Judge who tried to help prostitutes will retire

One month after stepping away from presiding over a specialized court program for women whose addictions led them into prostitution, Franklin County Municipal Court Judge Paul Herbert has announced that he will retire at the end of this year.

Herbert, who has been a judge for 17 years and created the specialized CATCH Court program in 2009, said the work has been deeply rewarding – but exhausting.

“I’m basically worn out,” he said. Herbert turns 60 on Dec. 3, making him eligible for heath coverage through the Ohio Public Employees Retirement System. He has been a public employee since 1985, beginning as a bailiff for a Franklin County Common Pleas judge and including eight years as municipal clerk of courts.

His last day on the bench will be Dec. 31, Herbert informed Gov. Mike Dewine and state Supreme Court Chief Justice Maureen O’connor earlier this month.

It will be up to Dewine, a fellow Republican, to appoint someone to serve the final year of the term, which ends on Jan. 4, 2022.

The vacancy created by Herbert’s retirement is one of four on the Franklin County bench that Dewine will be filling in the coming weeks. Those openings, combined with the defeat of several incumbent Republican judges in this month’s election, have set up a potential reshuffling of judicial officeholders.

The other openings in Franklin County that Dewine will fill:

h A Municipal Court vacancy, created by the Aug. 13 death of Judge H. William

Pollitt Jr., for a term that expires in January 2022.

h A 10th District Appeals Court vacancy, created by Judge Jennifer Brunner’s election to the Ohio Supreme Court, for a term that ends in December 2022.

ha Domestic Relations/juvenile Court vacancy created by Judge Terri Jamison’s election to the Appeals Court. That opening won’t occur until July 1, when Jamison’s Appeals Court term begins. The appointee must run in Novem

ber 2022 to retain the seat.

The Franklin County Republican Party will submit recommendations for the openings to the governor’s office after conducting interviews with interested candidates, said Josh Jaffe, chairman of the party’s executive committee.

Candidates for Pollitt’s seat were screened in September, he said.

Among the potential candidates for the vacancies are five incumbent Republican judges who were defeated by Democratic challengers this month: Common Pleas judges Jenifer French and Gina Russo; Domestic Relations/ Juvenile Court Judge Dana Suzanne Preisse; Appeals Court Judge Lisa Sadler; and Probate Court Judge Robert G. Montgomery.

In addition, Common Pleas Judge Colleen O’donnell, a Republican who lost a bid for an Appeals Court judgeship, told The Dispatch that she would “love to be considered” for the Appeals Court opening.

If O’donnell were to get that appointment, French said she would be interested in the resulting vacancy.

“Common Pleas is the court I love and the only one I’m interested in,” she said.

Russo said she would “absolutely consider any possibility to continue serving. Ultimately, it’s the governor’s decision, but I expect to screen” for one or more of the openings, she said.

Preisse, who is the longest-serving judge on the Domestic Relations/juvenile Court, said in a text that she has received “overwhelming support and encouragement” from Columbus Bar Association members to pursue the vacancy on that court, which will occur when Jamison departs for the Appeals Court.

“However, many other opportunities have presented themselves, so at this point I’m exploring all options,” she wrote.

Montgomery responded to a text about his interest in the vacancies by writing, “I haven’t thought about it.”

The Dispatch was unable to reach Sadler for comment.

Part of the consideration for anyone contemplating an appointment, however, is the increasing difficulty that Republicans face against Democrats in countywide elections. Democrats swept all 10 of the judicial races on the county ballot Nov. 3.

“It’s never an easy task to run a race as a Republican in Franklin County,” Jaffe said. “But the turnout in a presidential year makes it as difficult as it can be.”

He pointed out that in 2019’s off-year election, Republicans won two of three contested judicial seats in the county.

“The environment will be a little calmer and less partisan” in 2021, when those appointed to the Municipal Court vacancies will be on the ballot, he said. “I’m confident that any good Republican judges, including those appointed by the governor, will do well.” jfutty@dispatch.com @johnfutty

GAELEN MORSE/COLUMBUS DISPATCH Judge Paul Herbert listens as members of CATCH Court sing to him during the last session before he steps down from his role in CATCH after 11 years, on Oct. 1 in Columbus.