High Court should evaluate Girard city court's operation



When the Ohio Supreme Court rejects a lower court's demand for more money, it is taking the unusal step of judging the demand unreasonable.
Unusual because Supreme Court justices have, as a matter of course, embraced the ridiculous philosophy of "What a court wants in terms of funding, a court should get."
We have long criticized the justices for granting the judiciary at all levels carte blanche when it comes to their demands from the funding authority -- city councils or county commissioners.
It is for this reason the Supreme Court's dismissal of Girard Municipal Court Judge Michael Bernard's bid for more money from city council is noteworthy.
In refusing to hear the funding case, the justices were making it known that even they have limits when it comes to a judge who just won't take no for an answer.
Judge Bernard took his fight with Girard city officials to the Supreme Court last month in an effort to bring back the 11 court employees he laid off because there was no money to pay them.
The employees were told they could return to work in mid-December.
But in light of the Supreme Court's decision, the judge had better face the reality that the money won't be coming from city council.
Lawmakers and Mayor James Melfi are of the opinion that Bernard has mismanaged his budget and has refused to do what other government agencies and offices have done: slash operating costs in recognition of the city's fiscal emergency status.
Red ink
The status was assigned by the state auditor's office after it became clear that the flow of red ink in the general fund budget could not be stopped.
A special state fiscal oversight commission has controlled the city's finances since 2001. By keeping a tight rein on spending, the 2.7 million deficit has all but been erased.
The mayor believes Girard will be out of fiscal emergency next year. But he isn't waiting until then to restore the police force and other departments that have been operating on shoestring budgets.
However, with Judge Bernard living in his own world and believing that council has a legal obligation to give in to his budget demands, it's time for an independent evaluation of Girard Municipal Court.
Chief Justice Thomas Moyer has authority over all state courts in Ohio and has shown a willingness to step in when a court isn't operating the way it should or when a judge needs a reality check.
Given that Judge Bernard chose to involve the Supreme Court in his petty battles with council and the mayor, we urge the chief justice to take a close look at what's going on in Girard.
Considering the court's relatively light caseload, is the 905,000 Bernard demanded for 2006 -- council gave him 800,000 -- reasonable? Is his payroll too fat, too thin or is it average?
Was the construction of a new justice center in 1999 necessary? Mayor Melfi argues that the construction costs were partially to blame for the city's fiscal difficulties.
And finally, does Girard need its own court?
These question can only be answered by an objective evaluation -- conducted by the chief justice.