David Ondrey, Matthew Rambo and Robert Umholtz are competing in the Nov. 6 general election to replace retiring Geauga County Common Pleas Court Judge Forrest W. Burt, who joined the court in 1995.
David Ondrey, Matthew Rambo and Robert Umholtz are competing in the Nov. 6 general election to replace retiring Geauga County Common Pleas Court Judge Forrest W. Burt, who joined the court in 1995.
Ondrey and Rambo won the Republican and Democratic primaries, respectively, while Umholtz is running as an Independent — although the November election is considered a non-partisan race.
The six-year term begins Jan. 1, 2019, and currently pays $144,550.
Ondrey, 67, is a partner at the Chardon law firm Thrasher, Dinsmore and Dolan, LPA. He earned a bachelor’s degree in history from Miami University and a law degree from Cleveland-Marshall College of Law. His campaign website is OndreyforJudge.com.
Rambo, 39, is an associate attorney at the Cleveland law firm Collins & Scanlon LLP. He earned a bachelor’s of science degree in electrical engineering from The Ohio State University and a law degree from The Ohio State University Moritz College of Law. His campaign website is Rambo4Geauga.com.
Umholtz, 67, is the chief public defender of Geauga County, a position he has held since 1990. He earned a bachelor’s of arts degree from Malone College and his law degree from Cleveland-Marshall College of Law. His campaign website is umholtzforjudge.com.
Here is what the candidates had to say on the Geauga County Maple Leaf election questionnaires sent to them:
1) Describe chronologically your law practice and legal experience after graduation from law school?
ONDREY
Graduated law school May 1980. Upon passing the bar in November 1980, I was promoted from law clerk at Thrasher Dinsmore & Dolan to associate. In 1985, I became a partner in the firm.
My legal experiences have run the gamut of a general practice, but have been generally civil litigation oriented. Thus, I have tried jury cases (including criminal jury cases), bench trials, arbitrations (including dozens of labor arbitrations representing both management and labor at different times), administrative hearings (such as zoning appeals, Ohio Power Siting Board applications, NLRB unfair labor claims, workers and unemployment compensation hearings, various employment disputes, public sewer and water disputes).
I have done insurance defense work, personal injury, discrimination claims (prosecuted and defended), divorce and other domestic relations matters, juvenile court matters, intentional tort defense and many others.
I have been general outside counsel to several prominent local corporations advising on all legal aspects of the business, including negotiating their union contracts multiple times.
I have served as the solicitor for three different Geauga County municipalities and as outside counsel for Geauga Park District since the 1990s.
I have drafted legal documents of all kinds including wills, contracts, leases, purchase agreements, releases, separation agreements, ordinances, rules and regulations.
RAMBO
- Graduation from Law School: 05/2005
- Court of Claims of Ohio: Staff Attorney, 01/2006 – 05/2006
- Court of Claims of Ohio: Magistrate, 05/2006 – 03/2013
- Jones Day: Document Review Attorney, 04/2013 – 09/2013
- Cuyahoga County Common Pleas Court: Staff Attorney, 09/2013 – 12/2016 (Judge Richard McMonagle); Staff Attorney, 12/2016 – 05/2018 (Judge Maureen Clancy)
- Collins & Scanlon LLP: Associate Attorney, 05/2018 – Present
UMHOLTZ
1985 – General practice with Davies, Rosplock, Coulson, Perez, Deeb & Harrell in Willoughby
1986 – Assistant Wayne County Public Defender in Wooster
1989 – General Practice with Newman, Leary & Brice in Chardon
1989 – Assistant Geauga County Public Defender
1990 – Present – Chief Geauga County Public Defender
2) List any scholarships, fellowships, honorary degrees, academic or professional honors, honorary society memberships, military awards and any other special recognition for outstanding service or achievement.
ONDREY
I have served as board chair for Geauga Hospital, Geauga United Way and for Birthright, Inc.
I have been president of Geauga Bar Association.
I served on Ravenwood Mental Health Board and University Hospitals System Board.
Designated a “Leading Lawyer” in Northeast Ohio by “Inside Business” magazine eight consecutive years. Rated by Martindale Hubbell as a “distinguished” attorney of “high ethical standing.”
RAMBO
- The Ohio State University School of Electrical Engineering Honors Scholarship
- Phi Sigma Pi – National Coeducational Honors Fraternity – The Ohio State University Chapter President
- The Ohio State University Moritz College of Law Rugby Club – Vice President
- Treasurer of Student Animal Legal Defense Fund
- Chief Justice of the Moritz College of Law Honor Council
UMHOLTZ
- Graduate of the Defense Language Institute, Monterey, Calif. – Chinese Mandarin
- Graduate of the National Criminal Defense College, Mercer Law School, Macon, Ga.
- Kirtland Kiwanis Citizen of the Year
3) List (a) the date(s) you were admitted to the bar of any state and any lapses in membership; (b) all courts in which you have been admitted to practice, including the dates of admission and any lapses in membership.
ONDREY
Admitted to Ohio bar November 1980. Admitted to all Ohio state courts, both Northern (1983) and Southern (2014) Ohio U.S. Federal District courts, and 6th Circuit Federal District Court of Appeals (c. 1988).
RAMBO
- Ohio Bar: 11/07/2005
- United States District Court, Northern District of Ohio: 06/22/2018
UMHOLTZ
- 1984 – Ohio
- 1986 – Federal District Court, Northern District of Ohio
4) List all bar associations or legal or judicial-related committees, selection panels or conferences of which you are or have been a member, and give the titles and dates of any offices that you have held in such groups.
ONDREY
Member Geauga County Bar Association since 1980, past president and vice president.
RAMBO
- Ohio State Bar Association
- Columbus Bar Association
- Cleveland Metropolitan Bar Association
- Geauga County Bar Association
- Geauga County Township Association, Associate Member
- 8th District Judicial Conference, Delegate
UMHOLTZ
- Ohio Bar Association
- Geauga County Bar Association
- Geauga County Christian Lawyers Association
- Christian Legal Society
- Ohio Association of Criminal Defense Lawyers
- National Association of Criminal Defense Lawyers
- Geauga County Community Corrections Board
5) Describe the general character of your law practice and indicate by date when its character has changed over the years.
ONDREY
See prior response to Question 1.
RAMBO
- My legal career began with the Court of Claims of Ohio. Shortly after being hired in 2005, I was promoted to magistrate, which began my judicial career. I presided over my own courtroom and had a bailiff and court reporter.
As a magistrate, I oversaw a docket of 125-150 cases. I was responsible for managing and deciding each case from beginning to end. I did all of my own legal research and wrote hundreds of my own judgment entries and decisions. I also conducted attorney conferences and presided over trials when necessary.
- In September 2013, I joined the Cuyahoga County Common Pleas Court, where I worked with Judge Richard McMonagle and later, Judge Maureen Clancy. Under those judges, I managed their entire civil dockets, performed all research necessary for each case, conducted every attorney conference and wrote all of the court’s entries and decisions.
Both Judge McMonagle and Judge Clancy also handled a commercial docket that specialized in cases involving business disputes.
More than three-quarters of the cases heard by the Geauga County Court of Common Pleas are civil in nature, something in which I am greatly experienced.
- In June 2018, I left the Cuyahoga County Common Pleas Court and joined the law firm of Collins & Scanlon LLP. My practice at Collins & Scanlon focuses on general and commercial litigation.
UMHOLTZ
See Question 8 below.
6) In terms of your law practice, approximate what percentage is:
ONDREY
Jury Trials: 20%
Bench Trials: 80%
Civil Proceedings: 90%
Criminal Proceedings: 10%
RAMBO
Jury Trials: 30%
Bench Trials: 70%
Civil Proceedings: 75%
Criminal Proceedings: 25%
UMHOLTZ
Jury Trials: Varies (%)
Bench Trials: Varies (%)
Civil Proceedings 5%
Criminal Proceedings: 95%
7) Do you believe “judicial” experience or “courtroom” experience is more important in becoming a common pleas court judge and why?
ONDREY
I believe “courtroom” experience is more important than “judicial” experience to become a judge.
Imagine a judge is equivalent to a general in a battlefield. A trial in a courtroom is a battlefield of sorts. The general may have many staffers who advise him, but such staffers do not experience the actual rigors of the battle; they observe and advise the general.
So, too, with staff attorneys to judges. They may gain “judicial” experience advising the judge, but they are not engaged in the actual struggle to prevail. It is in such struggle that both soldiers, and lawyers, gain the best experience to someday become the general.
Similarly, being hired as a magistrate right out of law school is helpful judicial experience, but such limited responsibility does not overcome the near total absence of being an advocate for clients.
RAMBO
Judicial experience is more important in becoming a common pleas court judge. Presiding over cases as a magistrate has provided me with the experience in weighing evidence and judging the credibility of witnesses. Working closely with two experienced common pleas judges has given me the knowledge and insight needed to take control of a busy court docket from day one.
My judicial experience as a magistrate and with the county common pleas court has essentially been on-the-job training for the judgeship I am now seeking. Acting in a judicial capacity requires an entirely different mindset than acting as an advocate for a client. Judges must make thoughtful and carefully considered decisions that are in accordance with the laws and Constitution of the State of Ohio.
UMHOLTZ
Notwithstanding claims to the contrary, none of the candidates for common pleas judge has “judicial” experience.
“Courtroom” experience is derived from actually being in the courtroom, representing people, understanding the Rules of Evidence and Procedure.
Civil work, while important to the parties, usually involves monetary disputes or injunctive relief. It does not equate to the level of intensity involved in criminal cases wherein the accused faces a potential for loss of liberty or life.
While civil cases comprise the greater number of cases filed in the court, criminal cases require the majority of the court’s time and are twice as likely to proceed to trial.
8) Discuss your “judicial” and “courtroom” experience.
ONDREY
My experience has been virtually all “courtroom” experience, although I have also served many times on arbitration panels, rendering decisions in civil cases. I have also been hired several times as a mediator.
RAMBO
- As a magistrate for the Court of Claims of Ohio for seven years, I handled a docket of approximately 125-150 cases at any given time. In that capacity, I regularly presided over bench trials and authored hundreds of decisions as a result. I was responsible for the management of my docket, including conducting attorney conferences, issuing case management schedules, making all necessary pretrial orders and rulings.
- Working closely with two common pleas judges put me in the trenches of Ohio’s busiest common pleas court. I worked closely with the judges to resolve cases and manage their civil case dockets. I performed all research and writing required during the adjudication of a case and authored decisions of the court as necessary. I also assisted with criminal proceedings including jury trials and sentencing hearings.
- In private practice, I have appeared on behalf of clients in the Federal District Court for the Northern District of Ohio, the Cuyahoga County Common Pleas Court, the Lake County Common Pleas Court, the Lorain County Common Pleas Court, the Medina County Common Pleas Court, Rocky River Municipal Court, and Willoughby Municipal Court. These cases range from small claims cases and evictions to complex commercial litigation.
UMHOLTZ
In 1980, I began working for Federal Judge Lambros as the coordinator of the Summary Jury Trial Project. The experience of working for a federal judge known for being both compassionate and an innovator left an indelible impression on the way I practice law.
Soon after entering private practice as a general practitioner, I realized I wanted to be in the courtroom and the greatest opportunity to achieve that would be in the area of criminal law. Since being appointed as our county public defender in 1990, I can honestly say there is no attorney in the county who has spent more time representing people in the Geauga County Common Pleas Court. I am there virtually every day. I know the needs and issues facing the court, the personnel and the operation of the court.
The 6th Amendment guarantees an accused to have effective assistance of counsel. The guarantee is meaningless, however, if an accused cannot afford to hire counsel. Therefore, the U.S. Supreme Court, in Gideon v. Wainwright, determined that anyone accused of a criminal offense in which loss of liberty or life is at risk is entitled to have counsel appointed at state’s costs if the accused cannot afford to hire counsel.
The state of Ohio has decided that effective assistance of counsel at state expense requires a certain level of experience and specialized training. Attorneys appointed by the court who do not meet the levels of experience and training will not be paid, through reimbursement to the counties, for the cost of that representation.
Under the experience and specialized training standards established by the state of Ohio, I am the only candidate eligible to be appointed to a serious felony case. I am the only candidate who has ever handled a death penalty, aggravated murder, rape or drug trafficking case.
Finally, I stand on:
- 20-plus years as council president provided experience and proven ability as an effective arbiter of disputes and issues of concern to the public.
- 29 years as a county department leader have demonstrated government administrative and budgetary experience and a record of working with the county commissioners to operate our office within the budget.
- Five years as one of the nine State Public Defender Commission members responsible for a $95,000,000 budget and having been appointed by both the Ohio Supreme Court and, subsequently, the governor of Ohio.
9) Discuss your “judicial” and “courtroom” experience.
ONDREY
Age can be a “relevant” factor in an election for judge. With greater age, however, comes greater experience. If you needed surgery, would you pick a surgeon with 30-plus years of actual experience, or pick a surgeon because he has the potential to be your surgeon for another 30 years? Experience trumps inexperience every time.
RAMBO
- Due to age restrictions written into the Ohio Constitution, candidates for judicial positions are required to be under 70 years old.
- This becomes a factor in the current common pleas race due to both of my opponents being in their late 60s. They both campaign on a premise of capping off their careers. The people of Geauga County deserve a full-time common pleas judge that understands the demands necessary to keep up with a world that is changing rapidly.
UMHOLTZ
Wisdom is the application of experience in making a sound decision. The breadth and depth of life experience combined with maturity, compassion and humility are rarely achieved without age.
10) Do you support the establishment of a drug court in Geauga County?
ONDREY
My support for a drug court would depend on the exact nature of that court. Installing a new judge who does nothing but handle drug cases (as some larger counties have done) might be too expensive. But, establishing a specialized docket for drug cases with additional personnel to assist and monitor such cases for the current Judges is something I do support wholeheartedly.
RAMBO
During my campaign I have knocked on thousands of doors throughout the county discussing my judicial experience and the opioid crisis. When I am elected, my first order of business will be to start the process to implement the Ohio Supreme Court’s specialized docket programs.
The supreme court has directed the lower courts to use specific evidence-based programs to identify and help those struggling with addiction and mental health issues. Along with certification come opportunities for funding from state and federal sources. The supreme court views this system this as a practical way to attack the opioid crisis with efficiency and accountability for all involved.
UMHOLTZ
Yes. Specialized dockets have been authorized by the Ohio Supreme Court and include drug courts, veterans’ courts and mental health courts among others.
Every contiguous county to Geauga has at least two specialized dockets. We have none. We have fallen behind and I am pleased to see Judge Paschke exploring the feasibility of developing a specialized docket to address mental health, addiction and veterans’ issues as factors leading to their involvement in the criminal justice system.
Effective treatment, however, requires a structured protocol to address every component needed for effective treatment. The Red Tulip Project is adding desperately needed long-term housing. The Department of Rehabilitation and Corrections through TCAP is diverting funding from its budget to participating counties for more effective and less costly local alternatives.
I am the only candidate who has a working knowledge of the issues facing the development of these specialized dockets and the clientele they are intended to help.
11) Do you support or oppose State Issue 1 (the Drug and Criminal Justice Policies Initiative) and why?
ONDREY
As a judicial candidate, I believe I should refrain from indicating support or opposition to any pending ballot issues. However, I do note that the Chief Justice of the Ohio Supreme Court and many sitting Judges have voiced strong opposition to the proposal.
RAMBO
As a judicial candidate I am not permitted to give my opinion on this issue.
UMHOLTZ
OPPOSE – Much of the funding for the initiative comes from out-of-state interests, including Mark Zuckerberg and George Soros.
In addition to the concerns that proponents of State Issue 1 are attempting to forward their objectives through a Constitutional amendment rather than allowing the legislature to address the issue, there are a multitude of questions regarding practical application. For instance, Issue 1 would not allow a judge to sentence an individual facing fourth- or fifth-degree felony possession cases to any prison or jail time. Rather, the judge must sentence them to probation.
This creates a number of issues: 1. A judge is required to set bond. If the judge cannot sentence to prison or jail, bond could not be set at anything other than personal recognizance. 2. If prison is not an option, is it even a felony, which allows for a potential prison sentence, or; a misdemeanor, which allows for jail time.
Without either option, the offense carries the same option as a parking ticket — no loss of liberty. If an offender is placed on “probation,” which is required by Issue 1 on the first two offenses, what is the consequence for violating “probation” particularly since Ohio no longer has “probation” for felony offenses? (Ohio utilizes “residential” and “non-residential community control.”)
Issue 1 will not only make Ohio a state with some of the most lenient drug laws, but will be a impossible for the courts to implement.
12) List any public offices you have held, including terms of service and whether such positions were elected or appointed. If appointed, please include the name of the individual who appointed you. Also, list any unsuccessful candidacies you have had for elective office or unsuccessful nominations for appointed office.
ONDREY
I have held the position of solicitor in the villages of Burton (1986-2004), Middlefield (2010- 2014) and South Russell (1998-present). I was appointed to those positions by the various mayors and council during those years, on two-year successive contracts. I still represent Burton on certain topics.
I served on the Chardon Village zoning board of appeals approximately three years.
I ran unsuccessfully in the March 2016 primary for the common pleas court.
RAMBO
None
UMHOLTZ
- Geauga County Public Defender – 7 terms since 1990 – Appointed by the Geauga County Public Defender Commission
- Appointed 2013 by the Ohio Supreme Court to serve a four-year term on the nine-member State Public Defender Commission
- Appointed in 2018 by Gov. John Kasich to serve a four-year term on the nine-member State Public Defender Commission
- Elected seven times (two 2-year terms and five 4-year terms) as Kirtland City Council-at-Large, from 1993-2017
- Elected 21 times to serve as Kirtland City Council President
13) What are the ideal or most important personal characteristics you possess for this position?
ONDREY
My most important personal characteristics for the judge position is an even-keeled temperament combined with an ability to quickly analyze and digest complex problems.
I do not get lost in the weeds; I am not an ideologue; I am an effective listener. I respect most individuals and acknowledge honest differences among us.
Once a decision is made, I move on to the next problem and solve it as best as I am able.
And I possess leadership characteristics as my record on leading various local boards demonstrates.
RAMBO
I pledge to be an impartial arbiter who favors no political party or ideology. I will make decisions not to reach a preferred result in any particular case, but because the laws and Constitution of the State of Ohio compel a particular result.
I am an independent, hardworking, even-keeled, open-minded, dedicated public servant. These characteristics are essential for any judge and I have already demonstrated as such on the bench as a magistrate.
UMHOLTZ
I believe the most important characteristics for this position are no different than those characteristics required for any position: honestly, humility, compassion and integrity. Personally, although I often fall short, my ideal is to have my Christian faith be reflected in the way I conduct myself.
