Judge Douglas’ stellar record should close book on the seat

Judge Robert A. Douglas Jr. will leave the Youngstown Municipal Court bench on Aug. 1 with an unblemished record of public service. Douglas’ demeanor, even-handedness and adherence to the code of judicial conduct have given this region reasons to be proud. He restored credibility to a criminal justice system that was steeped in controversy when he took office in November 1997, and has been an important role model for young African-Americans. Judge Douglas will be difficult to replace, which is why Ohio Gov. John Kasich should not do so.

Kasich, who has made the reorganization of government a major tenet of his tenure in office, should talk to the Ohio Supreme Court, which recently conducted a study of the courts in Mahoning County below the common pleas level, and the State Justice Institute of the National Center for State Courts, which studied court consolidation for the Mahoning County Bar Association.

When the governor does seek the guidance of the two entities — we are confident he will because of his commitment to change — he will find that the Youngstown Municipal Court cannot justify three judges. Indeed, given the current population of 68,000, the city would be eligible for only one judge if a statutory formula were applied. However, many years ago, a special provision was adopted by the Legislature giving Youngstown a third judgeship. It had two judges at the time because it had a population of more than 100,000.

But it isn’t only the number of people living in the city that argues against Gov. Kasich filling the vacancy that will be created when Judge Douglas retires. His term ends in December 2013 and he would have been prohibited from seeking re-election because of the statutory retirement age for judges.

The number of cases handled by the municipal court has greatly decreased.

Two years after Douglas, a Democrat, was appointed to the bench by former Republican Gov. George V. Voinovich, there were 5,754 misdemeanor cases filed in the Youngstown court. In 2002, it recorded a peak of 6,420 cases for the 12-year period between 1999 and 2010. The lowest number of misdemeanor cases filed was in 2010, with 2,201.

The governor’s office undoubtedly knows that municipal courts in Ohio hear misdemeanor cases. For felony cases, there are preliminary hearings after which the files are sent over to the common pleas court.

The 12-year caseload data, developed by the Ohio Supreme Court Statistical Analysis Department, shows a decline in felony filings: 1,056 in 1999; a high of 1,464 in 2007; and, 982 in 2010.

Visiting judge

Because Kasich is a Republican, the Mahoning County Republican Party will be asked to submit a list of candidates for appointment to the Youngstown bench. Chairman Mark Munroe should urge the governor not to fill the position. If the workload gets to be too heavy for the two remaining judges, Robert Milich and Elizabeth Kobly, a visiting judge could be temporarily assigned here by the chief justice.

Douglas’ retirement is an opportunity to achieve what Gov. Kasich has been preaching since taking office. It should not be squandered because of politics.

Indeed, this is an ideal time for the Democratic and Republicans parties in the county to join forces and recommend that Kasich not fill the position.

In that way, area state legislators will have the impetus to push through a bill that eliminates Judge Douglas’ seat.

Special interest groups that undoubtedly will want to have their candidates considered should be told that a new day has dawned in Youngstown. Politics as usual should be a thing of the past.