MAHONING COUNTY Judge disputes contention she's wrong to ask for funds



'The funding issue is a 'bunch of hype,' the juvenile-court judge says.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
YOUNGSTOWN -- Judge Theresa Dellick and her attorney disputed contentions today that complying with a state Supreme Court ruling to increase funding for the Mahoning County's juvenile court system would cause significant financial hardship.
"The claims that Judge Dellick's lawsuit will cause massive layoffs is overstated," said John B. Juhasz, the juvenile-court judge's attorney.
But if increasing funding for juvenile court does result in layoffs and major budget cuts, Juhasz said, "it is fair to ask why those who have charge of the county's finances have made no contingency plans and suddenly claim that financial calamity reigns. If budget cuts and layoffs do take place, the Supreme Court has made clear that the legal responsibility does not lie with Judge Dellick."
Judge Dellick had a news conference today to address what she called "mass hysteria" and a "bunch of hype" about funding juvenile court.
Supreme Court ruling
The Supreme Court ruled Sept. 25 that commissioners had to provide the juvenile court with an additional $2.3 million for this year. The commissioners had given the juvenile court system $4.6 million for the 2003 fiscal year, down from $5.35 million from 2002. Judge Dellick had asked for $6.9 million; and the Supreme Court ruled in her favor.
In the decision, the Supreme Court wrote that local courts have "inherent power to order funding that is reasonable and necessary to the courts' administration of their business," and that "government hardship is insufficient by itself to establish an abuse of discretion in determining the required amount of court funding."
Juhasz said not having enough money isn't a legal argument not to properly fund juvenile court, but he added that the county has the money to fund the system.
Commissioners' responses
Commissioners Vicki Allen Sherlock and Ed Reese are refusing to comply with the court order or even meet with the judge to negotiate a settlement. Commissioner David Ludt wants to settle.
"Other judges have needs and understand the county's financial condition and budgetary constraints," Sherlock said. "My job is not to be Judge Dellick's conscience, but to best allocate money in the county."
Juhasz filed a motion to seek a charge of contempt of court against the commissioners.
"It's appalling that elected officials feel free to ignore an order of the Ohio Supreme Court," Juhasz said.
Judge Dellick acknowledged she may not be winning her case in the court of public opinion, but she wants to do something to better educate people about the issue. The judge will hold an open house from 3:30 to 6 p.m. Oct. 21.
Sherlock says the open house is in response to the political and public fallout the judge has faced since the court decision went her way.