MAHONING COUNTY Flood of cases threatens to swamp court system

A judge and the clerk of courts both say they need more staffing to keep up.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Mahoning County Common Pleas Court officials say they are slowly sinking under a rising tide of litigation.
At least one judge says the courts need to get help, possibly in the form of more magistrates, before they go under, and the clerk of courts says he needs more staff to keep up with waves of paperwork.
"The numbers are to a point where we have to address this immediately," said Judge R. Scott Krichbaum, administrative judge for the court's five general division judges.
More than 4,430 civil cases already have been filed this year, far surpassing the 4,118 that were filed in 2002. Last year's record total was more than 650 higher than 2001, which also was a record number at the time.
"The number of cases just keeps going up and up and up, but you still have the same number of judges handling them," Judge Krichbaum said.
Can't keep up
Clerk of Courts Anthony Vivo said his staff is too small to keep pace with the growing demands brought on by the increased filings. Clerks are days and weeks behind in getting paperwork processed and filed, through no fault of their own, he said.
"It's to the point that I am embarrassed about it," Vivo said. "I've been apologizing to the lawyers when they come in and complain, but there is nothing we can do."
Neither Vivo nor Judge Krichbaum could put a finger on the reason for the upswing in civil suits, but both said economics could be a factor.
Vivo said he expects the total number of civil cases to reach 4,500 by the end of the year, with about 1,300 of them being mortgage foreclosures and about 450 being civil protection orders, also known as anti-stalking orders.
Vivo said his office's workload has increased some 40 percent in the past five years, and that his staff has increased from 18 to 20 in the same time frame. He needs at least two more clerks to keep up with the growing load, he said.
"The bottom line is that when economic times are tough, people are more prone to sue," Vivo said. "God knows times are tough around here right now."
Vivo said his staff has been working Saturdays to get caught up. He commended the judges for the way they've handled the heavier load without increasing their staffs.
Action needed soon
Judges have long considered asking for help in dealing with the ever-growing caseload, either by seeking the addition of a sixth judge or hiring more magistrates besides the two they already have on staff.
They've held back because of a shortage of money in the county coffers to pay for extra personnel, and a shortage of space in the courthouse to house them. But Judge Krichbaum said judges need to make a move before the load grows so heavy that they'll never catch up.
He said each judge has about 1,000 cases pending on his or her docket at any given time, including civil and criminal matters. That's about double what it should be for effective case management, he said.
"It's as if for every case we dispose of, two or three more are filed," the judge said. "That is in essence what has happened."
The Ohio Supreme Court appointed retired common pleas judge Charles J. Bannon earlier this year to help dispose of cases involving asbestos litigation. Even with his help, the judges have difficulty keeping up, Judge Krichbaum said.
He said adding another full-time judge is not the answer because there are simply too many cases for one judge to make a difference. The answer, Judge Krichbaum said, is hiring more magistrates who could handle civil and nonjury criminal matters.
Budget crisis
But the county is in a budget crisis and has asked departments to reduce spending for next year, not increase it. Judge Krichbaum said the courts are sensitive to the situation, but will probably have to hire more help anyway.
"The idea isn't to make our jobs easier. There is always going to be plenty of work," the judge said. "The idea is that the people of this community have a right to expect justice in a fair manner, and timeliness is a part of that equation."
He said it usually takes at least two years, and often much longer, for a civil case to make it to the courtroom for trial. That's largely because of the sheer volume of them, and because civil matters often get pushed aside in favor of criminal matters, which take precedence under the law.
Judge Krichbaum said the courts use alternative dispute resolution methods, such as arbitration and mediation, in an effort to reduce the backlog of cases. Judges raised the court filing fees in April, with revenue used to pay a full-time mediator.
Vivo said he plans to install a document scanning and imaging system next year that should lighten the load a little, but won't eliminate it altogether.
"It's a huge challenge and we're struggling, but I'm not going to let the bottom fall out," Vivo said. "I'm hoping that things slow down next year. That's my only hope."
bjackson@vindy.com