Appeals court sidelines hearing for Wellington
Judge Elizabeth Kobly said she looks forward to responding to the new writ.
By DEBORA SHAULIS
VINDICATOR STAFF WRITER
YOUNGSTOWN -- A contempt hearing for Mahoning County Sheriff Randall A. Wellington before Youngstown Municipal Court Judge Elizabeth A. Kobly has been stopped, at least temporarily, by the 7th District Court of Appeals.
In a journal entry filed Tuesday, the appeals court issued an alternative writ, as sought Friday by Mahoning County Prosecutor Paul J. Gains on behalf of Wellington. Judge Kobly was restrained from proceeding with Wellington's hearing, which was to have taken place today regarding a prisoner who was furloughed from the county jail despite the judge's "Do Not Release" order.
Gains and Judge Kobly have 28 days to file briefs with the appeals court as to why the alternative writ should or should not be made permanent.
"The order gives me an opportunity to respond, which I delight in doing," Judge Kobly said.
Gains said he can't comment on pending litigation.
At heart of controversy
In his motion, Gains argued that a municipal court does not have the right to override operational policies that county common pleas court judges adopt for the jail. Gains also asked the appeals court to prevent Judge Kobly from issuing further orders that supersede the emergency jail release mechanism.
Judge Kobly has said the emergency release policy is unfair to lower court judges, who hear misdemeanor cases only.
That policy was drafted last March, after inmates won a federal lawsuit and U.S. District Judge David D. Dowd Jr. declared the overcrowded, understaffed county jail to be unconstitutional. In response to Judge Dowd's directives, common pleas judges devised a system to prioritize offenses in order to limit jail population to 296 inmates. Prisoners charged with misdemeanors or nonviolent crimes are either released on a court summons or serve their sentences later, when jail space is available.
Judge Kobly sentenced Ronald A. Tomlin, 19, of Hudson Avenue on Nov. 29 to seven days in county jail for a domestic-violence conviction. Tomlin received emergency release the same day.
Wellington said his department did not receive part of Judge Kobly's journal entry, which included a handwritten message: "Sheriff not to release early." Tomlin was arrested Nov. 30 and returned to the jail. On the same day, Judge Kobly ordered Wellington to appear before her and explain why he shouldn't be found in contempt of court.
shaulis@vindy.com