Friday, July 15, 2011

Ohio's dirty little secret


July 4th I emailed both Representative Hottinger and Senator Schaffer about what I see as a huge injustice that has gone on in Ohio for decades, Mayor's Courts.  Only two states allow Mayor's Courts, Louisiana and Ohio.  I cannot imagine a scenario where being on any kind of list which includes only Ohio and Louisiana would be something to be proud of.
Our Forefathers established three separate branches of government, Executive, Legislative and Judicial.  Only in Ohio and Louisiana is the Executive branch permitted to administer the Judicial branch.  Former Ohio Supreme Court Chief Justice Thomas Moyer was a vocal opponent of Mayor's Courts.  Before dying in his last term he said "Justice can be twisted in a town where the Executive branch is administering the Judicial branch."  The following organizations (according to a Columbus Dispatch article) have spoken out in favor of reform for Mayor's Courts: 
Ohio Supreme Court
Ohio Prosecuting Attorney Assn.
Ohio Judicial Conference
Ohio State Bar Assn.
Mothers Against Drunk Drivers
Association of Court of Appeals Judges

Why has reform been halted each time a bill was introduced?  The Ohio Municipal League is the main opponent against Mayor's Court reform.  Many small villages use their Mayor's Court as an ATM for funding the day to day operation of their Village.  The amount kept from Mayor's Court fines are much greater than what the Village would get from Municipal Court.  Besides the Village treasuries, another beneficiary is the Auto Insurance industry.  When a Village such as Linndale Ohio takes in $700,000.00 in a year through their Mayor's Court, should we wonder how many drivers had their insurance rates increased for the next several years? 
According to the 2010 US census Linndale (a suburb of Cleveland) has 132 people older than 18 along with 47 under 18, all in a 4 block Village.  For years they have benefited from what may be the most valuable piece of real estate in Ohio, 400 yards of Interstate 71 that was incorporated into the Village.  It doesn't matter that there is no entrance or exit ramp inside the Village of Linndale.  This little piece of Federal Highway is the biggest contributor in funding 80% of the Village budget.  Is it any wonder that each Council member drives a vehicle owned by the Village?  Or that residents enjoy clam bakes during the summer, a Christmas party with gifts for each child, free smoke detectors, carbon monoxide detectors, flu shots along with a mobile library for those that don't want to travel the full 4 blocks.

For anyone that cares to do a Google search for "OHIO MAYOR'S COURT" +abuse, you will see that Linndale is just one of many Boss Hogg type operations going on all across Ohio.  Hanging Rock near Ironton on US route 52 takes in over 20 times as much in Mayor's Court fines as in property taxes.  Dozens of small Villages take in over 10 times as much from their Mayor's courts as from property taxes.
Anyone see the injustice here?  Law enforcement is meant to protect and to serve.  $700,000.00 for a Village where the 4 Council members up for election in 2009 got 16, 16, 14, 14 votes..........where the Current Mayor is the wife of a former Mayor who is now Council Clerk/Treasurer..........All we need are Sheriff Roscoe and Enos.  Mayor's Courts are required to file quarterly with the Ohio Supreme Court, yet there is no penalty when they do not.  Some thumb their noses and go on.  Many have been embezzled.  New Rome was a good example with the corruption and embezzling going on for years before finally being dissolved.  Nothing happened until they made National news.  At their best, New Rome took in $400,000.00 per year, just over half what Linndale takes in. 
Our Ohio legislators allow this to continue.  They choose to represent politicians rather than the ones that elected them.  Bills have been introduced by Representative Larry Wolpert but were never passed.  I have to wonder why MY state Representative (Jay Hottinger) or MY state Senator (Tim Schaffer) have never sponsored or co-sponsored a bill for Mayor's Court reform.  Since I wrote them 11 days ago, I have yet to get a response.  There are laws that could protect us from "THE LAW".  How many of the 99 Representatives and 33 Senators will step up and fix something that has been broken for decades?   I am one voice, one vote.   It takes many voices, many votes to get the attention of those who want to keep turning a blind eye to the abuses being inflicted on the very people that elected them. 
Licking County has 10 Mayor's Courts.  They are Alexandria, Kirkersville, Hebron, St Louisville, Utica, Johnstown, Granville, Buckeye Lake, Pataskala and Hartford.  The fact that Hebron can keep almost all the money from a speeding ticket with their Mayor's Court instead of $10-13 from Municipal Court explains why you see their Law Enforcement patrolling route 79, a wide modern highway with a VERY low speed limit instead of downtown Hebron where they should be.  Alexandria, St Louisville, Utica, Johnstown...........If all they got was $10-13 from a ticket, it would not be cost effective to tie up an Officer and cruiser in writing nit-picking tickets.  They can have the Mayor (or someone hired by the Mayor) to decide whether you owe the Village money.  I'd rather appear before an elected Judge, someone whose monetary interest does not create a conflict of interest. 
Those who oppose Mayor's Court reform scream that Municipal Court would be flooded, Police would have to travel too far to testify, excuse after excuse.  The fact is that if 48 States and 19 counties in Ohio can get by without  Mayor's Courts, then so could the other 69 Ohio Counties. 
With less funding coming to the local level from the Federal and State government, we will see more heavy handed enforcement, more Linndales and Hanging Rocks.  Only our State law makers can protect us.  If they continue to turn a blind eye to the abuses, heaven help us.

For a little better insight on Linndale, watch the video of what Linndale is getting away with.  If this doesn't make you angry enough to write your State Representative and Senator, then sit back and watch Linndale become the norm.  Nothing makes a cockroach run faster than the light of day..  It worked for New Rome and it can work for all the other New Romes that are carrying on with business as usual.  

http://www.youtube.com/watch?v=AHGdK4-L_5Q

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