the bistro off broadway
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Darke County League of Women Voters
Adams, Fisher square off at Candidates’ Forum
Questions included bailout, St. Mary’s, wastewater from fracking
By Elaine Bailey

A Candidates’ Forum sponsored by The League of Women Voters of Darke County included Q&A’s for 80th House District incumbent Richard N. Adams (R) and challenger Dave W. Fisher (D); and Ohio Court of Appeals, 2nd District candidates Carley Ingram and Jeffrey M. Welbaum.

The forum was held on the second Monday prior to the November General Election at the American Legion on Ohio Street in Greenville. In an effort to stimulate diplomatic, informative dialogue between the candidate and the voters, questions were written by the attendees and screened by a panel of League members, equally represented from the Democratic and Republican parties.

The 84th House District forum was cancelled due to illness on the part of the Democratic candidate Ronald L. Hammons.  Incumbent Republican candidate Jim Buchy introduced himself prior to the introductions presented by the unopposed candidates.

State Representative, 80th House District

Richard Adams (R) is the current representative for the 79th District.  With the redistricting and renumbering of the districts, the 79th District is now the 80th House District. It will continue to cover Miami County and will now include Harrison and Liberty Townships in Darke County and eliminate Richland Township.  Adam’s is completing his fourth year as a state representative.

Dave Fisher said that although he has never been an elected official, he has been extremely involved in the community and the important political issues in the community.

As our representative how do you plan to listen to the electorate on issues?

Fisher: plans on getting focus groups throughout the district in order to address the concerns of the public

Adams: said that he makes it a practice to meet weekly with constituents 

What are your plans for improving our state legislature?

Adams: one of the things we need to continue doing is the creation of jobs so that we can work within a balanced budget while doing things to generate more tax revenue at existing tax rates. That means more good jobs.

Fisher: said that Adams did not answer the question.  He said that legislature needed to get away from partisanship not only here and in Columbus, but all over.  There is a great divide and he intends to cut through it.

How much of Ohio’s improved economy can be attributed to the auto rescue?

Fisher: The auto rescue saved a lot of jobs in the state of Ohio. The down supply companies, the non-union shops that supply parts would have suffered and other auto companies would have been affected.
 
Adams:  admitted that the auto rescue played a part but that there were many other things that have occurred that have enabled us to do better. Agriculture is so important and it’s important to see that it remains strong in order to have jobs.

Fisher asked Adams if he was for or against the bailout. 

“I think the bailout is somewhat of a negative term.  I think what we are talking about is the degree to which government as a partner with business and industry provided some funds.”

Do you consider companies using temporary employees in the figure for economic improvement?

Adams: said that we need to think in terms of good jobs that represent economic improvement

Fisher: said no because most of those individuals are under-employed and companies need high-tech, qualified people due to changes in industry.

Adams: said that there are 80,000 job openings because people do not have the right skills and that is an area where government can be helpful.

What do you think about the two-million dollars that was spent cleaning up algae at St. Mary’s that did not work? What would you do to clean up the lake?

Fisher: said that he didn’t know if the money was used well, but that something needed to be done and it will take time and more money to help the community and businesses find the right solution.

Adams: said that it was a lot of money but that the state of Ohio has a vested interest in the outcome due to the importance of tourism in that area.

Waste water from fracking has been reported to be coming into Ohio from other states. Uranium and other toxins have been reported as contained in the water. What is your stand on this waste water and you aware of any house bills related to this?

Adams: is opposed to having the waste water from other states trucked into Ohio and injected into wells. He said that it can be done and Legislature along with the department of Natural Resources and Department of Agriculture is looking into how the material that comes from the fracking of shale can be injected back into these wells so that it is economically safe and does not compromise the area in which it is deposited.

Fisher: said it was a bad idea.  He compared it to the community’s opposition to the CO2 sequestration three years ago and suggested that no one would want this waste water dumped in Darke or Miami County. Fisher said that there is a bill on the floor dealing with the health issues of injecting waste water into wells.

Adams restated that he is opposed to waste water with unknown chemical substances from other states trucked to Ohio.  He further explained the reason for the bill.

“That particular bill was done because of some concerns about the degree to which companies would have information exposed that would compromise their patent or copyright advantage. Now… there is a concern, of course, that if there would be a need for a medical person to have access to that information, that they should know exactly what treatment they might be providing if that would happen.”

Fisher challenged the position of Adams by saying, “He said in the first part of his statement that he was okay with it, if it was safe. Now he’s telling us, just in a few seconds, now he’s telling us that he’s not okay with it coming from out of state. I’m here to tell you, I’m not okay with it at all.”

Adams countered by saying that as we look at the tremendous amount of oil and gas that can be harvested, and with what has occurred in other states where they were able to do this in an environmentally friendly way, we need the kind of technology in Ohio so that it can be done. It would provide jobs.  But it would have to be done well before we would support it.

Education is very important to improving Ohio’s economy. Do you support cutting school funding, and if so, what are your reasons?

Fisher: pointed out that school funding was deemed unconstitutional about 18 years ago and yet no bill has been presented to solve school funding. 

“I propose that I will have a school funding bill within 60 days after I take office.”

Adams: does not support cutting school funding.  He attempted to explain the attempts of dealing with school funding first by former Governor Strickland with his failed Evidence-Based Model and then the more resent Transition Model.  However, time was not enough to discuss school funding.

Both candidates agreed that school funding was important and Adams said that it is time to restore some of the funds to the schools.

Mr. Fisher says that you voted against health and nutrition standards for schools. Can you please comment?

Adams: said that he voted against it because he believes that the schools in Darke County are capable of determining what the menu should be.  He said that there is too much federal control; it is necessary for local control.

“I have confidence in the school districts of Darke and Miami County to make the decision of what the menu will be…… we need to make sure it’s the kind of food they need, not what Washington, DC thinks they need.”

Fisher: said that some of the best nutrition is coming from the school for some of the children and that children learn best when they are fed well. 

Ohio Court of Appeals 2nd District

Carley Ingram said that as a lawyer in the Montgomery County Prosecutor’s office for 32 years and an appellate attorney with a broad range of experiences and knowledge, that she can make sure that the laws are applied fairly to the victims, witnesses, and people whose lives are affected by court decisions.  She said that the Dayton Bar Association judicial poll has rated her across the board as being more qualified than her opponent. Her credentials and endorsements can be read at http://www.carleyingram.com/

Jeffrey M. Welbaum said that he will add a new dynamic to the court with a unique blend of talents and diverse experiences that come from being a judge for sixteen years, a county prosecutor, practicing lawyer, public defender, assistant US attorney in Dayton, and having appellate experience. He pointed out that Miami County Bar Association rated him higher. http://www.jeffwelbaum.com/

What are your goals in regard to the future of your court?

Welbaum:  to add a new dynamic to that court with a unique blend of talents and experiences... to be a new ingredient to the court to make it better

Ingram:  respects the court and said that the court has a very high level of judicial knowledge, makes thoughtful decisions, is respectful to each other and to the people who come before them, and she wants to continue to bring excellent legal scholarship and collegiality to the court

Ingram said that no matter what happens in the November election that three of the five judges will be trial lawyers.  She said that putting another trial lawyer on the panel would not bring it diversity. 

Briefly describe the responsibilities of an appellate judge and what types of cases come before you on a regular basis?

Both candidates explained that the cases are varied and arise from any kind of legal proceeding that need to be reviewed from the 56 trial judges across six counties:  divorce, child custody, domestic, criminal and civil cases, or probate matters.  Anyone who does not feel he has been treated fairly has the right to appeal.  It is an important process to insure that a person has been treated fairly under the law.

In your opinion and experience what is the area where the toughest decisions are required?

Welbaum:  when a case that’s close on the law… an ambiguous law, a law that’s been crafted by interest groups that may even conflict with another law that was crafted by a compromise between different political parties or interest groups… trying to determine what the legislature intended

Ingram:  agreed that when statutes are ambiguous it is difficult; however, she said that’s really the ‘bread and butter’ of what an appellate court judge does.  She said that dealing with criminal cases is difficult… knowing that a person may have richly earned a conviction… that although fairly determined… it creates sadness and hardship for other people.  Ingram said that it is important that the law is applied fairly and that people are treated fairly. 

How would you improve the function of the court?

Ingram:  said that some of the decisions are a little slow… she tends to get things done.  Having been a practitioner for many years, she said that systemically, she saw no need for improvement.  She said the justice system works best when more voices are heard… she said that the rules are different in appellate and she understands appellate law.  She would keep a court that is collegial and fair.

Welbaum:  to have a thorough knowledge of all areas of law that the court reviews

Do you feel that the budget for the courts needs to be increased? 

Welbaum:  No.  There have been cutbacks. However, he said the courts are operating efficiently and effectively.

Ingram:  agreed

If you don’t like the result in your court, what do you do after that?

Welbaum:  Ninety percent of the time that is the last of the appeals unless you can get into a higher court such as the Ohio Supreme Court or a Federal Court. Most of the time, it is the end of the line for a litigant.

Ingram:  Right after the decision is made, a person can return to the court and ask for a re-consideration.  Sometime the court is open to that. If it were warranted, I would reconsider.  She agreed that in most cases, this is the last step… making the process at this stage very important.

Do you think you would be influenced if you ran into a former client in a case before you, and can you recluse yourself if there was a conflict?

Both candidates said that a judge can recluse him or herself and both would do so if the situation warranted it.

Other topics during the forum included online schooling, double-dipping by public officials, right to work, high-speed rail, and redistricting.

Also on the ballot in November

Judge of the Court of Common Pleas-Probate and Juvenile Division, Unexpired Term Ending 2-8-2015 (Vote for one): Jason Aslinger
County Commissioner, Full Term Commencing 1-2-2013 (Vote for one): Diane L. Delaplane (R)
County Commissioner, Full Term Commencing 1-3-2013 (Vote for one): Michael W. Rhoades (R)
Prosecuting Attorney, Full Term Commencing 1-7-2013 (Vote for one); R. Kelly Ormsby III (R)
Clerk of the Court of Common Pleas, Full Term Commencing 1-7-2013 (Vote for one): Cindy Pike (R)
County Recorder, Full Term Commencing 1-7-2013 (Vote for one): Linda Stachler (R)
County Treasurer, Full Term Commencing 9-2-2013 (Vote for one): Scott J. Zumbrink (D)
County Engineer, Full Term Commencing 1-7-2013 (Vote for one): Jim Surber (D)

Everyone is encouraged to vote during this year’s Presidential General Election.  Darke County voters may vote early by going to the Darke County Board of Elections at 300 Garst Avenue.  The dates and times are:

Now until Thursday, November 1 from 8 am – 7 pm
Friday, November 2        8 am – 6 pm
Saturday, November 3     8 am – 2 pm
Sunday, November 4         1 pm – 5 pm
Monday, November 5     8 am – 2 pm

Sample ballots are available at www.electionsonthe.net

The forum concluded with the reading of the pros and cons of State Issue 1 by Carl Jones and State Issue 2 by Alex Warner.  These issues can be viewed at www.electionsonthe.net


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