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 Fiscal Note & Local Impact Statement

127 th General Assembly of Ohio

Ohio Legislative Service Commission

77 South High Street, 9th Floor, Columbus, OH 43215-6136 ˛ Phone: (614) 466-3615

˛ Internet Web Site: http://www.lsc.state.oh.us/

BILL:

Sub S.B. 252 (LSC 127 1668-1 with LSC amendment SC-A)

DATE:

December 8, 2008

STATUS:

In Senate Committee on Civil Justice

SPONSOR:

Sen. Coughlin

LOCAL IMPACT STATEMENT REQUIRED:

Yes

 

 


CONTENTS:

Abolishes mayor's courts and creates community courts, converts three municipal court judgeships from part-time into full-time, and modifies the compensation of municipal court judges in territories having a population of more than 50,000

 

State Fiscal Highlights

 

STATE FUND

FY 2009 – FUTURE YEARS

General Revenue Fund (GRF) and/or Other State Funds of the Supreme Court

     Revenues

- 0 -

     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

     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.


Local Fiscal Highlights

 

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

Certain Municipal Corporations (those transitioning from mayor's to community court)

     Revenues

No apparent marked change in fines, fees, and court cost collections

     Expenditures

Appears that certain municipal corporations could incur more than minimal transitional and ongoing operating expenses

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

Certain Municipal Corporations (those not permitted to transition from mayor's to community court)

     Revenues

Factors adding and subtracting revenues,

with potential for more than minimal annual loss

     Expenditures

Likely annual decrease, potentially in excess of minimal in certain local areas

Certain Municipal and County Courts (those assuming jurisdiction from abolished mayor's court)

     Revenues

Gain in fine and related court revenue,

likely to exceed minimal annually in certain local areas

     Expenditures

Potential increase in annual operating costs, perhaps in excess of minimal in local areas having territorial jurisdiction over a relatively larger number of misdemeanor offense and traffic cases

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 corporationsLSC 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.

 

 


 

Detailed Fiscal Analysis

 

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.

 

            ExpendituresAs 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*

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
Territorial Population of Municipal Courts with Part-Time Judge

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

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.