State justices refuse to hear courtroom case

By JOHN W. GOODWIN JR.

VINDICATOR TRUMBULL STAFF

GIRARD — City officials still have no clear understanding of who decides who uses the courtroom facilities here: the judge or city officials.

City officials received word that the Ohio Supreme Court would not hear an issue brought before it by the city. It would have clarified the city’s power regarding who can use the court facilities, and when.

Judge Michael Bernard, in May 2006, 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. The judge also cited safety reasons.

Judge Bernard had 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. Council, since being banned from using the court, has returned to the former council chambers to hold its meetings.

City attorneys said the city would argue that Judge Bernard does not have the right to dictate whether court facilities can be used by officials once court is out of session on any given day.

Mayor James Melfi said the ban was the result of hard feelings between city officials and the court, and that council will now have to decide how to proceed with the matter.

“We negotiated for a very long time to no settlement before this decision,” he said. “The bottom line is that council has two choices — stay where they are and spend the money [to upgrade] or inform the judge they will be using those chambers for council meetings.”

Judging by more recent events, the judge may be more willing to allow council back in the courtroom. Council’s last meeting was held in the courtroom. That meeting was permitted because city officials and the court were notified in advance that someone with physical disabilities would be in attendance.

“That leads us to the issue at hand,” said Melfi. “Being that the old chambers is not handicapped accessible, council will have to spend significant dollars to upgrade.”

Melfi said he is unsure where council’s next meeting, scheduled for Nov. 12, will be held.

Judge Bernard is on vacation and could not be reached to comment.

jgoodwin@vindy.com