Judicial candidate survives ballot fight
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There was little political theater inside the courtroom yesterday, but outside former friends Michael Diven and Jim Motznik hurled accusations at one another in their battle over a 19th Ward district judge seat, mostly over forged petition signatures inked at a Mount Washington bar.
Mr. Motznik, the District 4 city councilman, failed in his attempt yesterday to knock Mr. Diven, his predecessor and former boss on council, off the district judge ballot. Mr. Motznik had alleged his opponent's nomination petitions included at least four forgeries, but the court never got to those claims -- Common Pleas Judge Joseph James ruled in Mr. Diven's favor in another matter that validated 32 other petition signatures, rendering the forgery claims moot.
That silenced neither.
Mr. Motznik's claims were "a political trick by a desperate opponent," Mr. Diven said, then questioned his former aide's judicial bona fides. "Not once has he stood up and stated his qualifications" for the office.
"It's unfortunate someone who turned in signatures that were forged is still around in this election," countered Mr. Motznik. His opponent's claims about dirty tricks were "absolutely not true," he added.
Mr. Diven left City Council for the state Legislature in 2000, whereupon his then-chief of staff, Mr. Motznik, took over the seat. Years later, two Diven aides were caught up in a forgery probe over election petitions filed during his failed attempt to win re-election to the House in 2006.
Yesterday, Mr. Diven acknowledged a handful of the signatures on the current petitions were invalid -- he said a campaign volunteer left a petition on the bar at Kaib's on Mount Washington, and someone illegitimately scribbled in names. He planned to voluntarily waive the signatures if they came up in court yesterday, Mr. Diven said, and he apologized to one Mount Washington man whose name was among the forgeries.
Mr. Motznik's lawyer tried to invalidate 32 signatures collected by a Diven worker who was registered as an independent, rather than a Democrat. Judge James ruled the signatures valid, securing Mr. Diven the 100 needed to get on the May 19 ballot.
Mr. Motznik and Mr. Diven are running for the Democratic nod for the 19th Ward seat held by retiring District Judge Charles McLaughlin.
First Published March 26, 2009 12:00 am
