High court dismisses suit against local judge

Judge Larry Turner said he
conducted the arraignments in the county jail to save money.

By ED RUNYAN

VINDICATOR TRUMBULL STAFF

NEWTON FALLS — The Ohio Supreme Court dismissed the lawsuit filed by Newton Falls Law Director Richard Schwartz against Municipal Judge Larry Turner over the arraignment procedure the judge used for two weeks early this year.

Judge Turner said the lawsuit unnecessarily cost city taxpayers thousands of dollars, because of the legal fees charged by the Cleveland firm that represented Schwartz and by the Columbus firm the judge hired to defend the lawsuit.

“This ridiculous lawsuit cost our taxpayers dearly,” Judge Turner said.

Schwartz, however, says the opposite is true: Judge Turner is the reason the lawsuit was filed. Schwartz said he believes the judge chose to conduct arraignments outside the city because he lacked the experience as a municipal judge to realize that such actions are illegal.

“Oh no,” Judge Turner said, explaining that he still thinks the arraignments were legal.

Two-week period

Judge Turner held arraignments for cases in his court in a small courtroom inside the Trumbull County Jail for two weeks in early January as a way to eliminate the need for prisoners to be transported to Newton Falls Municipal Court from the jail, until a new video arraignment procedure could be put in place.

Turner said he tried to conduct the arraignments in the jail to save money and reduce the risk of escapes or other hazards associated with transporting prisoners. Turner discontinued the practice because of potential security problems and the difficulty of opening the proceedings to the public, he said.

A firm hired by Schwartz filed the suit in mid-February, claiming that holding the arraignments in the jail is illegal because such proceedings must be conducted inside the city of Newton Falls.

Judge Turner was appointed to the position after the retirement of Judge Thomas Old last September. He is running this November to complete Judge Old’s unexpired term.

Schwartz said the reason the lawsuit was necessary is that Judge Turner indicated in January, when he stopped the hearings, that they might resume at some later point, when security arrangements could be worked out at the jail.

Judge Turner said Schwartz should have understood that court and county officials were working diligently to get a video arraignment system in place so additional arraignments outside Newton Falls would not be necessary.

In March, Judge Turner’s lawyers asked the court to dismiss the suit on the grounds that the arraignments had ceased in early January.

runyan@vindy.com