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Municipal judge suggests officials deny request from Robart to pay for magistrate, two clerks
By Gina Mace
Special to the Beacon Journal
Published on Saturday, Oct 11, 2008
CUYAHOGA FALLS: The City Council can't stop Mayor Don Robart from opening a mayor's court, but it can refuse to fund its employees.
Cuyahoga Falls Municipal Judge Lisa Coates delivered that message Monday during council's public affairs committee meeting.
On the agenda was legislation to fund a magistrate, a full-time clerk and a part-time clerk.
Law Director Virgil Arrington said retiring Ninth District Court of Appeals Judge Lynn Slaby is interested in the magistrate's position. So are Fairlawn mayor's court prosecutor George Pappas and magistrate Dave Devany.
The administration wants to hire the full-time clerk soon so the court can be up and running when the regional municipal court moves from Cuyahoga Falls to Stow in January.
Defendants pleading guilty or no contest to minor misdemeanor traffic and criminal cases, as well as first-time drunk driving and license suspension cases, can be heard in a mayor's court, Arrington said.
Coates said the cases the mayor's court would hear — about one third of the total traffic cases usually filed in municipal court — are exactly the cases the municipal court can least afford to lose.
The income from the easy cases helps to fund the higher cost of more difficult criminal and civil cases such as repeat drunk driving cases and suspended-license offenders, serious misdemeanors, felonies, and civil cases.
''A mayor's court does not have the overhead required to resolve more difficult cases,'' Coates said. ''They may take the easy money, but all the difficult cases end up in our court, burdening our court without the income.''
Coates said statements by the administration that the city has been losing money as the municipal court's host city aren't true.
''In the last 10 years, the city hasn't been carrying the court,'' Coates said. ''In fact, in that time, the city made about $250,000 from the court, plus interest on our (special projects) funds, plus income tax. We have given a lot back to the city.''
Coates said Ohio Supreme Court Justice Thomas Moyer has campaigned against mayor's courts. Moyer said it is unconstitutional for the agency that imposes court fines to also hire police and set the budget.
Robart said he has never instructed the police department on how many tickets to write. And if the municipal court overhead is too high, judges should cut the budget.
Easier said than done, countered Coates.
When a defendant pleads not guilty, there may be a half dozen court appearances with related costs before the case is resolved, Coates said. Also squeezing the court budget are the costs of reporting and treatment mandates under new regulations, probation programs and record keeping.
''(Minor) traffic cases help support difficult ones,'' Coates said. ''If you eliminate the easy cases, you eliminate the money that supports us.''
Committee Chairwoman Councilwoman Kathy Hummel put a hold on the legislation for two weeks so council can receive and study additional information requested from the administration.
CUYAHOGA FALLS: The City Council can't stop Mayor Don Robart from opening a mayor's court, but it can refuse to fund its employees.
Get the full article here.
Comments
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Posted 08:18 AM, 10/11/2008
Hey Coates, if you want to control your overhead, DON'T BUILD A NEW 12 MILLION DOLLAR TAJ MAHAL!
In 10 years the city made 250 grand from the courts????
Guess what Lisa Coates, YOUR BUDGET PRESENTED TO COUNCIL FOR 2008 WAS 700,000 DOLLARS OVER BUDGET!!!
IN ONE YEAR LISA!!!!! THAT'S A HECK OF A LOT MORE THAN THE THE 250,000 OVER TEN YEARS!
Amazing.
Posted 11:29 PM, 10/11/2008
i hope the court cost are less in the Mayors Court Has anyone asked that question?
