YOUNGSTOWN Officials peacefully debate use of space at county courthouse

A new courtroom is one of the options being eyed for the vacated space.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Now that the prosecutor's office has moved out of the Mahoning County Courthouse, officials are trying to peacefully sort out how to best use the space that was once the subject of a turf war.
"We're open to suggestions," said Richard Malagisi, director of facilities management.
The prosecutor's office once occupied much of the courthouse's third floor. It moved out of the building earlier this year into new offices in the county administration building, directly behind the courthouse.
Who wants the space
The common pleas court general division and domestic relations judges both submitted court orders in late 2002 staking claims to the space. The five general division judges say they need it for consolidation of their administrative offices, which are scattered across several floors of the building.
The general division judges, who preside over criminal and civil cases, also have long looked for additional courtroom space. The third-floor courtroom occupied by Judge James C. Evans is too small and inadequate for trials.
"As far as I'm concerned, we badly need additional space in this building," said Judge Jack Durkin.
Judge Beth A. Smith of domestic relations court said she wanted to relocate some of her staff to the third floor from the basement. Her offices and courtroom are on the fourth floor.
Judges said they have mulled construction of a new courtroom in the space once occupied by the prosecutor's criminal division.
"It's being considered," Judge Durkin said. "It might happen. Who knows."
The Ohio 7th District Court of Appeals occupies a large courtroom and offices on the fourth floor but has announced plans to put up its own building downtown and vacate the courthouse in about two years.
When that happens, one of the general division judges can move into that vacated courtroom, freeing up a larger courtroom for Judge Evans.
If officials decide to build a new courtroom in the old prosecutor's office right now, Judge Evans said, there would still be a need for it after the court of appeals leaves the building.
He said judges are hoping the Ohio Supreme Court grants addition of a sixth judgeship, or at least two more full-time magistrates, within the next two years. Judges say their caseloads have continually increased over the past five years, so there is a need for help.
"If in fact that [prosecutor's] space can be used as a courtroom for Judge Evans, and then be turned over to the magistrates or others down the road, that space will be used by the general division," Judge Durkin said.
The small courtroom now occupied by Judge Evans could be used as a courtroom for magistrates, or for visiting judges to use when they are in the county on assignment by the high court, Judge Evans said.
The common pleas court has two full-time magistrates to hear civil matters.
Judge Smith said she had considered moving her entire operation onto the third floor, which would have freed up her courtroom on the fourth floor for one of the other judges.
"We talked about that, but no one did anything," she said. "The plan just sat there."
Likes it where she is
In the meantime, the judge had gotten a grant from the Ohio Supreme Court to be used for court security. She used it to install secured entrances to her offices and chambers, and now has no desire to leave.
"I love it here now," she said.
Judge Smith said she would still like to move her staff from the basement to the third floor, but would use the space once occupied by the prosecutor's civil division, which is in the opposite corner from the criminal division.
Part of the problem, Judge Smith said, is that no one can decide who's in charge of allocating space in the courthouse. Judges say they are the final authority, and county commissioners say it's up to them. Clerk of Courts Anthony Vivo says there is a space allocation committee that makes those calls, but it has been ignored.
Judge Timothy P. Maloney of probate court, who serves as presiding judge for all common pleas judges, said a meeting will be Monday for judges and Malagisi to talk about the issue.
"It will just be a sharing of ideas," Judge Maloney said.
He said if the court of appeals is leaving, there should be no reason for building a new courtroom.
"But we'll talk about it and see what happens," he said. "We will do the best we can with the limited funds we have available."
bjackson@vindy.com