MAHONING COUNTY Court change is still on hold



Officials say the county's teetering financial situation has delayed the issue.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- It's been six months since a committee of Mahoning County officials asked commissioners to overhaul operation of the county's four area courts.
The committee said changing from part-time to full-time judges will improve the judicial system by eliminating potential for conflicts of interest.
Nothing has been done since then, and officials say there's no sign that the issue will be taken off the back burner any time soon.
"I don't see anything happening with it right now, that's for sure," said Mark Huberman, chairman of the corrections planning board. "Probably not until at least next year."
Huberman said the county's tenuous financial condition is the primary reason that revamping the courts has gone nowhere.
Tax up for vote
The county stands to lose about $13 million a year in general-fund revenue if a 0.5-percent county sales tax is not renewed in November. Voters rejected a five-year renewal in the March primary election.
With the fate of the tax -- and the county's financial future -- still uncertain, Huberman said he's not inclined to press the issue.
"I don't know how receptive and responsive [commissioners] would be to a proposal like this," he said. "The county's economic climate has things pretty much up in the air."
The issue is whether the judges who preside over area courts in Austintown, Boardman, Canfield and Sebring should be switched from part time to full time. The courts primarily hear traffic cases, misdemeanor criminal matters and civil small claims.
Ohio law allows part-time judges to maintain a private law practice. Full-time judges, like those who preside over the common pleas courts, must give up their private law practices to take the bench.
The corrections planning board thinks there is potential for conflicts of interest in having part-time judges who are allowed to work as lawyers in local courts while they are off the bench.
That's why the panel recommended in November 2003 that commissioners seek legislation to change the county courts from part-time to full-time judgeships.
Such legislation would be required because judicial terms are established by state law.
Proposed changes
The board has suggested eliminating the four part-time positions and replacing them with three full-time judgeships. Boardman and Austintown would each have a judge, while the third judge would ride the circuit between Canfield and Sebring.
The board said increases in judicial salaries and staffing costs would mean an increase of about $200,000 a year over the current costs.
The increase would be only about $36,000 a year if the Austintown, Boardman and Canfield courts are eventually consolidated into one building.
Dr. Richard Billak of Community Corrections Association said commissioners initially asked the planning board to hold off pursuing the issue until after the March primary election.
Commissioners' responses
Commissioner Ed Reese had said he was concerned that if commissioners closed courts in the local communities, voters would retaliate by rejecting the sales tax.
The sales tax is back on the ballot for a second renewal attempt in November, so Commissioner David Ludt said the court overhaul issue isn't likely to see the light of day before the end of the year.
Reese and Commissioner Vicki Allen Sherlock are not seeking re-election after their terms expire at the end of this year. That means there will be two new commissioners in office beginning in January. Huberman and Ludt said they'll revisit the issue then.
"Two new commissioners might bring a different view to the whole situation," Huberman said. "I guess we'll just wait and see."
bjackson@vindy.com