Council takes step to sue judge again

The action should be filed in court by early next week.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- For the second time in two years, members of city council are saying, "We'll see you in court" to Judge Michael Bernard.
After a long executive session Monday night, council unanimously voted to allow Atty. Frank Bodor to file a writ of prohibition in the Ohio Supreme Court on behalf of the city against Judge Bernard.
Bodor said the action should be filed with the state high court by the end of this week or early next week.
Why?
Council's decision to take the judge to court stems from a decision he made regarding the use of court facilities.
Judge Bernard, in early May, issued an order banning council from using the courtroom to conduct meetings. The judge said the court is to be used only for court business.
Judge Bernard, at that time, said personal attacks on the court by city officials led to the ban.
Judge Bernard asked council in 2004 to have its meetings in the courtroom, saying the court facilities would add security and professionalism to the meetings. The court also is handicap accessible -- something not available in the old council chambers.
Before 2004, council and the court shared the former city council chambers in an adjoining building.
Bodor said the city will argue that Judge Bernard does not have the right to dictate if the court facilities are used by officials once court is out of session on any given day.
"The writ is indicating that the court has usurped the authority of the legislative and executive branches because the court is dictating how the courtroom is used when court is not in session," he said.
Bodor said council should be able to use the courtroom when court is not in session if it deems it is in the best interest of the public to do so. In addition to accessibility for the handicapped, the newer courtroom has more seating than the old council chambers.
Judge Bernard had no comment on the potential court filing.
Reynald Paolone, council president, said filing the court action is a better means of handling the judge's order than outright defiance. He said council has decided to stick to the letter of the law.
"I am very proud of council for doing this," he said. "We took the high road on this, and I think we are doing the right thing."
Mayor James Melfi said the ban on use of the court and subsequent lawsuit are indicative of a larger problem with the court. He said it shows the judge's refusal to work with city officials on any level.
Judge Bernard has ordered the city to increase appropriations to the court twice in the past two years.