MAHONING COUNTY Is a new battle in the works over juvenile-court funding?

One commissioner said he'll try persuading the judge to reconsider.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Mahoning County commissioners say another courtroom battle over funding the juvenile court seems imminent.
Judge Theresa Dellick of juvenile court has submitted a court order to commissioners, ordering them to provide her with $6.6 million to fund the court in 2004. It's the second consecutive year the judge has mandated funding for her court.
"Just in time for Christmas," said Commissioner Ed Reese. "It looks like we're headed back to court."
Judge Dellick sued commissioners in January over her budget appropriation. She requested $6.9 million for 2003, up from the $5.3 million she spent in 2002, but commissioners appropriated only $4.6 million.
The Ohio Supreme Court ruled in November that her budget request was reasonable and ordered commissioners to fully fund the court. Because it was so late in the year, the judge agreed to accept $925,000 rather than the full $2.3 million difference.
Commissioners are anticipating budget cuts to general fund departments next year because revenue isn't keeping pace with the increased operating costs. They asked departments to cut their budget requests accordingly.
Adjusted request
Judge Dellick submitted a request of $6.8 million earlier in the year, but noted in her court order that she'd made some adjustments after a Dec. 9 budget hearing with commissioners, reducing her court-ordered amount to $6.6 million.
Commissioners said it's still going to be difficult to fund the court at that level, though they might not have a choice, based on the Supreme Court ruling.
Commissioner David Ludt said he plans to meet with Judge Dellick and ask her whether there are ways to further reduce her budget request and hopefully avoid another legal battle.
"I'm going to work with her and see if there are any alternatives," Ludt said.
One commissioner's view
Commissioner Vicki Allen Sherlock said she's torn between fighting Judge Dellick again over the budget request, or simply giving in and avoiding the expense of a legal battle.
Commissioners had to pay more than $46,000 in legal fees for lawyers who represented Judge Dellick and Judge Timothy P. Maloney of probate court, who also successfully sued commissioners over funding.
"We're stuck between a rock and a hard place," Sherlock said. "The Supreme Court pretty much just rubber-stamps whatever the courts want. But, in light of the budget currently, I think we might be headed down the same path as this year."
Sherlock said she'll have a better idea about the funding issue once commissioners approve a final 2004 budget in January. The board passed a temporary $12 million budget Thursday.
bjackson@vindy.com