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The only dissent came from Judge Robert Nader, who wrote: "A $212 million plus judgment erased on appeal by a panel whose local political party received approximately $1 million in contributions from a very financially interested individual since the inception of the case, creates a classic scenario giving rise to every nuance of political influence in our courts which calls for self-disqualification."
Smart Media is appealing once again to the Ohio Supreme Court.
Batchelder, quite naturally, is incensed by the implication that he was bought. "Never in my 40 years of public service has anyone ever accused me of anything unethical, until this malcontent scumbag lawyer [Melick] came along," he says.
He prefers to think of the money as "ideological contributions." It's a common take among politicians: Donors are supporting a general belief system — i.e., conservative or liberal, etc. — rather than buying favors.
"People give me money because I'm a philosophical conservative," says Batchelder, now retired. "No one can buy my vote. That's for damn sure."
Yet he acknowledges that the prevailing perception in Ohio is that justice awaits the highest bidder. "It's tragic that people think that way," he says. "I'm not going to say that there aren't unethical judges, but there are a lot that make a very good effort . . . What are we gonna do? Start bringing in judges from West Virginia?"
But as Smart Media appeals Baird's decision, it's preparing for yet another unfavorable outcome. After all, Meyerson also made generous donations to Supreme Court justices. He gave Maureen O'Connor $52,000 when she was running for lieutenant governor. And Jones Day, the law firm representing Telxon, gave Justice Terrence O'Donnell more than $10,000 in September 2006 alone.
Still, Smart Media is hoping that Chief Justice Thomas Moyer will finally put his money where his mouth is. In the past few years, Moyer has become an advocate for ending the moneyed influence on Ohio's justice system. "Public trust is undermined wherever the perception exists that campaign contributions influence the judicial process," he said in October.
To Smart Media, now would be the perfect time to diminish that perception.