Court hires 2 to handle civil cases

In 2005, almost 4,800 new civil cases were filed.
By DEBORA SHAULIS
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Divide the time of three magistrates among five trial court judges of Mahoning County Common Pleas Court, and the result is a fraction of support for judges with large criminal and civil caseloads.
The hiring of two additional full-time magistrates will create a 1:1 ratio with judges and, it's hoped, decrease the number of civil-case hearings that must be postponed when judges are busy with criminal trials.
"I think it will greatly assist us in moving our civil docket -- in fact, moving our docket as a whole," said Judge John M. Durkin. New magistrate Dominic DeLaurentis Jr. has been assigned to Judge Durkin's court, beginning Monday. The other new magistrate, who hasn't been named, will work with Judge Maureen A. Sweeney.
Current magistrates have been assigned to Judges R. Scott Krichbaum, James C. Evans and Maureen A. Cronin.
Other magistrates already work with Judge Timothy P. Maloney of Probate Court, Judge Theresa Dellick of Juvenile Court and Judge Beth A. Smith of Domestic Relations Court.
Definition
Magistrates are appointed judicial officers who are authorized to lead court proceedings. Some of their decisions must be approved by judges before they take effect, according to information posted online by Ohio Association of Magistrates.
Magistrates issue recommendations, which are reviewed by judges when affected parties file objections.
Magistrates usually oversee civil cases. A magistrate won't preside over a murder trial but can handle arraignments, Judge Durkin said.
Requirements for the job include Mahoning County residency, six years' experience at practicing law, membership in good standing with the bar association and cessation of private practices, said Robert Regula, common pleas court administrator.
The benefit of adding magistrates is twofold: Civil cases will receive more attention, and judges will devote more time to criminal cases, Regula said.
More than 6,000 new cases were filed in 2005. Of those, 4,788 are civil cases and 1,282 are criminal cases. This year's filings are keeping pace with last year, according to figures from the clerk of courts office. Thousands more previously filed cases are still open.
During Judge Durkin's time on the bench, he's watched the civil docket grow "incredibly," with the number of foreclosures up "exponentially ... It's almost gotten to the point that you can't concern yourself with the numbers," he said.
A lack of money, space
The general division caseload justifies the creation of another judgeship, but the court lacks the money and space to follow through, Judge Durkin said. The alternative is to hire more magistrates at a lesser cost, because a new judgeship would include salaries for a judge, bailiff, secretary and court reporter, he noted.
Having five magistrates should help to resolve another problem. Until now, magistrate Robert Bannon has been handling all civil-protection orders that have been filed in common pleas court. There were 727 such requests in 2005. Each case requires multiple hearings that consume not only Bannon's time, but that of employees in the court assignment and clerk of courts offices, Judge Durkin said.
Now protection orders will be divided among all five magistrates, Regula said. The assignment office will continue to coordinate hearing schedules.
Asked how other counties use magistrates, Regula said Stark County also has one magistrate for every general division judge, which seems to have positively affected the movement of cases. In Cuyahoga County, magistrates are assigned exclusively to foreclosures, he added.
Trying to act more quickly
Mahoning's courts also have been trying to find ways to process cases more quickly since county jail inmates won a class-action lawsuit last year. A federal judge declared that the jail's operation was not constitutionally sound, based on jail overcrowding and understaffing issues. Quicker resolution of cases involving inmates enables the county to move those who are sentenced to state prison.
Five new assistant prosecutors were hired last fall, which put two prosecuting attorneys in each trial court. Prosecutors work on different criminal cases so that, if one case is delayed, the other proceeds. That may help to move the criminal docket, but it doesn't address the civil complaints that, if filed this week, will be assigned trial dates in 2007, Judge Durkin said.
A case management specialist from Supreme Court of Ohio's Judicial & amp; Court Services Division met last week with common pleas court judges and staff. The county is seeking the Supreme Court office's advice on case management, use of technology and staffing. The specialist is expected to file a report in late April and revisit common pleas court afterward, Regula said.
shaulis@vindy.com