Chief justice to lead review of courts plan

Mayor Williams’ objective to reconfigure lower-court system is met with criticism

By DAVID SKOLNICK

VINDICATOR POLITICS WRITER

YOUNGSTOWN — Chief Justice Thomas J. Moyer of the Ohio Supreme Court will oversee a meeting to discuss Youngstown Mayor Jay Williams’ proposal to overhaul Mahoning County’s lower-court system.

Williams said his proposal to consolidate the seven lower courts — four county and three municipal courts — could take years.

“It may never be accomplished, but we still need to look at it,” he said.

But Williams said he is optimistic that his proposed first step — the elimination of one of the three Youngstown Municipal Court judge positions by the end of 2011 — is something that can be achieved.

The elimination of a municipal- court judge would require approval by the General Assembly.

State Rep. Robert F. Hagan of Youngstown, D-60th, agrees with Williams that eliminating a judge would save money for the city.

Hagan plans to introduce legislation shortly in the Ohio House to get rid of one municipal-court judge, effective at the end of 2011, when Judge Robert P. Milich’s term expires.

Based on population, Youngs-town should have only one municipal court judge. However, the city has operated for about 50 years with a waiver from the Legislature allowing the city to have three judges.

Elizabeth A. Kobly, the court’s presiding and administrative judge, said that if city residents want to eliminate a judgeship, they won’t object.

“Maybe we have too many councilmen, or maybe we need a part-time mayor,” Judge Kobly added.

The court budget’s expenses exceeded revenue by about $3.3 million last year, Williams said.

Also, there is no need for a third judge, Williams said. The court’s three judges are Kobly, Milich and Robert A. Douglas Jr.

Ohio Supreme Court data show Youngstown’s judges handled about half as many new filings than the state average per judge in 2007, the most recent reporting period. Youngstown’s average was 6,872 per judge, compared with the statewide average of 12,446.

Judge Kobly said Williams is trying to divert attention from the actual problem: The city won’t provide the court with “suitable accommodations.”

An attorney for the Youngstown judges filed a complaint Wednesday asking the Ohio Supreme Court to require Williams and city council to spend the money, about $8 million, they say is needed for a new court facility.

Williams wrote a letter to Justice Moyer on April 14 asking him to lead a judicial summit to eliminate a city judge and to develop a plan for a “metropolitan court system” in the county.

Such a system has been discussed with no results for several years. There is one judge in each of the four county courts (Austintown, Boardman, Canfield and Sebring) as well as the municipal courts in Struthers and Campbell. Youngstown has three judges.

Judge Kobly said she was bothered that Williams wrote the chief justice about such critical issues without also telling her or anyone else impacted by his proposals.

“The way the mayor went about this greatly disappoints me,” Judge Kobly said. “For him to go behind our backs is very, very disappointing. It says a lot about his character.”

In the letter to the chief justice, Williams mentioned a new court facility, stating the city “simply cannot afford [it] under the current circumstances. We recognize that they are operating under difficult conditions.”

When asked about Judge Kobly’s comments, Williams said: “It appears to me the judges haven’t paid attention. There’s nothing in that letter I haven’t discussed with the judges. I’ve grown beyond exchanging disparaging comments with Judge Kobly. I didn’t realize I needed her permission to talk to the Supreme Court.”

In response to the mayor’s request, Justice Moyer wrote May 5 that “this is an appropriate time” to address the elimination of a municipal court judge, a plan to relocate the court to an “appropriate facility,” and the creation of a metropolitan court system.

“It is my hope that, working together, we can develop a structure for the administration of justice in the municipal and county courts that responds to the expectation of the citizens of Mahoning County for an efficient, sensible allocation of public funds to the administration of justice,” Justice Moyer wrote.

A meeting of interested parties — including judges, officials in cities and the county, attorneys and members of the public — will be held shortly, said Douglas R. Stephens, the Supreme Court’s director of judicial and court services.

Of Ohio’s 88 counties, 60 of them have one lower court system, Stephens said.

“We’re not suggesting that be the case in Mahoning County,” he said. “Maybe one isn’t good, but seven isn’t either; it’s somewhere in between.”

Williams’ proposal for a metropolitan court system isn’t being warmly received by judges.

David D’Apolito, the county court’s presiding and administrative judge, said the mayor wants to take the Youngstown court’s problems and “pass them on to the county. He wants to deflect those problems and have the county deal with it. It seems very self-serving.”

Williams disputes the judge’s assertions.

“It’s both interesting and ironic to see how the opponents of this idea that has been around for so many years, and promoted by so many people, now try to attack the mayor,” he said. “And they accuse me of deflection? Why aren’t they willing to direct that same bravado toward the Ohio Supreme Court?”

Judge Kobly says Williams’ proposal won’t be implemented.

“The mayor will have a tough time with anyone wanting to give up their court,” she said.

Struthers Municipal Court Judge James Lanzo said court consolidation in the county has failed to be implemented because it’s “not feasible. To combine all the courts and put them in one spot would be expensive and doesn’t serve the people.”

Struthers Mayor Terry Stocker said he likes the current lower court system but is willing to talk about Williams’ idea.

Campbell Mayor John Dill said he favors court consolidation, adding that he “can’t believe it hasn’t been done before.”

Campbell Municipal Court Judge Patrick P. Cunning couldn’t be reached to comment on this issue.

With the financial problems at all levels of government, county Commissioner John McNally IV said now is the perfect time to talk about court consolidation.

“The chief justice mediating a compromise is a good way to get something accomplished,” he said. “Realistically, it will take some time and a lot of discussion. If there’s ways to cut costs or consolidate, we’ve got to consider those things.”

skolnick@vindy.com