Council to consider elimination of city judge

By David Skolnick

YOUNGSTOWN — At the request of Mayor Jay Williams, city council will consider a resolution Wednesday to ask the state Legislature to pass a law eliminating one of the city’s three municipal court judges by 2012.

City administration officials have talked about eliminating a judge for years, and Williams wrote a letter April 14 to Chief Justice Thomas J. Moyer of the Ohio Supreme Court about the reduction, among other court issues.

Under Williams’ proposal, the elimination would occur Dec. 31, 2011, the last day of Municipal Court Judge Robert P. Milich’s current term.

The elimination would require approval by the state Legislature.

Williams says the elimination would save money for the financially strapped city, and with Youngstown’s declining population, there’s no need for three municipal court judges. He also points to data showing Youngstown judges handle many fewer new filings than the state average.

State Rep. Robert F. Hagan of Youngstown, D-60th, plans to introduce legislation in the Ohio House shortly to eliminate one judgeship.

Because the reduction wouldn’t take effect for more than two years, Williams said there isn’t a “sense of emergency” to the legislation. But the request could take a while, so that’s why he’s asking council’s approval on the resolution.

Elizabeth A. Kobly, the court’s presiding and administrative judge, said she didn’t know this resolution and an ordinance to have the courts use money from its special projects fund rather than the general fund were on city council’s agenda until asked about it Monday by a reporter with The Vindicator.

“I’m very disappointed [council] is taking this action behind our backs without even a courtesy call,” she said. “It would be terribly irresponsible for council to consider this without talking to the judges first.”

Judge Kobly wants to address council at its Wednesday meeting before a vote is taken.

Under council rules, a written request must be made a week in advance of a meeting. But council members have permitted speakers to address them in the past from the floor without such a request.

Councilman Jamael Tito Brown, D-3rd and chairman of its finance committee, said the issue is important enough that Judge Kobly should be permitted to speak during the meeting.

“It’s a monumental decision,” he said.

Councilman John R. Swierz, D-7th, said it would be up to a majority of the seven council members to permit the judge to speak at the meeting. He said he wanted to hear from his fellow members before agreeing to hear from Judge Kobly.

Councilwoman Carol Rimedio-Righetti, D-4th, said she needs time to review the legislation before deciding whether the judge should be permitted to speak at Wednesday’s meeting.

Judge Kobly said a study should be done to determine how many municipal court judges are needed in the city.

Based on population, Youngstown should have one judge. However, the city has operated for about 50 years with a waiver from the state Legislature to have three judges.

Judge Kobly said Williams is trying to cut the number of judges as “payback” for their lawsuit in the Ohio Supreme Court demanding the administration and city council provide the court with suitable court accommodations.

Williams said the two issues are separate.

Also Wednesday, council will consider legislation authorizing the city’s board of control to allow the court to use up to $25,000 to sue the city. The money will come from a special fund established by the judges to build a new court facility. That fund contains about $1.4 million collected through a $14 fee on various court filings.

The judges wanted the money, which will be used to pay legal fees related to the lawsuit, to come from the city’s general fund.

“It’s related to a new court, and the city’s law director determined it was an appropriate use of that fund’s money,” Williams said.

Judge Kobly said the legislation is a waste of time because it would require the signature of one of the three municipal court judges to spend the money from that fund on legal fees — and none of the three will permit the money to be used for that.

“That ordinance isn’t worth the paper it’s written on,” she said.

skolnick@vindy.com