Thursday, November 08, 2007

Coughlin Joins Wolpert & Moyer To Preserve Integrity OF Court System

From the e-mailbag:
COLUMBUS—State Senator Kevin Coughlin (R-Cuyahoga Falls) today introduced Senate Bill 252, legislation eliminating Ohio’s mayor’s courts in an effort to modernize the state’s court system, while working to preserve legitimacy and fairness at all levels of the judiciary.

For years, communities across the state have operated mayor’s courts, which adjudicate violations of local ordinances, such as traffic tickets and other minor misdemeanors. These courts are presided over by the local mayor, and all costs and fines assessed go towards the community’s operating revenue.

Ohio Supreme Court Chief Justice Thomas Moyer, a strong supporter of SB 252, explained that mayor’s courts are a threat to the legitimacy of our court system.

“Even the appearance of a conflict of interest undermines confidence in the judicial system,” Chief Justice Moyer said. “Those judging cases and imposing fines should not also be overseeing the budgets where those fines are deposited.”

SB 252 would eliminate Ohio’s mayor’s courts. Communities with a population of 1,600 or more would be allowed to create a new community court, while mayor’s courts in smaller communities will be eliminated with no option of a community court.

The community court proposal differs from the current mayor’s courts. Instead of the mayor serving as a judge, the presiding judge in the municipal court will appoint a magistrate to serve as the judge in the community court. Importantly, the bill would also place these new community courts under the supervision and oversight of the Ohio judicial system. Currently, mayor’s courts do not fall under this authority.

SB 252 is companion legislation to a bill introduced in the Ohio House earlier this year by state Representative Larry Wolpert (R-Hilliard). Demonstrating the need to realign the state’s court system, Wolpert noted that only two states in the country still have mayor’s courts – Ohio and Louisiana.

“Eliminating mayor’s courts is a modernizing step for our state and its justice system,” Coughlin said. “Our citizens deserve to know that justice is handed down in a fair and impartial way, free from conflict of interest.”
These courts do appear to be a conflict of interest and ought to be eliminated...

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