Monday - October 22, 2007

The Judicial Branch Acts as the Executive in Hamilton County

In Hamilton County, Ohio, there currently is a tug-of-war between the courts and the commissioners. The commissioners set the court's budget, yet it seems as if that doesn't mean whole lot.

My question is, since when do the courts have the power of the purse? To the judge mentioned below, the people set your budget. And unless I'm mistaken, your will is not greater than that of the people. Not to mention, that the executive branch controls the treasury.

To me, it seems to set a dangerous precedence when the courts feel that they don't have any budgetary constraints, and worse, feel that they can raid the treasury at will. And in a time of budget cutbacks in Hamilton County, why are the two Democratic commissioners acquiescing to the courts who can't live within their budget?

Hamilton County commissioners this morning denied a request by the courts for $740,000 to pay the salaries of court reporters.

“At this point courts will not be able to make payroll at the end of the month without this appropriation,” said Christian Sigman, head of the county’s budget office, describing the reason for the court’s request.

The courts maintain that the county is legally required to give them the money. The judges have previously threatened to sue the commissioners if the request is denied.

“He’s going to either fund it or we’ll settle it in court,” said Judge John Burlew, presiding judge for Hamilton County Municipal Court. “One thing judges are not afraid of is a lawsuit.”

He was referring to Commissioner Pat DeWine. The other two commissioners, David Pepper and Todd Portune, voted to approve the request. DeWine was the lone dissenting voice. County policy requires the vote be unanimous, so the request was not approved.

The courts may still be able to get their money by filing an order through the county auditor’s office.

The court reporter issue has long been a point of contention between the county and the courts. Commissioners at the beginning of the year slashed the courts’ budget by 30 percent and urged judges to do away with court reporters and switch to recording equipment to save money. Many other courts in the region use such equipment instead of court reporters.

Some judges refused, claiming the technology is inferior. The courts threatened to sue the county commissioners for the money. Portune and Pepper said the courts would probably win the case, based on rulings handed down in similar cases in the past.

“We can’t force them (to switch),” said County Administrator Pat Thompson. “We were told by counsel and the presiding judge that we would be sued if we tried to push this alternative down their throats.”

Portune and Pepper said they prefer to give the courts their money and work with the judges to find a better solution next year.

“We should take the approach that encourages the courts to work with us,” said Portune.

DeWine said the county should force the courts to stick with the budget that was approved at the beginning of the year.

“ I understand no one wants to change and some judges have strong opinions, but we need to (switch),” he said.

The discussion comes as the county works to close a more than $30 million gap in the 2008 budget that is expected to result in layoffs and possibly affect services to county residents. Read more....

Author: The Machiavellian
Technorati Tags: Hamilton County
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