Court finds fault with Girard court; award damages to Hubbard woman

WARREN

A Hubbard woman and her attorney will receive a combined $11,750 as a result of Girard Municipal Court’s being unable to produce an audiotape and stenographic record of the woman’s 2003 trial.

Mary Benton filed a mandamus action in Trumbull County Common Pleas Court last year alleging Girard Municipal Court violated the Ohio Public Records Act when it failed to turn over the transcript and audiotape.

Judge W. Wyatt McKay of common pleas court agreed, saying the court is obligated to maintain the records for 50 years.

Ohio law provides for a “delay damage” of $1,000 per public record and a “destruction damage” of $1,000 per public record, Judge McKay wrote in his judgment entry, filed Thursday.

Additionally, Judge McKay approved legal fees of $7,750 for Atty. Warner Mendenhall of Akron, who filed the mandamus action and represented Benton.

The entry levies the judgment against the city of Girard.

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