Better late than never for courts?


Why has it taken more than 20 years for the idea of consolidating the court system in Mahoning County below the Common Pleas level to finally be getting a serious, independent review? For the answer, we pay a visit to Sesame Street, where insight into government’s behavior can be found.

So we choose the letter “P” and turn to Bert and Ernie to help us out.

Ernie: Hey, Bert, what words starting with “P” apply to government?

Bert: Pencil pushers!

Ernie: Those are good, but not what I’m looking for.

Bert: Payroll padding!

Ernie: Also good, but there are a couple more that are even better.

Bert: I got it. Public pensions.

Ernie: You’re right. Public pensions. Those two words explain why government officials cling to the status quo, and why the cookie monsters in Mahoning County didn’t want to do anything about the court system.

Bert: So, if we take away their cookies — the public pensions — the monsters will behave themselves?

Ernie: No one will ever take away the cookies. They have possession of the cookie jar.

Bert: I have another word that starts with “P” — pshaw.

Thus, the answer to the question about the refusal by government officials to seriously consider the plan to consolidate the lower courts in Mahoning County is simply this: Pensions — the public sector’s reason for being.

Front burner

But now, court consolidation will be on the front burner — not because of the commissioners or the judges, but because of the president of the bar association, Atty. Scott Cochran, and other members.

Cochran applied for a grant to have the study conducted and received $50,000 from the State Justice Institute.

The National Center for State Courts located in Williamsburg, Va., will determine the feasibility of eliminating the four county courts and municipal courts in Youngstown, Campbell and Struthers and creating a county-wide metropolitan court system.

The center will provide $15,000 in staff time, while the bar association will have to come up with $5,000 to match the grant.

To understand why it has taken so long to get to this initial stage, consider the pension benefits the judges and employees of the lower courts have amassed over two decades.

The public pension is based on a formula that takes into consideration the recipient’s age, length of service and the average of the three highest yearly wages.

In the Youngstown Municipal Court, judges Robert Douglas Sr., who began serving in December 1997, Robert Milich, who joined in January 1998, and Elizabeth Kobly, on since January 2000, now earn $114,100. That’s up from $111,000 in 2007.

The local share of the salary is $61,750 a year. The remainder comes from the Ohio Supreme Court.

As for the part-time municipal courts in Struthers and Campbell, and the part-time county courts in Boardman, Austintown, Canfield and Sebring, the judges earn $65,650 a year.

The local share is $35,500.

So, who are these paragons of judicial virtue? In Struthers, James Lanzo has been on the bench since December 1993; and in Campbell, Patrick Cunning has been on since November 2006.

The four county court judges are William Houser, on since January 1997; Scott Hunter, July 1999; David D’Apolito, December 2000; and, Diane Vittori, December 2002.

In 2007, the salary of part-time judges was $63,850.

And these poor souls are eligible for full health-care insurance — paid for by the taxpayers.

Performance audit

In 2001, then-Ohio Auditor Jim Petro issued a performance audit of county government in which he recommended eliminating the four county courts and creating a metropolitan system.

Petro noted that the elimination of the courts would save $256,800 a year in rent payments and would end duplication of services.

Petro did not include the cost savings to be derived from eliminating the municipal courts.

Not surprisingly, the then auditor’s recommendation got nothing more than lip service.

So, should private sector taxpayers be happy with the latest development?

Of course not. Had consolidation taken place more than two decades ago, local governments would have saved gobs money.

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