Judge, council feuding over courtroom use

Defying the court's order could land officials in jail, the judge said.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- Some council members feel they have a right to use the Girard Municipal Court to conduct meetings despite a recent court order not to do so.
But Judge Michael Bernard said continued use of the court could land those officials in jail.
Earlier this week, Judge Bernard 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 said personal attacks on the court by city officials led to the ban.
Judge Bernard in 2004 asked council 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.
Council is seeking legal opinion as to the legality of banning council from use of the newer courtroom.
Other comments
Councilman Michael Costarella said he is willing to meet anywhere so long as city business is conducted. He said council meets in the court primarily because it is handicap accessible and, with the ban, many residents in the city may miss out on an opportunity to take part in city government.
Costarella said he is willing to let attorneys and the courts determine if it is legal to ban council from the courtroom.
Councilman Dan Moadus, who said several residents have contacted him upset that issues between the court and city have gone this far, said council will continue to use the court facilities to conduct meetings. He said the building, including the court, ultimately belong to the city.
"I don't think he can do that. Judges do not own property. That property belongs to the people of the city," he said. "He has no authority to ban us from that room, and he is not going to do so. Our regular council meeting will be held in that court. There are no ifs, ands or buts about that."
Moadus said the city has an obligation to provide the court with "suitable accommodations" -- a phrase he said that is open to interpretation. He said the former council chambers, shared by the court and council for years, could be once again considered suitable for the court.
What's considered
Moadus said he intends to introduce legislation at the next regular council meeting to renovate the former council chambers making it handicapped accessible and ready for use by the court or city officials. Some meetings are still conducted in the former council chambers.
Moadus also said some council members have been looking into asking the court to leave the city all together.
Council President Reynald Paolone said it has not been determined where council will have its next meeting. He and Safety-Services Director Jerry Lambert are waiting on an opinion from attorneys before making a decision.
"I am going to follow whatever the lawyer says," he said. "I am not going to put any councilman in jeopardy of being arrested or do anything to jeopardize the city."
Judge Bernard said council has the right to contest his order, but lawmakers would be wise not to violate it. He said council should produce any legal proof showing they cannot be banned from the court, but until that time, they should not use the courtroom.
"That would be violation of a court order, and I would act immediately," he said.
Judge Bernard said that if council members defy the court order, they will be found in contempt of court. Ultimately, he said, such defiance could land city officials in jail, and they could be fined.
jgoodwin@vindy.com