MAHONING COURTS Civil lawsuits swamp judges

Judges say neither the state nor the county can afford a sixth judge.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Civil lawsuits are being filed in Mahoning County Common Pleas Court at a record pace for the third year in a row, but judges say they can't afford to ask for help to keep up.
In January, common pleas judges were considering the possibility of adding a sixth judge, or more magistrates, to help handle the ever-increasing caseload. It would have required asking the Ohio Supreme Court to recommend that the state Legislature create an additional judgeship for the county.
But Judge Jack Durkin said that even though the need for help is more pressing than ever, the state and county are in no financial condition to make it happen.
"We have to be cognizant of the fact that there would be some financial impact, and we need to ensure that it doesn't negatively impact Mahoning County as a whole," Judge Durkin said. "I think it's a matter of being fiscally responsible."
Common pleas judges make about $107,600 a year, which is established by the state Legislature. The state pays 85 percent of those salaries, and the county pays the rest.
Judge Durkin said both the state and county are facing financial difficulty, so it's not a good time for either to incur the extra expense an additional judge would create.
Record year
Last year, a record 4,118 civil cases were filed in common pleas court, which was more than 650 over 2001, which was also a record year.
Nearly 2,200 cases have been filed already this year, meaning the number is on pace to break last year's record, said Kathi McNabb Welsh, chief deputy clerk of courts.
Criminal cases also are well ahead of last year's pace. According to records in the clerk of courts office, there were 738 criminal indictments filed as of Wednesday. In 2002, there weren't 738 indictments until July 18.
The rising numbers mean increases in paperwork for court personnel. It also makes it more difficult for judges to effectively manage their dockets.
Reasons
Welsh said the civil caseload increase is due largely to a rising number of mortgage foreclosures by banks -- something that is not unique to Mahoning County. According to the Ohio Supreme Court's annual court summary, there was a 27 percent increase in foreclosures across the state last year.
Workers' compensation appeals also contribute to the caseload increase, Welsh said. The state court summary report shows that there were 364 workers' comp cases filed last year in Mahoning County, which was the sixth-highest in the state.
Requests for civil protection orders, also known as anti-stalking orders, are filed by the hundreds in Mahoning County, further clogging up the courts, Welsh said.
"To think that we're ahead of last year's pace presents a lot of concerns for the court and for this office," Welsh said.
Judges have two full-time magistrates who work primarily on helping dispose of civil cases. Judge James C. Evans said they could hire a third magistrate without legislative approval, but judges don't want to tax the county's already strained budget this year. He intends, however, to propose that the courts hire another magistrate next year.
Shortage of space
But while the addition of a judge or magistrate would help the courts better control their caseloads, Judge Evans said it would complicate another problem that has long plagued the courts: a shortage of space.
When a fifth judgeship was created for Mahoning County in May 1990 -- also because of a growing caseload -- there wasn't a courtroom to accommodate him. A small courtroom was created on the third floor, which is where Judge Evans currently sits.
That space, cramped and compact, has been deemed unsuitable for a courtroom, and judges are trying to find a way to get Judge Evans into a full-sized courtroom.
"Even if we hire someone else, or if the state approves another judge for us, it comes back to the old issue of space," Judge Evans said. "There's nowhere to put another one."
bjackson@vindy.com