Judge asks for more funding

Girard's judge wants the full $905,454 to operate the court this year.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Girard Municipal Judge Michael A. Bernard is continuing his fight against Girard lawmakers and the administration to get more money.
Judge Bernard filed a writ of mandamus action Friday with the 11th District Court of Appeals asking the court to order that his 2006 budget request be fulfilled.
This is a continuation of the dispute among council, Mayor James J. Melfi and the judge that began in 2001 when the city was placed in state-imposed fiscal emergency.
Earlier this month, Judge Bernard kicked council out of the new courtroom in the city's justice center for what he termed "oppressive tactics of the city" against him.
In seeking the mandamus action, Judge Bernard, through Atty. John B. Juhasz, says he had asked that $905,454 be appropriated to operate his budget for this year.
However, council on Dec. 12, 2005, appropriated $600,000 to operate the court.
Judge Bernard said in the action that city council "has failed and refuses to increase the appropriation" from the city's general fund and lawmakers "have failed to make appropriations sufficient for the proper and lawful operation" of the court.
Without the additional money, the judge contends, the city has "violated their clear constitutional and statutory duties and obligations."
What's in complaint
The complaint alleges that the judge can't hold council or the administration in contempt because they have indicated they may defy his order, as they have done in the past.
This is the second such action filed by Judge Bernard against the city. He has sought legal action against the city because his court wasn't fully budgeted in 2005. That case is pending, Juhasz said.
There has been a rift between Melfi and Judge Bernard over the construction of the city justice center, which includes the court and police department.
Melfi has maintained the large amount spent by the judge to have the center built was one of the reasons the city was placed in fiscal crisis.
Also, the mayor wants the court's budget reduced because the budgets of city departments have been cut.
yovich@vindy.com