08/07/2012 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 08-07-12 under the impression that North Olmsted is taking all of the cases from Rocky River, which is not the case. It's mostly traffic offenses/minor offenses. The remainders will ~ still be going to Rocky River Court. North Olmsted will still be using Rocky River's probation department's skills and expertise to find treatment for people. There is a certification requirement by the Ohio Supreme Court for these lawyers who become Magistrates. They are required to take extensive yearly training coupled with continuing legal education credits. North Olmsted will have trained Magistrates that will know what they are doing. Nash said there's only 2 hours of substance abuse/mental health training. Councilwoman Williamson said that is constant with any lawyer who is handling any case is required to take that. There is a special certification for Magistrates who are operating in Mayor's Courts. It's important to note that there is separate training from just the normal CLE's that each lawyer is required to take on an annual basis. Councilman Mahoney said North Olmsted only employees one full-time correction officer, and he is concerned if the jail population increases. He asked his fellow Council members to consider the people with substance abuse and mental health issues. Mayor Kennedy asked Nash what scientific proof she has to end up with the conclusion that more people will end up in North Olmsted's jail. Nash said the statue has been changed in how the sentencing goes. Mayor Kennedy said no one that is coming to Mayor's Court for a speeding ticket is going to jail. There will not be a higher rate of people going to jail. What Nash is doing is as ridiculous as talking about lowering prices at Great Northern Mall. Councilman Kearney asked Nash to review the recidivism rates and she did. Councilman Kearney asked Nash if the recidivism rate is higher for first time OVI offenders than the 2.5% out of the 200 cases reviewed. Nash said they just took a snapshot. Brian Hagan, 3926 Mark Avenue, Rocky River sits as a Judge at the Rocky River Municipal Court. His position is the same as Justice Moyer had as far as the appearance of impropriety of Mayor's Courts. Ohio and Louisiana are the only states that have Mayor's Courts. The 6th Circuit Federal Court of Appeals ruled Mayor's Courts unconstitutional because of the executive branch taking over the judiciary. North Olmsted has the Rocky River Municipal Court as their judiciary. He gave an overview of how the court ended up in the city of Rocky River. Although the Mayor stated he will not be involved, the appearance of impropriety is still there. The Magistrate is still an employee of the Mayor and will get paid by the City of North Olmsted. The Prosecutor is still an employee of the City of North Olmsted. Hagan said it's not the city's money that employees the people that work in Rocky River Court. It's the court costs from the people that use the court that pay for the court's operations. Not one tax dollar has come from the cities of Rocky River or North Olmsted or other cities in the jurisdiction that goes to the operations of the court. On the subject of convenience, not everyone that has a ticket written in the City of North Olmsted is a resident. Hagan said the biggest thing for him about being convenient is making sure patrol officers are not in court all of the time, the prosecuting attorney has an efficient docket, etc. When Rocky River does their probation, every single first offense OVI that he receives -and there are no reductions unless the prosecuting attorney during a motion to suppress says he will not be able to make the case - is sent to probation. 5