MAHONING COUNTY Officials press for plan to overhaul county courts



One commissioner fears voters would retaliate by dumping a sales tax.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Mahoning County officials once again want county commissioners to press on with a plan to revamp operation of the county's four area courts.
But Commissioner Ed Reese said concern over possible voter backlash against a county sales tax could hold things up.
The county's corrections planning board recently sent a letter to commissioners, asking them to request state legislation to change four part-time judges to three full-time ones in the courts.
Mahoning County has area courts in Austintown, Boardman, Canfield and Sebring. Each court has a part-time judge who presides over misdemeanor criminal cases, traffic cases and small-claim civil cases.
Long discussion
The change has been talked about since 2000, shortly after Columbiana County did something similar with its area courts. Legislation is needed because judicial terms are established by Ohio law.
The planning board asked commissioners for a resolution in 2002, but nothing was done. Commissioners said they were consumed at the time with stumping for passage of a sales tax and let the issue grow cold.
Because the area courts are part time, the judges are also allowed to maintain private practices. The corrections planning board thinks that creates potential for conflicts of interest when judges, in their capacity as private attorneys, practice before other local judges.
The board also thinks the caseloads in the area courts have grown to levels that require full-time judicial attention.
Consolidation plan
The panel also wants to consolidate the Austintown, Boardman and Canfield courts into one centrally located facility, which it says would result in savings of about $132,000 a year, mostly through reduced costs for rent payments, security and prosecutorial staff.
The planning board passed a resolution Oct. 31 supporting the consolidation and conversion to full-time courts.
"There is a consensus that this is a good idea," said Atty. Mark Huberman, board chairman. "Now we are asking the commissioners to move on it."
Expiring leases
Huberman said the leases on the three court facilities should expire soon, so commissioners should be looking for a centrally located facility to house those courts.
He said the panel does not support closing the Sebring court because it would create a hardship for people in that part of the county to drive to the Youngstown area for court appearances.
Reese said he doesn't want to close the area courts because people in those communities would be upset.
"If we take their courts away, they're going to be complaining," Reese said. "People feel pretty strongly about that."
He said the timing is bad because the county will have a 0.5 percent sales tax on the ballot for renewal next year. The sales tax -- one of two 0.5 percent taxes on the books in the county -- accounts for about 25 percent of the county's annual general fund revenue.
Reese said he fears that residents and officials in the affected communities would vote against the sales tax in retaliation for the local courts' being relocated.
"The stumbling block always is that sales tax," Reese said. "As long as it's hanging out there, they've got us."
Commissioner Vicki Allen Sherlock said she favors the court overhaul but wants to first ensure that it would improve efficiency and be cost-effective.
Huberman said the corrections planning board did a cost analysis and determined that it would save money.
An attempt
Commissioner David Ludt said that earlier this year, he looked into leasing a building in Austintown Township to house the courts, but the building was leased to someone else before the county could get it.
"That ship has passed," he said.
Ludt and Sherlock said they're willing to consider the switch to full-time judges, but Reese said he thinks such a plan should include municipal courts in Youngstown, Campbell and Struthers.
The planning board contacted officials from those areas last year to ask whether they wanted to be included in the overhaul. Those communities declined, so the plan proceeded without them, focusing only on the county courts.
Reese also said commissioners should hold public hearings on the matter before taking any action.
Huberman said the issue has languished long enough and it's time to move forward.
"Why stop the progress toward the goal of full-time justice?" he said.
bjackson@vindy.com