By Sheila McLaughlin
The Cincinnati Enquirer

Oliver

LEBANON - After 16 years as Warren County prosecutor, Tim Oliver assumes a new role and a new title today: Domestic Relations judge.

Ohio Gov. Bob Taft appointed Oliver on Thursday to fill the vacancy that opened when Judge James Flannery moved to the Common Pleas Court General Division to succeed P. Daniel Fedders, who retired after more than 30 years in February.

Oliver, 52, a Lebanon resident who ran Taft's Warren County campaign for governor in 1998 and 2002, was among three candidates for the divorce court job, winning out over Springboro attorney Christopher Cornyn and county Domestic Relations Magistrate Brenda Dunlap.

Oliver traveled to Columbus Thursday morning to receive his official commission from the governor, and was nearly finished packing up his old office by mid-afternoon. He will be sworn in as Domestic Relations judge by his predecessor at 3 p.m. today.

TIM OLIVER BIO

Personal: 52, Lebanon resident. Married to Lois, an attorney. Father of Dan, 23, and Matt, 20. Education: 1974 graduate of Ohio State University Law School. Undergraduate degree also from Ohio State. Career: Began working as an assistant prosecutor in December 1974. Appointed prosecutor Dec. 31, 1986. Most memorable high-profile case: Oliver and Mike Powell, now the county's juvenile judge, prosecuted Tony McIntosh in the 1987 death of Morrow Police Officer Jeff Phegley. A jury convicted McIntosh of murder and sent him to prison for 15 years to life. He remains in prison, after being denied parole in 2000. "It was the first time we had a police officer in the county killed in over 50 years, and I wanted to make sure it was the last one ever," Oliver said.

Oliver was enthusiastic about his career change, calling it a natural progression, even though domestic relations is one of the most volatile courts in any county because it handles often contentious divorces, child custody issues and child support enforcement.

"I'm not a stranger to people who don't get along," said Oliver, who has spent his entire law career since graduating from Ohio State in 1974 in the Warren County Prosecutor's Office.

He added: "I want to make sure the children are not victims of divorce."

Oliver will have to run to keep the seat in 2004.

County commissioners appointed Oliver's chief assistant, Rachel Hutzel, as acting prosecutor Thursday night - a job she will hold for up to 45 days. It's a post she wants for good.

The judicial appointment is expected to touch off a battle within the Warren County GOP's central committee, which is split over whether to appoint Hutzel or Blue Ash City Prosecutor David Fornshell to replace Oliver until that position comes up for election in November 2004.

Both have been campaigning heavily for the job. Hutzel, 47, an assistant prosecutor for nearly a decade, said she is endorsed by the Fraternal Order of Police and has support from "most of the township and county officials."

Fornshell, 29, of Lebanon, could not be reached for comment. The graduate of Pepperdine University law school is favored by Christian conservative activists in the county GOP. A member of the Cincinnati law firm Dinsmore & Shohl, Fornshell serves part time as prosecutor in Blue Ash.

Lori Viars, secretary of the central committee, said she thinks the GOP's choice for prosecutor will reach beyond the party's internal philosophical rift.

"This particular battle crosses a lot of lines. A lot of people who wouldn't consider themselves pro-life think we need somebody fresh to come in and take over the prosecutor's office," she said.

E-mail smclaughlin@enquirer.com