LISBON Judges sue to force release
Without an assurance of adequate funding, the courts would be forced to shut down, their attorney maintains.
By NORMAN LEIGH
VINDICATOR SALEM BUREAU
LISBON -- Columbiana County courts are asking the Ohio Supreme Court to order county commissioners to give them the balance of funds appropriated for their use this year.
Atty. Frederick Emmerling of East Liverpool, who is representing the judges, said Monday the lawsuit is being filed because the courts have "reached a critical juncture."
Without the assurance of adequate funding, the courts could be required to cease operations, Emmerling said in a prepared statement.
Commissioners are required by law to provide enough money to operate the court system, Emmerling argued.
The lawsuit was filed recently by Judge David Tobin, common pleas court administrative judge, and Judge Thomas Baronzzi of the county probate and juvenile courts.
Shortage
The lawsuit alleges that commissioners appropriated a total of $1,034,592 for court operations this year but have made available only $546,839 of that amount, leaving a shortage of $487,753.
The shortages pertain to the courts and related operations such as the adult and juvenile probation departments, the law library and the jury commission.
"We don't have it," Commissioner Sean Logan said of the money being sought by the court.
Limited options
Even if the judges' lawsuit succeeds and the commissioners are ordered to fork over the money, Logan said commissioners' options for obtaining it are limited.
Commissioners could impose a half-percent increase in the county sales tax, bringing it to 1.5 percent, the maximum allowable by law.
A half-percent increase would bring in about $3 million annually. But revenue from an imposed increase wouldn't start coming in until November or December, Logan explained.
The panel also could reinstate a 2-mill property tax giveback the board adopted in November 2000 as part of a deal with taxpayers, Logan said.
Commissioners promised to reduce property taxes by 2 mills if voters adopted a 1 percent sales tax, which they did.
The property tax giveback is costing the county about $2.5 million annually.
Although commissioners would have the option of reinstating the giveback, Logan said he's opposed to doing so because it was part of a deal commissioners made with voters and he doesn't want to break it.
Earlier suit
The judges are the second group to sue commissioners for more money.
Last month, the county Veterans' Service Commission filed a lawsuit seeking an additional $104,154 for this year.
The agency is saying the commissioners' 2002 appropriation of $294,712 is inadequate.
Commissioners say they have been forced to adopt a bare-bones 2002 general fund budget because county government expenses are outpacing revenues.