prison.

A lifelong Ohioan, Stewart, holds a bachelor’s degree in music from the College-Conservatory of Music at the University of Cincinnati, a law degree from Cleveland-Marshall College of Law at Cleveland State University and a doctorate from the Mandel School of Applied Social Sciences at Case Western Reserve University.

Stewart, as noted above, will not have an easy path to the state’s highest court. Even in the banner year of 2006 when Ted Strickland led Demo

crats to statewide victories, the two black candidates on the ballot were defeated – Ben Espy, a candidate for the Ohio Supreme Court and Barbara Sykes, a candidate for State Auditor. So Stewart is under no illusions about what she has to overcome in order to win in November.

She has to hit the urban areas diligently and ensure that black voters turn out to vote for someone in a race which does generally not get a lot of media attention. She also has to hit the rural areas and avoid the kind of devastation that Hillary Clinton faced in 2016 – the areas in which Clinton lost by as much as 80-20 percent.

Stewart is facing Mary DeGenaro, one of seven Republicans on the seven-justice Supreme Court. DeGenaro was appointed to the seat in January 2018 by Governor John Kasich to complete a term. She had previously served 17 years on the Court of Appeals for the Seventh District (Youngstown). In the primary election DeGenaro garnered more votes for nomination than did Stewart. Another sign of an uphill battle for the Democrat.

She faces an uphill battle to win and another should she prevail against all odds. Undaunted, Stewart is counting on her skills as a candidate and her "power of persuasion" when she is ultimately on the Ohio Supreme Court.

 
   
   


Copyright © 2018 by [The Sojourner's Truth]. All rights reserved.
Revised: 08/16/18 14:12:12 -0700.


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