Judges oppose Trapp appointment

By Ed Runyan

Dissent is normal in an appeals court but not comments about a fellow judge, Judge Trapp said.

WARREN — The image of a reserved and collegial 11th District Court of Appeals has been shattered by a dispute touched off by the selection of the administrative and presiding judge.

On Tuesday, two of the court’s five judges issued a dissenting opinion on the selection of Judge Mary Jane Trapp to the two positions for 2009.

Voting for Judge Trapp to have the positions were Judges Cynthia Wescott Rice, Timothy P. Cannon and the judge herself.

The 11th District Court of Appeals reviews the decisions rendered in common pleas and lower courts in Ashtabula, Lake, Geauga, Portage and Trumbull counties.

The dissenting opinion written by Judge Diane V. Grendell says Judge Trapp, while serving as administrative judge in 2008, promoted an “extreme ‘them versus us’ attitude among judges and staff” by “not allowing judges to ask questions of the administrative staff (even for the most simple information), without labeling a fellow judge as being disruptive.”

The judgment entry says Judge Trapp regularly disregards input from experienced staff and judges, refuses to acknowledge error, lacks basic management skills and abuses power at the expense of employees.

This has resulted in overspending and a “general hostility among judges and staff,” Judge Grendell wrote.

“Judge Trapp acts impulsively, implementing procedures and policies, not asking for input from stake holders and does not communicate those changes, thus creating chaos in judges’ chambers, as well as in administration,” the entry says.

The court ran out of cases for the judges to work on during several months in 2008, which was a first for the court, Judge Grendell wrote.

“Then a judicial secretary had to be paid extra to work extra time to help the court catch up, and [incur] unnecessary taxpayer expense due to poor management,” Judge Grendell wrote.

Judge Colleen Mary O’Toole wrote that it saddens her that for the first time in the court’s history there was not a unanimous vote for administrative and presiding judge. She wrote that she agrees with Judge Grendell’s dissenting opinion.

Judge Trapp, after reading the dissenting opinions, briefly said dissenting opinions among appeals court judges are “what an appeals court does,” even though the five members do “strive for unanimity.”

Judge Trapp said she believes the case-tracking system she implemented in her court and which has been implemented by other appellate judges has improved efficiency and resulted in quicker decisions.

Judge Trapp said she doesn’t think it is proper for a judge to comment on the actions of other judges as Judge Grendell did in her dissenting opinion.

runyan@vindy.com