Fiscal Note & Local Impact Statement
127 th General Assembly of Ohio
BILL: |
Sub S.B. 252 (LSC 127 1668-1 with LSC amendment SC-A) |
DATE: |
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STATUS: |
SPONSOR: |
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LOCAL IMPACT STATEMENT REQUIRED: |
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STATE FUND |
FY 2009 – FUTURE YEARS |
General Revenue Fund (GRF) and/or Other State Funds of the Supreme Court |
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Revenues |
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Expenditures |
Likely, more than minimal, annual increase for oversight of community courts |
General Revenue Fund (GRF) and/or Other State Funds of the Attorney General |
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Revenues |
- 0 - |
Expenditures |
Potential, minimal at most, annual increase to enjoin certain unauthorized activities |
Note: The state fiscal year is July 1 through June 30. For example, FY 2009 is July 1, 2008 – June 30, 2009.
· Supreme Court. As a result of the transition from mayor's courts to community courts in Ohio, the Supreme Court will likely incur more than minimal one-time and ongoing expenses in relation to their responsibility to essentially monitor and oversee the operations of local courts of record.
· Attorney General. For the purposes of this fiscal analysis, LSC fiscal staff assumes that local authorities will generally comply with state law and the number of occasions in which the Attorney General needs to investigate and initiate legal actions against local authorities allegedly operating a mayor's court or community court that is not authorized by the Revised Code will be relatively infrequent. Assuming this were true suggests to LSC fiscal staff that the magnitude of the Attorney General's operating expenses in relation to exercising this permissive authority would generally be at most minimal in any given year.
As a general introductory remark to the highlighted local fiscal effects detailed below, LSC fiscal staff offers the following observation. Because of the number of differences between mayor's courts, municipal courts, county courts, and affiliated local governments in Ohio, the absence of detailed revenue and expenditure data at hand, and the complexity of the state's rules for, and the actual practice of, handling revenues and expenditures, we cannot precisely describe each potentially affected municipal corporation or county in detail nor how the bill will specifically impact its revenues and expenditures. It is possible, however, to identify the two distinct general scenarios and from those generalizations determine how revenues and expenditures may, or are likely to be, affected in some manner. The fiscal highlights of each scenario are noted independently of one another in the two tables and associated dot points immediately below.
Scenario 1 – Mayor's court abolished and replaced with community court
LOCAL GOVERNMENT |
FY 2009 – FUTURE YEARS |
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Note: For most local governments, the fiscal year is the calendar year. The school district fiscal year is July 1 through June 30.
· Number of affected municipal corporations. There are 195 municipal corporations located in 56 counties across Ohio that will face Scenario 1 as discussed in the dot point immediately below.
· Net fiscal effect. The net fiscal effect of transitioning from a mayor's court to a community court would in all likelihood produce, at least in the short-term, an increase in operating expenses and no discernible difference in the annual amount of court-generated revenue. It seems likely that any given municipal corporation would likely fall into one of the following situational outcomes: (1) minimal transitional and ongoing operating expenses, (2) more than minimal transitional operating expenses, but no more than minimal ongoing operating expenses, and (3) more than minimal transitional and ongoing operating expenses. LSC fiscal staff does not have the necessary information readily at hand that would permit us to reliably estimate or predict which of the municipal corporation's electing to create a community will find itself in either situational outcome (1), (2), or (3). Additionally, we cannot quantify the magnitude of the transitional and ongoing operating expenses that such jurisdictions appear likely to incur.
Scenario 2 – Mayor's court abolished and not replaced with community court
LOCAL GOVERNMENT |
FY 2009 – FUTURE YEARS |
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Note: For most local governments, the fiscal year is the calendar year. The school district fiscal year is July 1 through June 30.
· Number of affected municipal corporations. The municipal corporations that are facing Scenario 2 are summarized in Table 1, which is appended to the end of this document. There are 140 municipal corporations located in 55 counties across Ohio that will be required to abolish their mayor's court and not permitted to establish a community court.
· Certain municipal corporations. LSC fiscal staff is uncertain, in any given situation from the perspective of the municipal corporation required to abolish its mayor's court, whether the net effect of simultaneously losing and gaining various sources of revenue generates more or less revenue in the aggregate than might otherwise have been collected by that municipal corporation, or the annual magnitude of that net revenue gain or loss. The magnitude of the annual savings to a municipal corporation currently operating a mayor's court appears likely to exceed minimal, particularly in an urban jurisdiction with a relatively large mix of misdemeanor offense and traffic cases. These also appears to be a potentially more significant expenditure effect in those municipal corporations where the amount of the annual revenue generated from its mayor's court is large enough to support related or other budgeted municipal operating expenses, for example, law enforcement.
· Certain law enforcement effects. It seems fairly clear on the basis of LSC fiscal staff's research that, as a consequence of the abolition of its mayor's court, at a minimum, the law enforcement activities of certain municipal corporations could be negatively affected, but the potential magnitude of the effect is generally rather problematic to quantify. That said, however, in its discussions with various interested parties, LSC fiscal staff discerned that some municipal corporations were anticipating that the following statements would be true: (1) the magnitude of the operating expense reductions necessary to function within a more constrained budget will exceed minimal, and (2) the magnitude of the direct and indirect costs associated with law enforcement's travel to and from another municipal or county court will exceed minimal.
· Certain other local governments. In some areas of the state, the amount of revenue to be generated by certain municipal and county courts is likely to be relatively small. Conversely, in areas of the state where the number of misdemeanor offense and traffic cases moving from the territorial jurisdiction of one municipal corporation to the territorial jurisdiction of another municipal corporation or that of the county court, the annual magnitude of the additional revenue to be generated and shared with certain other municipal corporations could be quite significant, possibly well in excess of minimal. In some situations, the number of cases that would in effect be transferred from the jurisdiction of an abolished mayor's court to the appropriate municipal or county court may only be in the tens or hundreds. In this situation, one would assume that the costs to that municipal or county court to process a relatively small number of additional cases would not be significant and might arguably generate little if any discernible cost. There are, however, areas of the state in which the number of cases, likely to be highly active urbanized jurisdictions, where the number of cases that would in effect be transferred from the jurisdiction of an abolished mayor's court to the appropriate municipal or county court may be in the thousands. One would think that such a caseload increase will carry some processing costs that, if quantifiable, could easily exceed minimal. What portion of that operating expense increase would be offset in some manner by the additional revenue likely to be generated is uncertain.
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Fiscally notable provisions of the bill
For the purposes of this fiscal analysis, the bill most notably:
· Abolishes mayor's courts effective January 1, 2010.
· Authorizes Kelly's Island, Put-In-Bay and a municipal corporation who had a mayor's court as of January 1, 2008 with a population over 1,600 and fewer than 45,000 to create a community court.
· Provides that a community court is a court of record and subject to the supervision of the Supreme Court of Ohio.
· Requires that all fine revenue collected by the municipal court clerk, other than in the counties of Hamilton, Lawrence, and Ottawa, on matters that would have been previously heard in a mayor's court prior to its abolishment be remitted back to the municipal corporation if it has a population greater than 200.
· Requires the municipal court clerk in the counties of Hamilton, Lawrence, and Ottawa to remit one-half of all fine revenue collected for violations of a municipal ordinance that would have previously been heard in a mayor's court prior to its abolishment to the municipal corporation if its population is 200 or more.
· Provides that the fines for violations of municipal ordinances in municipal corporations with a population of less than 200 will not be distributed to that municipal corporation.
· Reduces the salary of a part-time municipal court judge whose territory has a population of 50,000 or more to the same salary as other part-time judges of municipal courts.
· Elevates the status of the municipal court judges located in Miamisburg, Lyndhurst, and Chardon from part-time to full-time on January 1, 2009.
Local fiscal effects
Fiscal effect scenarios
Currently, Ohio has 900-plus municipal corporations, of which 335 located in 69 counties appear to be operating a mayor's court. The territorial population of these municipal corporations operating a mayor's court ranges from a low of 70 in Brice to a high of 43,858 in Strongsville. Relative to the total number of misdemeanor offense and traffic cases handled by those mayor's courts, in calendar year 2006, it ranged from a high of 9,066 in Reading to a low of 3 in Stratton.
The manner in which municipal, county, and mayor's courts in Ohio handle the distribution of court-collected revenues and apportion operating expenses is complicated, particularly as it relates to the distribution of fines collected by those courts. State law addresses the issues generally, but also contains numerous exceptions and crediting provisions that arguably, in some cases, are not easily nor readily discerned. Another layer of complexity is introduced by the fact that different general criminal fine distribution rules apply as a function of: (1) the nature of the violation (whether the offender has been convicted of, or pleaded guilty to, violating a state law or municipal ordinance), (2) the arresting agency, and (3) the court with jurisdiction over the subject matter.
A further complication for the purposes of the analysis herein is that LSC fiscal staff does not have sufficient detailed revenue and expenditure information from the potentially affected municipal, county, and mayor's courts permitting one to more rigorously analyze and quantify the fiscal implications of abolishing mayor's courts, permitting certain municipal corporations to elect to create a community court, and shifting certain offenses and traffic cases from the jurisdiction of certain municipal corporations to the jurisdiction of another municipal corporation or the county in which that municipal corporation is located.
What LSC fiscal staff is able to do at this time is to discuss these fiscal ramifications on certain municipal corporations and counties in somewhat broad qualitative terms. For example, revenues may be gained or lost, the magnitude of which may be well in excess of what might be termed minimal, and similarly, expenditures may increase or decrease, the magnitude of which may be well in excess of minimal. That said, in order to simplify the varying fiscal complexity that is likely to be triggered by the enactment of the bill, we have organized the affected jurisdictions and the detailed analysis that follows into two scenarios:
Scenario 1 – Municipal corporations required to abolish their existing mayor's court and permitted to create a community court.
Scenario 2 – Municipal corporations required to abolish their existing mayor's court and not permitted to create a community court.
Scenario 1 – Mayor's court abolished and replaced with community court
There are 195 municipal corporations located in 56 counties across Ohio that will face Scenario 1 as discussed immediately below.
Existing mayor's court law
Under existing law, subject to certain exceptions and special crediting provisions, a municipal corporation operating a mayor's court retains generally fines, fees, and costs collected from all proceedings and pays for the court's current operating expenses.
Replacement with community court
Revenues. It does not appear, in the case of a municipal corporation electing to replace its existing mayor's court with a community court, that the magnitude of the revenue generated annually by that community court would be markedly different from what would otherwise have been generated annually by the pre-existing mayor's court.
Expenditures. Presumably, a municipal corporation electing to replace its existing mayor's court with a community court will face certain transitional, and potentially ongoing, operating expenses, the magnitude of which will probably vary from place-to-place and LSC fiscal staff cannot estimate at this time.
Such expenses could include, but might not be limited to, the need to renovate or acquire, and then maintain, appropriate office space, comply with new docket and superintendence rules, and make changes as necessary to stationary, documents, and other signage. The bill also requires the municipal corporation to furnish the magistrate with an appropriate office. Additionally, it changes the court to a court of record and requires a shift from the docket rules governing a county court to those governing a municipal court.
After the transitional period, the ongoing operating expenses for a community court may be higher than the expenses associated with operating a mayor's court for some municipal corporations. A potentially more than minimal cost would occur for the salary associated with paying a magistrate. Under current practice, many municipal corporations apparently have a magistrate presiding over their mayor's court, but for a municipal corporation that does not and elects to create a community court, a magistrate will need to be hired and paid. The salary for a magistrate can vary widely, as can the manner in which they are compensated. Some magistrates are paid an hourly rate; others are paid per case, while some are compensated at a negotiated flat rate. This variety exists due to the varying levels of need (part-time/full-time).
Finally, unlike a mayor's court generally, a community court will operate under the authority of the Supreme Court. This may require a municipal corporation and related court personnel to expend additional time and effort, and purchase necessary items, for example, information technology hardware and software, in order to comply with the Supreme Court's rules and procedures.
Net fiscal effect. The net fiscal effect of transitioning from a mayor's court to a community court would in all likelihood produce, at least in the short-term, an increase in operating expenses and no discernible difference in the annual amount of court-generated revenue. It seems likely that any given municipal corporation would likely fall into one of the following situational outcomes: (1) minimal transitional and ongoing operating expenses, (2) more than minimal transitional operating expenses, but no more than minimal ongoing operating expenses, and (3) more than minimal transitional and ongoing operating expenses. LSC fiscal staff does not have the necessary information readily at hand that would permit us to reliably estimate or predict which of the municipal corporations electing to create a community will find itself in either situational outcome (1), (2), or (3). Additionally, we cannot quantify the magnitude of the transitional and ongoing operating expenses that such jurisdictions appear likely to incur.
Scenario 2 – Mayor's court abolished and not replaced with community court
The municipal corporations that are facing Scenario 2 are summarized in Table 1, which is appended to the end of this document. There are 140 municipal corporations located in 55 counties across Ohio that will be required to abolish their mayor's court and not permitted to establish a community court.
Existing Mayor's Court Law
As noted in Scenario 1 above, under existing law, subject to certain exceptions and special crediting provisions, a municipal corporation operating a mayor's court retains generally fines, fees, and costs collected from all proceedings and pays for the court's current operating expenses.
Municipal corporations not permitted to create replacement community court
Under the bill, certain municipal corporations will: (1) be required to abolish their mayor's court, and (2) not be eligible to create a community court. As a result, all of the misdemeanor offense and traffic cases that would otherwise have been heard by that mayor's court will come under the territorial jurisdiction of the appropriate municipal or county court located in the county in which the mayor's court is currently located.
Revenues. The bill requires that all fine revenue collected by the municipal courts on misdemeanor offense and traffic cases that would have previously been heard in a mayor's court, subject to certain exceptions and special provisions, be distributed back to that municipal corporation if it has a population of 200 or more. LSC fiscal staff is uncertain, in any given situation from the perspective of the municipal corporation required to abolish its mayor's court, whether the net effect of simultaneously losing and gaining various sources of revenue generates more or less revenue in the aggregate than might otherwise have been collected by that municipal corporation, or the annual magnitude of that net revenue gain or loss.
LSC fiscal staff is able to state, however, that municipal corporations with populations under 200 will see a reduction in revenues and court-related operating expenses. Under the bill, such a municipal corporation will not be able to collect any fine revenue that previously would have been received from the municipal, county, or mayor's court adjudicating the matter. This reduction may potentially have a significant fiscal impact on municipal corporations that generated a substantial amount of their revenue from the operation of their mayor's court.
Expenditures. As a result of being required to abolish its mayor's court and not being permitted to create a community court, then presumably the annual operating expenses associated with that mayor's court are eliminated. The magnitude of the annual savings to a municipal corporation currently operating a mayor's court appear likely to be exceed minimal, particularly in an urban jurisdiction with a relatively large mix of misdemeanor offense and traffic cases. These also appears to be a potentially more significant expenditure effect in those municipal corporations where the amount of the annual revenue generated by its mayor's court is large enough to support related or other budgeted municipal operating expenses, for example, law enforcement. If the revenue distributed back from the municipal court does not more or less fully replace the lost revenue, then presumably the municipal corporation will need to cut costs, tap other revenue generating mechanisms, or undertake some mix of cutting costs and revenue enhancements.
County court and municipal court revenues
As noted, it appears that certain municipal and county courts will gain revenues in the form of fines, fees, and court costs collected in misdemeanor offense and traffic cases that under current law would have been collected and generally retained by the municipal corporation that had established a mayor's court. In some areas of the state, the amount of revenue to be generated appears likely to be relatively small. Conversely, in areas of the state where the number of misdemeanor offense and traffic cases moving from the territorial jurisdiction of one municipal corporation to the territorial jurisdiction of another municipal corporation or that of the county court, the annual magnitude of the additional revenue to be generated and shared with certain other municipal corporations could be quite significant, possibly well in excess of minimal.
County court and municipal court expenditures
The bill will cause certain offenses and traffic cases that would otherwise have been handled by a mayor's court to most likely be shifted into the territorial jurisdiction of a an existing municipal or county court located within the county in which the mayor's court is currently located. Based on LSC fiscal staff's preliminary analysis of calendar year 2006 caseload data reported by the Supreme Court, it appears that, if the bill had been in effect at that time, approximately 54,000 misdemeanor offense and traffic cases statewide would have been handled by a municipal or county court instead of a mayor's court.
In some situations, the number of cases that would in effect be transferred from the jurisdiction of an abolished mayor's court to the appropriate municipal or county court may only be in the tens or hundreds. In this situation, one would assume that the costs to that municipal or county court to process a relatively small number of additional cases would not be significant and might arguably generate little if any discernible costs.
There are, however, areas of the state, likely to be highly active urbanized jurisdictions, in which the number of cases that would in effect be transferred from the jurisdiction of an abolished mayor's court to the appropriate municipal or county court may be in the thousands. One would think that such a caseload increase will carry some processing costs that, if quantifiable, could exceed easily minimal. What portion of that operating expense increase would be offset in some manner by the additional revenue likely to be generated is uncertain.
Potential law enforcement effects
It seems fairly clear on the basis of LSC fiscal staff's research to date that, as a consequence of the abolition of its mayor's court, at a minimum, the municipal corporation's law enforcement activities could be negatively affected. We have identified at least two ways in which this potential negative fiscal effect may manifest itself.
First, the additional revenue municipal corporations are able to collect through the operation of a mayor's court may support a larger law enforcement department than arguably might typically otherwise exist. This suggests that, in order to operate within a more constrained budgetary environment, some municipal corporations could be forced to reduce their law enforcement expenditures, including cutting payroll costs.
Second, a mayor's court appears to typically be situated in or near a community center. This location makes travel to and from the courthouse easy for both citizens and law enforcement personnel. If the municipal or county court that would be handling that municipal corporation's cases is located at some distance from the community currently being served by the mayor's court, then potential costs, for example, transportation expenses, are incurred in relation to law enforcement personnel that would be required to attend and possibly testify in contested cases. Travel expenses include increasing mileage on vehicles, fuel costs, and an officer's salary while in transit and then waiting to testify.
Quantifying the potential fiscal impact of these factors on a municipal corporation's law enforcement expenses is rather problematic. That said, however, in its discussions with various interested parties, LSC fiscal staff discerned that some municipal corporations were anticipating that the following statements would be true: (1) the magnitude of the operating expense reductions necessary to function within a more constrained budget will exceed minimal, and (2) the magnitude of the direct and indirect costs associated with law enforcement's travel to and from another municipal or county court will exceed minimal.
General revenue distribution and operating expense rules
While recognizing that the rules applicable in Ohio's courts can be subject to exceptions and special provisions, this fiscal analysis builds from the following general assumptions relative to the handling of revenues collected by, and expenditures incurred by municipal, county, and mayor's courts:
· Fines collected for violations of municipal ordinances generally must be paid into the treasury of the city or village whose ordinance was violated.
· Fines collected for violations of the Revised Code generally must be paid into the treasury of the county in which the trial court is located.
· Forty-five percent of the fines collected from citations issued by the Ohio State Highway Patrol must be paid into the state treasury, with the balance being divided between the county in which the violation occurred and the governmental entity responsible for funding the court in which the case was filed.
· Fines collected for the violation of municipal ordinances in certain courts, for example, the Hamilton, Ottawa, and Lawrence county municipal courts, are divided evenly between the county treasury and the municipal corporation that filed the case.
· Costs and fees collected by courts generally are retained by the court or local jurisdiction in which the court is located.
· Current operating expenses of a municipal court are generally paid by the municipal corporation or county in which the court is located and under certain circumstances are apportioned among all of the municipal corporations that are within the territory of the court.
· The county within which the court is located pays current operating expenses of a county operated municipal court.
· Under the bill, municipal corporations with a population of less than 200 will not receive any fine revenue for violations under their municipal ordinances from municipal courts. Currently these municipal corporations receive 100% of this revenue or 50% in the counties of Hamilton, Ottawa, and Lawrence.
Detailed examination of fine revenue distribution and municipal court operating expenses
There are three different fine revenue distribution and court operating cost allocation models permitted under Ohio law. The bill's impact on any given municipal corporation that operates its own court, as well as any other municipal corporation that falls under that court's territorial jurisdiction, will depend upon the county or municipal court's operating model. Without data regarding revenue and expenditures from any of the affected municipal corporations, we are left to discuss the movement and changes regarding cost, fee, and fine revenues in rather broad qualitative terms rather than more precise quantitative terms. The discussion of these three models that follows should be viewed as a more detailed analysis of how the revenue will be distributed based on our previously described Scenarios 1 and 2.
Operating Model 1 – County operated municipal courts and county courts
LSC fiscal staff has identified 40 counties and affiliated county-operated municipal courts and county courts that would fall under our Operating Model 1. Those counties and the designated name of their affiliated court are summarized in Table 2, below. It should also be noted that Hamilton, Lawrence, and Ottawa are also county operated municipal courts, but are a special case examined below in Operating Model 2.
Table 2 County Courts and Certain County-Operated Municipal Courts in Ohio* |
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County |
Designation |
County |
Designation |
Adams |
County Court |
Mahoning |
County Court |
Ashtabula |
County Court |
Meigs |
County Court |
Auglaize |
Municipal Court |
Miami |
Municipal Court |
Belmont |
County Court |
Monroe |
County Court |
Brown |
Municipal Court |
Montgomery |
County Court |
Butler |
County Court |
Morgan |
County Court |
Carroll |
Municipal Court |
Morrow |
Municipal Court |
Clermont |
Municipal Court |
Muskingum |
County Court |
Columbiana |
Municipal Court |
Noble |
County Court |
Crawford |
Municipal Court |
Paulding |
County Court |
Darke |
Municipal Court |
Perry |
County Court |
Erie |
County Court |
Pike |
County Court |
Fulton |
County Court |
Portage |
Municipal Court |
Harrison |
County Court |
Putnam |
County Court |
Highland |
County Court |
Sandusky |
County Court |
Hocking |
Municipal Court |
Trumbull |
County Court |
Holmes |
Municipal Court |
Tuscarawas |
County Court |
Jackson |
Municipal Court |
Vinton |
County Court |
Jefferson |
County Court |
Warren |
County Court |
Madison |
Municipal Court |
Wayne |
Municipal Court |
* Does not include municipal courts operated by Hamilton, Lawrence, and Ottawa counties. |
Current law
· The county is responsible for paying 100% of the municipal or county court's operating expenses.
· In these counties, all fine revenue collected by the county operated municipal court or county court for violations of municipal ordinances is redistributed back to the municipal corporation whose ordinance was violated.
Impact of Sub. S.B. 252
· Municipal corporations with a population of 200 or more will see no reduction in fine revenue collection, whether the municipal corporation chooses to operate a community court or not, though those municipal corporations that do not operate a community court will see a reduction in court cost revenue collected.
· Fine revenue collected by municipal and county courts on behalf of municipal corporations with a population under 200 will not be distributed back to those jurisdictions but will instead be retained by the court. As such, municipal corporations with a population under 200 will lose all fine revenue and court cost revenue currently collected by their mayor's courts and any fine revenue currently being collected on their behalf by the municipal or county court.
Operating Model 2 – County operated municipal courts of Hamilton, Ottawa, and Lawrence counties
Current law
· As stated above, under existing law, in "county operated municipal courts," the county pays all costs associated with the court's operating expenses.
· In Hamilton, Ottawa, and Lawrence counties, 50% of the fine revenue collected by the county operated municipal court for violations of municipal ordinances is redistributed back to the municipal corporation whose ordinance was violated.
Impact of Sub. S.B. 252
· Municipal corporations who choose to operate a community court will not see any reductions in the fine or court cost revenue collected relative to the amounts that would otherwise have been collected under current law and practice.
· Municipal corporations with a population of 200 or more but less than 1,600 whose mayor's courts are abolished will see a reduction in fine revenue previously collected by their mayor's court of 50% and an elimination of any revenue collected from court costs.
· Fine revenue collected by the county operated municipal court on behalf of municipal corporations with a population of less than 200 will not be distributed back to those jurisdictions but will instead be retained by the court. As such, municipal corporations with a population of less than 200 will lose all fine revenue and court cost revenue currently collected by their mayor's courts and any fine revenue currently being collected on their behalf by the county operated municipal court.
Operating Model 3 – Noncounty operated municipal courts (the majority of municipal courts in Ohio)
Current law
· The operating costs of the municipal court are apportioned among the municipal corporations that are part of the court's territorial jurisdiction based on each municipal corporation's portion of the court's total annual caseload. This apportionment of operating costs is not permitted to exceed the fine revenue distributed back to the municipal corporation.
· In these counties, all fine revenue collected by the municipal courts for violations of municipal ordinances is redistributed back to the municipal corporation whose ordinance was violated.
· Generally, the fine revenue is less than the apportioned share of a municipal court's operating expenses, so the municipal corporation is likely to see little to no fine money from violations of municipal ordinances heard in the municipal court.
Impact of Sub. S.B. 252
· The bill does not change the apportionment formula for these municipal courts. However, it does exempt from the caseload calculation any cases that would have previously been heard in a mayor's court, subject to certain restrictions. Additionally, it restricts the definition of fine revenue distribution to omit any revenue distributed back to a municipal corporation for a violation of a municipal ordinance that would have been heard in a mayor's court, subject to certain restrictions.
· The net impact of the exemptions noted in the immediately preceding dot point is that the proportional share the municipal court is able to collect from municipal corporations under its jurisdiction will remain unchanged.
· The net fine revenue impact of these changes on municipal corporations with a population of 200 or more is that they will not be subject to any reduction in fine revenue that they would previously have received from their mayor's court, though they will not receive any court costs they previously collected.
· Fine revenue collected by municipal courts on behalf of a municipal corporation with a population of less than 200 will not be distributed back to those jurisdictions but will instead be retained by the court. As such, municipal corporations with a population of less than 200 will lose all fine revenue and court cost revenue currently collected by their mayor's courts and any fine revenue above their proportional share previously collected by the municipal court.
· The impact of these changes on the municipal court will require them to process additional cases, those previously heard in a mayor's court, without the ability to recoup any additional costs associated with these cases. The net result of these changes is that the operating costs of these municipal courts will increase and the municipal corporation where the court is located will be required to cover the additional expense.
State fiscal effects
Compensation of municipal court judges
Relative to the compensation of municipal court judges, the bill: (1) places all part-time judges in the same lower salary category, and (2) elevates the status of the judges serving on the municipal courts located in Chardon, Lyndhurst, and Miamisburg from part-time to full-time.
Part-time municipal court judges. Under current law, certain part-time municipal court judges, specifically those whose territory has a population of 50,000 or more, receive the same salary as full-time municipal court judges rather than the lower salary received by part-time municipal court judges generally. For 2008, the salaries of full-time and part-time municipal court judges are $114,100 and $65,650, respectively, with state and local shares determined by statute.
Table 3 immediately below displays the municipal court judges designated by the Revised Code as being part-time and the size of each respective judge's territorial population according to the 2006 Ohio Courts Summary. Three of those part-time judges, noted in bold type, are currently receiving the same salary as a full-time municipal court judge. The bill elevates the status of those judges to full-time, and as a result, ensures that each continues to receive the higher salary provided under current law. Additionally, in the future, a part-time municipal court judge that might have been entitled to receive the same salary as a full-time municipal court judge based on having a territorial population of 50,000 or more would no longer qualify for the higher salary. Presumably, this result creates a potential savings effect for the state and the affected local jurisdiction, but LSC fiscal staff cannot reliably predict if, when, nor where such a situation could occur.
Table 3 |
|
Municipal Court |
Population |
Avon Lake |
32,540 |
Bellevue |
12,174 |
Chardon |
90,895 |
Franklin |
26,219 |
Hardin County |
31,945 |
Hillsboro |
31,937 |
Huron |
10,530 |
Lawrence County |
37,370 |
Lyndhurst |
59,619 |
Mason |
47,531 |
Miamisburg |
67,241 |
Oakwood |
9,215 |
Shelby |
19,328 |
Struthers |
35,484 |
Vermilion |
19,857 |
Supreme Court of Ohio
As a result of the transition from mayor's courts to community courts in Ohio, the Supreme Court will likely incur more than minimal one-time and ongoing expenses in relation to their responsibility to essentially monitor and oversee the operations of local courts of record.
Though mayor's courts and their magistrates are not currently subject to Supreme Court supervision, it appears that many such jurisdictions are already following to varying degrees the rules and procedures that are likely applicable to a community court.
As a court of record and under the supervision of the Supreme Court, the magistrate of a community court may be mandated to meet additional education requirements. Many magistrates already participate in mayor's court training sessions independent of similar offerings of the Court's Judicial College. It is expected that, if these courses were to be conducted under the auspices of the Supreme Court, that the Judicial College will not need additional personnel.
It should also be noted that mayor's courts are already subject to some Supreme Court case data reporting requirements, and though it is expected these requirements may change for community courts, any change in said reporting is not expected to cause significant increased costs for the Court.
Attorney General
The bill permits the Attorney General to bring an action in the appropriate court of common pleas to enjoin a mayor, municipal corporation, or other person from operating a mayor's court or community court that is not authorized by the Revised Code. LSC fiscal staff assumes that such parties will generally comply with state law and the need for the Attorney General to investigate and litigate such matters will be relatively infrequent. Presumably, the threat of formal legal action would cause many, if not all, alleged violators to cease and desist in order to avoid the time and expense of taking the matter to trial. Assuming this were true suggests to LSC fiscal staff that the magnitude of the Attorney General's operating expenses in relation to exercising this permissive authority would generally be at most minimal in any given year.
LSC fiscal staff: Matthew L. Stiffler, Budget Analyst
SB0252S1.doc/th
Table 1 immediately below lists the following details associated with certain municipal corporations required to abolish their mayor's courts and not being permitted to create a community court: the affected municipal corporation (including its territorial population), the mayor's court total calendar year 2006 caseload, the respective county, and the municipal or county court likely to assume territorial jurisdiction over the misdemeanor offense and traffic cases of the abolished mayor's court.
Table 1 Details of Locations Where Mayor's Courts Abolished and Not Replaced with Community Court |
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Mayor's Court Location |
County |
Municipal Population |
Mayor's Court Total Caseload |
Court Likely to Take Jurisdiction of Mayor's Court Cases |
Seaman |
Adams |
1,039 |
328 |
Adams County Court |
Winchester |
Adams |
1,025 |
91 |
Adams County Court |
Cairo |
Allen |
499 |
103 |
Allen County Court |
Hayesville |
Ashland |
348 |
32 |
Ashland Municipal Court |
Mifflin |
Ashland |
144 |
80 |
Ashland Municipal Court |
Perrysville* |
Ashland |
816 |
0 |
Ashland Municipal Court |
Andover |
Ashtabula |
1,269 |
85 |
Ashtabula Municipal Court |
Geneva on the Lake |
Ashtabula |
1,545 |
384 |
Ashtabula Municipal Court |
Albany |
Athens |
808 |
64 |
Athens Municipal Court |
Amesville |
Athens |
184 |
11 |
Athens Municipal Court |
Buchtel |
Athens |
574 |
313 |
Athens Municipal Court |
Chauncey* |
Athens |
1,067 |
54 |
Athens Municipal Court |
Coolville* |
Athens |
528 |
29 |
Athens Municipal Court |
Jacksonville |
Athens |
544 |
76 |
Athens Municipal Court |
Trimble |
Athens |
466 |
36 |
Athens Municipal Court |
New Knoxville |
Auglaize |
891 |
47 |
Auglaize Municipal Court |
Belmont |
Belmont |
532 |
34 |
Belmont Municipal Court |
Bethesda |
Belmont |
1,413 |
167 |
Belmont Municipal Court |
Brookside |
Belmont |
644 |
12 |
Belmont Municipal Court |
Fayetteville |
Brown |
372 |
686 |
Brown County Municipal Court |
Higginsport |
Brown |
291 |
174 |
Brown County Municipal Court |
Russellville |
Brown |
453 |
414 |
Brown County Municipal Court |
Sardinia |
Brown |
862 |
154 |
Brown County Municipal Court |
Seven Mile |
Butler |
678 |
89 |
Butler County Court |
North Lewisburg |
Champaign |
1,588 |
140 |
Champaign County Municipal Court |
Catawba |
Clark |
312 |
57 |
Clark County Municipal Court |
Donnelsville |
Clark |
293 |
81 |
Clark County Municipal Court |
Table 1 continued |
||||
Mayor's Court Location |
County |
Municipal Population |
Mayor's Court Total Caseload |
Court Likely to Take Jurisdiction of Mayor's Court Cases |
Tremont |
Clark |
349 |
357 |
Clark County Municipal Court |
North Hampton |
Clark |
370 |
1,480 |
Clark County Municipal Court |
Felicity |
Clermont |
922 |
279 |
Clermont County Municipal Court |
Owensville |
Clermont |
816 |
504 |
Clermont County Municipal Court |
Newtonsville* |
Clermont |
492 |
17 |
Clermont County Municipal Court |
Martinsville |
Clinton |
440 |
11 |
Clinton County Municipal Court |
Hanoverton |
Columbiana |
387 |
279 |
Columbiana County Municipal Court |
Rogers |
Columbiana |
266 |
190 |
Columbiana County Municipal Court |
Salineville |
Columbiana |
1,397 |
612 |
Columbiana County Municipal Court |
Summitville |
Columbiana |
108 |
36 |
Columbiana County Municipal Court |
Washingtonville |
Columbiana |
789 |
359 |
Columbiana County Municipal Court |
New Waterford |
Columbiana |
1,391 |
224 |
Columbiana County Municipal Court |
Bratenahl |
Cuyahoga |
1,337 |
3,237 |
Cleveland Municipal Court |
Brooklyn Heights |
Cuyahoga |
1,558 |
810 |
Parma Municipal Court |
Cuyahoga Heights |
Cuyahoga |
599 |
354 |
Garfield Heights Municipal Court |
Glenwillow |
Cuyahoga |
449 |
565 |
Bedford Municipal Court |
Linndale |
Cuyahoga |
117 |
5,013 |
Parma Municipal Court |
Woodmere |
Cuyahoga |
828 |
1,567 |
Bedford Municipal Court |
North Randall |
Cuyahoga |
906 |
1,486 |
Bedford Municipal Court |
Sherwood |
Defiance |
801 |
4 |
Defiance Municipal Court |
Shawnee Hills |
Delaware |
419 |
319 |
Defiance Municipal Court |
Milan |
Erie |
1,445 |
1,002 |
Erie Municipal Court |
Carroll |
Fairfield |
488 |
91 |
Fairfield County Municipal Court |
Lithopolis |
Fairfield |
600 |
306 |
Fairfield County Municipal Court |
Sugar Grove |
Fairfield |
448 |
49 |
Fairfield County Municipal Court |
Brice |
Franklin |
70 |
324 |
Franklin County Municipal Court |
Harrisburg |
Franklin |
332 |
146 |
Franklin County Municipal Court |
Marble Cliff |
Franklin |
646 |
369 |
Franklin County Municipal Court |
Minera Park |
Franklin |
1,288 |
982 |
Franklin County Municipal Court |
Valleyview |
Franklin |
601 |
518 |
Franklin County Municipal Court |
Rio Grande |
Gallia |
915 |
49 |
Gallipolis Municipal Court |
Senecaville |
Guernsey |
453 |
184 |
Cambridge Municipal Court |
Addyston |
Hamilton |
1,010 |
1,520 |
Hamilton County Municipal Court |
Arlington Heights |
Hamilton |
899 |
3,724 |
Hamilton County Municipal Court |
Lynchburg |
Highland |
1,350 |
200 |
Hillsboro Municipal Court |
Table 1 continued |
||||
Mayor's Court Location |
County |
Municipal Population |
Mayor's Court Total Caseload |
Court Likely to Take Jurisdiction of Mayor's Court Cases |
Mowrystown |
Highland |
373 |
80 |
Hillsboro Municipal Court |
Laurelville |
Hocking |
533 |
125 |
Hocking County Municipal Court |
Murray City |
Hocking |
452 |
322 |
Hocking County Municipal Court |
Coalton |
Jackson |
545 |
101 |
Jackson County Municipal Court |
Bergholz |
Jefferson |
769 |
94 |
Jefferson County Court |
Dillonvale |
Jefferson |
781 |
65 |
Jefferson County Court |
Empire |
Jefferson |
300 |
538 |
Jefferson County Court |
Stratton |
Jefferson |
277 |
3 |
Jefferson County Court |
New Alexandria |
Jefferson |
222 |
16 |
Jefferson County Court |
Grand River |
Lake |
345 |
328 |
Lake County Court |
Perry |
Lake |
1,195 |
295 |
Painesville MC |
Chesapeake |
Lawrence |
842 |
873 |
Lawrence County Court |
Hanging Rock |
Lawrence |
279 |
1,906 |
Lawrence County Court |
Proctorville |
Lawrence |
620 |
428 |
Lawrence County Court |
Alexandria |
Licking |
85 |
785 |
Licking County Municipal Court |
Hartford |
Licking |
412 |
88 |
Licking County Municipal Court |
Kirkersville |
Licking |
520 |
387 |
Licking County Municipal Court |
St. Louisville |
Licking |
346 |
395 |
Licking County Municipal Court |
Berkey |
Lucas |
265 |
386 |
Sylvania Municipal Court |
Lowellville |
Mahoning |
1,281 |
179 |
Mahoning County Court |
Westfield Center |
Medina |
1,054 |
57 |
Wadsworth Municipal Court |
Racine |
Meigs |
746 |
33 |
Meigs County Court |
Rutland* |
Meigs |
401 |
0 |
Meigs County Court |
Syracuse |
Meigs |
879 |
81 |
Meigs County Court |
Rockford |
Mercer |
1,126 |
203 |
Celina Municipal Court |
Fletcher |
Miami |
510 |
39 |
Miami County Court |
Phillipsburg |
Montgomery |
628 |
132 |
Montgomery County Court |
Malta |
Morgan |
696 |
155 |
Morgan County Court |
Edison |
Morrow |
437 |
254 |
Morrow County Municipal Court |
Dresden |
Muskingum |
1,423 |
73 |
Muskingum County Court |
Frazeysburg |
Muskingum |
1,201 |
129 |
Muskingum County Court |
Payne |
Paulding |
1,166 |
41 |
Paulding County Court |
Oakwood |
Paulding |
607 |
41 |
Paulding County Court |
Corning |
Perry |
593 |
26 |
Perry County Court |
Shawnee |
Perry |
608 |
6 |
Circleville Municipal Court |
Table 1 continued |
||||
Mayor's Court Location |
County |
Municipal Population |
Mayor's Court Total Caseload |
Court Likely to Take Jurisdiction of Mayor's Court Cases |
Somerset |
Perry |
1,549 |
224 |
Circleville Municipal Court |
Thornville |
Perry |
731 |
252 |
Circleville Municipal Court |
New Straitsville |
Perry |
774 |
52 |
Circleville Municipal Court |
Commercial Point |
Pickaway |
776 |
106 |
Pickaway County Court |
South Bloomfield |
Pickaway |
1,179 |
978 |
Pickaway County Court |
New Holland |
Pickaway |
785 |
20 |
Pickaway County Court |
Beaver* |
Pike |
464 |
0 |
Pike County Court |
Gratis |
Preble |
934 |
317 |
Eaton Municipal Court |
West Elkton |
Preble |
194 |
60 |
Eaton Municipal Court |
Butler |
Richland |
921 |
92 |
Mansfield Municipal Court/ Shelby Municipal Court |
Lucas |
Richland |
620 |
9 |
Richland County Court |
Shiloh |
Richland |
721 |
7 |
Richland County Court |
Bettsville |
Seneca |
784 |
246 |
Seneca County Court |
Bloomville |
Seneca |
1,045 |
138 |
Seneca County Court |
Green Springs |
Seneca |
1,247 |
55 |
Seneca County Court |
Anna |
Shelby |
1,319 |
120 |
Sidney Municipal Court |
Jackson Center |
Shelby |
1,369 |
105 |
Sidney Municipal Court |
Port Jefferson |
Shelby |
321 |
238 |
Sidney Municipal Court |
Russia |
Shelby |
551 |
|
Sidney Municipal Court |
East Sparta |
Stark |
806 |
53 |
Stark County Court |
Waynesburg |
Stark |
1,003 |
292 |
Stark County Court |
Boston Heights |
Summit |
1,186 |
5,285 |
Cuyahoga Falls Municipal Court |
Peninsula |
Summit |
602 |
760 |
Cuyahoga Falls Municipal Court |
Midvale |
Tuscarawas |
547 |
76 |
Tuscarawas County Court |
Port Washington |
Tuscarawas |
552 |
153 |
Tuscarawas County Court |
Harveysburg |
Warren |
563 |
281 |
Warren County Court |
Maineville |
Warren |
885 |
192 |
Warren County Court |
Morrow |
Warren |
1,286 |
274 |
Warren County Court |
Beverly |
Washington |
1,282 |
0 |
Marietta Municipal Court |
Matamoras |
Washington |
957 |
238 |
Marietta Municipal Court |
Marshallville |
Wayne |
826 |
132 |
Wayne County Municipal Court |
Mount Eaton |
Wayne |
246 |
698 |
Wayne County Municipal Court |
Shreve |
Wayne |
1,582 |
105 |
Wayne County Municipal Court |
Smithville |
Wayne |
1,333 |
403 |
Wayne County Municipal Court |
Table 1 continued |
||||
Mayor's Court Location |
County |
Municipal Population |
Mayor's Court Total Caseload |
Court Likely to Take Jurisdiction of Mayor's Court Cases |
West Salem |
Wayne |
1,501 |
202 |
Wayne County Municipal Court |
Bairdstown* |
Wood |
130 |
0 |
Wood County Court |
Bloomdale |
Wood |
724 |
36 |
Wood County Court |
Bradner |
Wood |
1,171 |
137 |
Wood County Court |
Haskins |
Wood |
638 |
115 |
Wood County Court |
Portage |
Wood |
428 |
1,250 |
Wood County Court |
Rising Sun |
Wood |
620 |
123 |
Wood County Court |
Wayne |
Wood |
842 |
87 |
Wood County Court |
West Millgrove |
Wood |
78 |
327 |
Wood County Court |
* Incomplete data reporting for 2006.