Youngstown judges act on plea for new courthouse

By Patricia Meade

The mayor said he won’t bankrupt the city to build a new courthouse.

YOUNGSTOWN — Municipal judges, tired of hearing “we feel your pain” from city officials who contend there’s no money for a new courthouse, are hiring a lawyer to force the issue.

In a recent judgment entry, Judges Robert A. Douglas Jr., Robert P. Milich and Elizabeth A. Kobly ordered the Youngstown Board of Control (mayor, law director and finance director) to set aside $25,000 to pay Boardman attorney John B. Juhasz to represent them. Juhasz will receive $150 per hour plus expenses.

The entry directs city council to appropriate the money and notes that more money may be needed depending on the “nature, length and complexity of any litigation.” The judges said an outside lawyer is needed because, in the event of a lawsuit, the city law director will represent the other branches of city government.

Judge Douglas, the courts’ presiding/administrative judge, said the goal is to force the city to provide the courts with “reasonable accommodations.” If legal action is required to do that, he said it would likely be filed with the Ohio Supreme Court, which has established standards for courthouses.

“Every court around here is 100 percent better than this,” Judge Douglas said. “The city should be embarrassed.”

The judges said their quarters in the 69-year-old police building on Boardman Street — which doesn’t have a “municipal courts” sign outside — are too small, unsafe, unhealthy (odors, respiratory problems) and lack a public restroom. Many years ago, the public restroom was converted to a private restroom for the secretary assigned to Courtroom No. 1.

“We’ve said the city may have to write a check for a fatality some day. We’re exposed 24/7,” Judge Douglas said. “The court design should separate the public and staff and prisoners. There’s no way you can do that here.”

He said talk of a new courthouse has dragged on for almost 10 years, and “we’ve been patient to a fault and now have to do something.”

In a May 2002 resolution, city council “expresses its intent to allocate future city capital improvement funds to support the construction and amortization of debt to fund a city justice center.” A lack of money has stalled the project since then.

Judge Milich said a new building is needed but nothing ever happens. “It’s benign neglect, it’s just ‘we feel your pain,’” from the city, he said.

An analysis commissioned by the mayor and judges was done by Cleveland-based Public Financial Management and released this past week by Mayor Jay Williams. It shows the city has no funds on hand to build a new courthouse and would need to finance the project.

Judge Douglas, chairman of the new court committee, expected that would be the outcome of the analysis.

A five-year projection of revenue and expenditures in the analysis shows that, absent an additional revenue source, the city will not have sufficient debt capacity to finance the project for several years, if then. To generate revenue for a courthouse, the city would have to ask voters to pass a levy.

Finance Director Dave Bozanich said the economic reality is that no funds are available. “We’re at our debt limitation capacity — without going to the taxpayers for a levy,” he said.

The bill for the analysis hasn’t been submitted yet but will be less than $5,000, said Kyle Miasek, deputy finance director.

The mayor said no one in his administration disagrees with the idea that the courts, a coequal branch of the government, provide a critical function and require adequate accommodations. “Adequate” doesn’t mean a new courthouse, he said.

He stressed that he has a responsibility to not bankrupt the city. He called the $10 million cost of a new courthouse, the most recent estimate, a deal breaker.

“I can’t pull money out of thin air or undo obligations I inherited,” said Williams, who took office in 2006. “We would walk into court with a strong case. I won’t lay off police, fire and street [employees] for a courthouse.”

If the judges take the city to the Ohio Supreme Court, “that court can explain to the citizens why police, fire and street departments are cut,” he said.

Williams said in late 2006 or early 2007 the judges were offered $5 million to renovate their quarters or relocate to one of the vacant downtown buildings, but didn’t take him up on the offer and now the city doesn’t have the money. Judge Douglas said vacant buildings looked at were unsuitable and there isn’t enough room to accommodate the courts’ needs in the police building.

Bozanich, meanwhile, said a budget shortfall of up to $4.5 million is projected for next year if cuts aren’t made. The administration, he said, is sympathetic to the judges’ plight but would like to see money spent on job creation with a business park, for example.

Judge Kobly, reacting to the projected shortfall, said: “What will be the excuse tomorrow? We haven’t been in dire financial straits for 10 years. There’s always another priority.”

Williams disagreed, saying the city hasn’t been fiscally healthy the past 10 years.

The city has given the municipal judges the runaround for years and has to be forced in court to make the administration take them seriously, Judge Kobly said.

“We need a new facility. We need to see results,” she said. “There are serious safety concerns here. Heaven forbid someone comes in with a concealed weapon and kills God knows who. We have to have a safe, secure facility for everybody, and we cannot assure people of that. We live in a violent society.”

There have been some security upgrades to the courts floor such as surveillance cameras and card-entry locks to the judges’ chambers. A guard and metal detector are in place at the police department entrance as well as metal detectors and guards for those who enter city hall and make their way to the courts floor.

Judge Milich, meanwhile, recalled an evaluation of the municipal courts 10 years ago by Ohio Supreme Court Chief Justice Thomas J. Moyer: “He said, ‘This reminds me of a Third World country.’”

In September 1998, defendants’ court costs were increased by $14 and the money put into a new courthouse fund, Judge Douglas said. About $1.4 million has been collected, he said.

The judges have preliminary floor sketches for a building that would house the courts and probation department and provide space for jury deliberations and other court functions. The last step is an architect’s detailed program design that could be put out for bid, Judge Douglas said, adding the cost would be roughly $495,000.

On Nov. 1, 2007, the judges asked the Board of Control to enter into an agreement with the architect, Ray Jaminet, to do a program design but that didn’t happen. Officials held off pending results of the financial analysis.

The judges said that, over the years, they’ve had the support of council but nothing came of it because of financing. Judge Douglas said Bozanich never felt the city could afford the project.

To show the effect of rising construction costs, Judge Douglas estimated $8.2 million to build a new facility now, compared with $5 million in 2000.

The analysis done by the Cleveland firm estimates the project (including financing and construction interest) would cost $10.3 million. Not included is the cost for security and telecommunications systems, furniture or moving.

The courthouse would be a 35,000 square-foot facility on two levels with a 20,000 square-foot basement and 50 surface parking spaces. The site picked is a lot at the southwest corner of West Federal Street at Vindicator Square, once the location of Master’s Tuxedo.

“Shame on us for believing the city was working with us. It cost us valuable time and what we want won’t be accomplished overnight just because we hired a lawyer,” Judge Kobly said. “Had the city worked with us it would have cost $5 million. With each delay the tab runs higher.”

meade@vindy.com