Bill would remove judicial position in Youngstown Municipal Court


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Jerry Balestrino of Hubbard demonstrates the Laptop Trapeze, a device he invented that allows a user to suspend a computer or tablet on their knee. In June, the device won a gold medal at the Invention and New Product Exposition in Pittsburgh for best office supply.

By David Skolnick

skolnick@vindy.com

YOUNGSTOWN

With the Ohio Supreme Court’s chief justice requesting Gov. John Kasich delay appointing a new Youngstown Municipal Court judge, a state legislator said he’ll introduce a bill next week to eliminate the position.

State Rep. Robert F. Hagan of Youngstown, D-60th, said Chief Justice Maureen O’Connor’s Wednesday recommendation — which echoes what he and other local Democrats have urged — makes it ideal to now have the General Assembly consider reducing the number of judges in that court from three to two.

“If a Republican chief justice is supporting it, we shouldn’t have trouble getting it passed” in the Republican-controlled state Legislature, Hagan said. “This is truly blind justice. I’m happy she made the right decision. It takes the real sting of politics out of this and allows us to work in a bipartisan way.”

The state House’s next legislative session is at the end of September, which Hagan said would give the General Assembly enough time for a public hearing and a vote on this issue this year.

State Rep. Ronald V. Gerberry of Austintown, D-59th, who also wrote to the governor about delaying the appointment, said he “applauded the chief justice. She’s sincere in her efforts. I hope this will be an impetus for local officials to come up with a court system [for the county’s lower courts] that’s cost-effective and fair.”

The two legislators and Mahoning County Democratic Chairman David Betras had urged Kasich, a Republican, to not fill the seat as the court docket isn’t big enough for three judges. But it wasn’t until Chief Justice O’Connor, a Republican, wrote to Kasich that the governor agreed to a delay.

Betras praised the chief justice for her letter, saying it’s an example of Republicans and Democrats working together for the good of a community.

“I’m glad the chief justice is interested in the court structure in Mahoning County,” he said.

With Judge Robert A. Douglas Jr.’s retirement Aug. 1, Kasich asked the Mahoning County Republican Party to screen applicants and submit the names of finalists. A successor would fill out the remainder of his term, which ends Dec. 31, 2013.

The interviews were done last month, but the party didn’t provide those names to The Vindicator until Wednesday.

A few hours later, Chief Justice O’Connor’s letter was sent to the governor.

Mahoning GOP Chairman Mark Munroe acknowledged Thursday that part of the delay was there were rumors that the chief justice was going to say something about the delay.

“It helped bring pressure to bear and hopefully, it brings this to a resolution,” Munroe said of giving the names of the finalists to the newspaper.

Elizabeth A. Kobly, the city municipal court’s presiding and administrative judge, and Judge Douglas said the court can function with two judges.

But both said special dockets for housing, veterans and those with suspended driver’s licenses likely will be eliminated.

Also, the Ohio Supreme Court has assigned county court Judges Diane Vettori and David D’Apolito as visiting judges for municipal court between Aug. 1 and the end of October, Judge Kobly said.

As for the chief justice’s letter, Judge Kobly said, “I’m not surprised. There’s got to be some reason why [the Supreme Court] didn’t resolve our lawsuit. Now it’s starting to make sense. Politics was always an issue and still is.”

The judge was referring to the complaint filed by the court against the administration and city council in May 2009 over new court facilities. The case remains undecided by the Supreme Court.

Judge Douglas said: “I thought all along that there would be a strong effort not to replace, but that it would come this late is a surprise.”

As for a connection between the stalled complaint and the chief justice’s letter, Judge Douglas said, “It’s hard to tell. The timing of it, one might think there is a connection. I hope not.”

But the judge said he remains convinced that the Supreme Court ultimately will decide the current court space on the second floor of city hall is inadequate.