The Daily Legal News print edition reports that Cleveland Municipal Court is in the process of implemeting a new case management system called CourtView at a cost of $9.3 million dollars. The system is supposed to be phased-in over 6 stages, the first of which is slated to begin with the Civil Division this month. The project is massive, with plans to transfer over 450,000 cases and convert over 6.3 million docket entries.
The Sun News reports that construction plans to build a new courthouse in Berea have been put on hold for 2 years. Cited for the delay are falling city revenues and higher than expected construction bids. With this postponement comes a delay in a court audit that was supposed to analyze the needs of the court.
The National Center for State Courts has issued its 2007 report on Future Trends in State Courts. This report discusses public access to court records containing personally identifiable information, using technology to improve customer service, national information exchange, increasing access to justice for self-represented litigants, e-filing, electronic discovery, families and problem-solving courts, interpreters and immigration issues, library collaboration, guardianships, court administration, judicial outreach, and judicial elections.
Parma Municipal Court has created and launched a brand new website sporting a beautiful picture of its new Justice Center. The new website is a significant enhancement over the Court's prior web pages and contains many helpful features. Not only can attorneys and members of the public look up case dockets and information on traffic, criminal, civil, and parking cases, but people who have received parking tickets can now pay waivers online 24x7 days a week. The Court has also posted its local rules and provided information on court operations and departments.
The Plain Dealer has reported on Ohio Supreme Court recommendations for significant safety upgrades at the Cuyahoga County Justice Center. The Justice Center, which is next to the jail, houses most of the Cuyahoga County Common Pleas Judges and their courtrooms, as well as Cleveland Municipal Court. The paper suggests the enhancements will cost millions of dollars for additional deputies, screening equipment, locks, security cameras, and other new procedures. Locally, Common Pleas Judge John Russo chairs an ad hoc court security committee that is reviewing the recommendations. The same Ohio Supreme Court representatives who visited the Justice Center over the summer also visited the County Courthouse (which houses Cuyahoga's domestic relations, probate and appellate court judges and courtrooms), but we have not yet seen the report to determine whether it makes any recommendations for the Courthouse. See our prior post on the site visit, where we also provided a link to the current Courthouse Security Policy and Procedures Plan.
If passed, H.B. 154 would eliminate Mayor's Courts in Ohio and transfer jurisdiction over their cases to local municipal courts. H.B. 154 was introduced in the House in April, but the Plain Dealer reports that recent revisions to the Bill would allow a limited number of townships/villages meeting statutory criteria to establish a community court with a magistrate from the muni court. Mayors and council members would be granted a nominal right to participate in the process of selecting the magistrate. Click here for a continually updated status report on the Bill from the Ohio Legislative Service Commission. The proposed revisions should be available within the next day or so.
According to the Sun News and the Cuyahoga County Planning Commission, the Berea Municipal Court is going to get a new home on 1.9 acres on Front St. in Berea, Ohio. Although all of the details as to the size of the new courthouse have not been worked out, funding will probably come from $30 per case court costs and bonds the City will issue. Berea City Mayor Biddlecombe anticipates that workers will break ground on the new building this fall.
A mother charged under the Maple Heights parental responsibility ordinance, Ordinance No. 648.20, moved to have the ordinance declared unconstitutional. Thelma Ephraim was charged under the ordinance because her son was charged with carrying a concealed weapon, resisting arrest and failure to comply with a police order. In her motion to dismiss the charges against her, Ephraim argued that the law is vague and overbroad. Additionally, she asserts that the law violates her due process rights because it interferes with a parent's right to raise their children and the law fails to pass the strict scrutiny test. She also argues that the ordinance violates due process because it preempted by state laws, specifically ORC 2151.03 pertaining to neglected children and ORC 2919.22 creating the criminal offense of child endangering.
A written decision is expected after the end of June.
The motion to dismiss and other documents in the case can be viewed at the Garfield Heights Municipal Court Docket Search. The case is Maple Heights v. Ephraim, Garfield Heights Docket No. 0700016. To view the documents, you have to download free software: DjVu Browser Plugin . When you open the document, you may have to click the arrow at the end of the toolbar to get a "page forward" icon.
To see the Maple Heights ordinance Download maplehtsordparental.pdf.
Sources: Corrections and Clarifications , The Plain Dealer, Apr. 27, 2007; Parent Challenging New Maple Heights Law by Rachel Dissel, The Plain Dealer, Apr. 27, 2007; Elders Liable for Teens' Actions by Susan Vinella, The Plain Dealer, Apr. 26, 2007.
See our prior posts: Maple Heights Parents May have to Pay for Child's Crimes, April 19, 2006; Update to Maple Heights Parental Responsibility Ordinance, Jan. 23, 2007.
HB 154 proposes to eliminate mayor's courts in communities with populations of less than 1,600. The cases heard in the closed mayor's court would have to be heard in municipal courts, which return a smaller percentage of the court costs to the city that issued the ticket. The goal is to eliminate small municipalities and townships from setting up speed traps. These speed traps can create such huge revenue that the citizens of these small municipalities do not have to pay city taxes.
Mayor's courts in larger municipalities must be run by court-appointed magistrates instead of mayors. The bill's sponsor wants to eliminate the conflict of interest when a mayor decides traffic fine cases that benefit the city coffers.
Sources: Legislator's Bill Tries to Reduce Mayor's Courts by Joe Guillen, The Plain Dealer, Apr. 16, 2007; Ohio Mayor' Courts by Chuck Kallendorf, Cincinnati Law Library Blog, Apr. 17, 2007; Legislation Introduced to Reform Mayor's Courts, Ohio Supreme Court News Release, Apr.19, 2007.
A plan to speed up the disposition of criminal cases has been implemented in Lakewood and Shaker Heights Municipal Courts. Parma Municipal Court will be next to implement the project, followed by Cleveland. Eventually, there will be county-wide implementation.
The program speeds up the process by assigning defense counsel at the initial hearing, not at the arraignment date. The prosecutors also have earlier involvement in the case, and can begin discovery, start plea bargaining talks and possibly refer the case to a diversion program. In many cases, the defendant can waive a grand jury hearing and plead guilty immediately.
Attorney Fred Crosby, speaking on behalf of the defense bar, stated that the defense bar will only cooperate if they are granted open discovery. The defense attorneys want the prosecutors to give them police reports and witness statements at the start of the case, as is done in other counties. In order to know whether to strike a plea deal, the defense attorneys must have this information.
Other reforms include creating a centralized booking system and justice information system to be shared by all agencies. There will also be a videoconferencing network between the common pleas court, municipal courts and the municipal jails.
Source: Pilot Project to Streamline Court Cases Shows Success by James F. McCarty, The Plain Dealer, Mar. 7, 2007.
Also see our prior post: Cuyahoga Grand Jury System Criticized.
