Judge files complaint over funding denial

He argues that the city has a legal duty to fully fund the court.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- Girard Municipal Court Judge Michael Bernard ordered additional funding. City council turned him down. Now, the judge has taken that order to appellate court.
Judge Bernard, in a complaint for writ of mandamus filed Thursday in the Court of Appeals 11th Appellate District Trumbull County, asked that council and the mayor show why the requested funds of $49,000 were not granted to the court. The judge had asked for the additional funds in late November.
The judge's court action also requested that, upon the city's failure to give a reason for the money's not being granted, the city be made to appropriate a sum of $849,503 dollars to the court for the year. That figure includes the requested $49,000.
The judge also asks that the city be held responsible for paying the cost for filing the court action.
What filing says
In the complaint, Judge Bernard said city officials increased appropriations to the general fund by $272,982 in November but did not provide additional appropriations necessary to operate the court through the end of 2005. In failing to do so, the complaint says, the city violated its constitutional and statutory duties.
"The failure of [the city] to appropriate the aforesaid sums, which are reasonably necessary for the operation of the Girard Municipal Court for the calendar year 2005, is an unconstitutional infringement upon the necessary independent operation of the judicial branch of government," the complaint says.
Mayor's stance
Mayor James Melfi said most members of council have expressed a desire to stick with the previous decision and not appropriate the court any additional funds, but, he said, the city will follow direct court orders. Melfi said the city's course of action will likely be decided at an upcoming fiscal oversight commission meeting.
"We have always followed the law, but that does not change the facts -- the fact remains that the court is $250,000 in the red for 2005. That is not acceptable," Melfi said.
The court was appropriated $600,000 for 2005 but will spend about $850,000 by the end of the year. The court is expected to generate about $550,000 in revenue by the end of the year.
According to Melfi, the court's caseload dropped by about 3,000 cases between 2003 and 2004.
jgoodwin@vindy.com