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Ohio considers eliminating part-time judges

A move to full-time judges would impact Area I court in uptown Oxford, where a part-time judge currently presides over cases.
A move to full-time judges would impact Area I court in uptown Oxford, where a part-time judge currently presides over cases.

Sarah Foster

A move to full-time judges would impact Area I court in uptown Oxford, where a part-time judge currently presides over cases. (Lauren Fleming)

Miami University students in court for a traffic ticket or charges of underage drinking could find themselves having to travel out of town, if a proposal to eliminate part-time judgeships in Ohio goes through.

Currently, three part-time judges serve each of the three area courts in Butler County: Area I, Area II and Area III. Judge Rob Lyons is the part-time judge that serves the Oxford area, which is Area I.

But Butler County may be in the process of eliminating part-time judgeships in the municipal courts, a division of the county court system.

This is a move that state Chief Justice Thomas Moyer wants all Ohio counties to work toward, in an attempt to cut costs and remove any appearance of a conflict of interest in judges who preside over a courtroom one day and serve as an attorney the next.

Each of the three part-time judges in the Butler County conduct regular criminal and traffic dockets one day of the week and are practicing trial attorneys on other days.

County commissioners are looking into eliminating these part-time judgeships and hiring one or two full-time judges to fill their place.

If a change does take place, it could have mixed results for individuals who have to go before Area I court.

"I believe it would have a significant effect on students because the full-time judge would not be located in Oxford," said Wayne Staton, an Oxford lawyer and finance professor at Miami University. "The student would have to travel perhaps to Hamilton or the Westchester area."

In addition to travel time, Staton said full-time judges could be problematic for students due to their potential detachment from the university community.

"The change from part-time judges to a full-time judge would be detrimental to students," Staton said. "I believe the full-time judge wouldn't be as sensitive to students. It would be in students' best interests to continue with the part-time judge."

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Court Administrator Linda Lovelace said she does not see a conflict of interest occurring in Oxford cases, because Judge Lyons does not practice much at all in the area. Yet she also thinks that it is important for Butler County to be included in state processes.

"We would like to be included in whatever process is selected to move forward because we have good input on the matter," Lovelace said.

Proponents of the change believe that the elimination of part-time judges will also save the county money by eliminating the need for extra court personnel. This cuts down the costs of records and separate computer systems.

The state splits the costs of municipal and county judges, with the county paying $35,500 of a part-time judge's $62,800 salary and the Ohio Supreme Court paying the rest, according to Ohio Supreme Court spokesman Chris Davey.

This may not be the best plan for all counties, though. Lovelace said that turning to full-time judges might not save money for Oxford.

"The county court is still going to have the same amount of money funneling into the system, but expenditures would increase with a full-time judge," Lovelace said.

According to Lyons, who has been a part-time judge in Butler County Area I court since 1999, the county would not benefit from the county courts going from part-time to full-time judges.

The three part-time judges in the Butler county courts handle approximately 30,000 cases each year combined. The Supreme Court recommends that one judge in the full-time courts preside over 1,000 to 15,000 cases per year, Lyons said.

"One thing is clear - turning the county courts from part-time to full-time would not be a financial save," Lyons said. "It would actually be more expensive due to the requirements (from the state). We would actually need four full-time judges."

Lyons said that presently, the three part-time county courts are run very efficiently.

"We conduct business in an expedient, efficient manner," he said.

Although they are not full-time, Butler County's judges are available to their clients at any time for problems arising in court, such as issues involving search warrants.

Students may get less personal attention if Butler County was served by one full-time judge for all three area courts, according to Dan Haughey, a defense attorney and professor of business law at Miami University.

"I think at a personal level Miami students are very fortunate to have Judge Lyons," Haughey said. "He is a Miami graduate and has taught on campus in the past, so he understands the culture at the university."

While Haughey understands the chief justice's stance, he believes it is a tough question to consider as far as how the Oxford community would be best served.

"This is a hot topic and definitely hits close to home for judges in Butler County," Haughey said. "We (defense attorneys) deal with these judges on a day-to-day basis and we are a close-knit community."

In Ohio, 52 out of 88 counties have full-time judges in municipal courts. The remaining 36, however, rely on part-time judges to conduct Area I court charges.

The county court system consists of mayor courts, municipal courts and common pleas courts. County courts are part-time by definition, but the municipal court can be full-time or part-time.

The territorial jurisdiction of the Area I Court includes the city of Oxford and all of Milford, Morgan, Oxford, Reily and Wayne Townships.

In Area I court, traffic dockets are held Thursdays. There are also civil dockets and arraignment dockets. Offenses that are brought to Area I court include misdemeanors such as traffic violations, domestic violence and bail bonds.

In order for any changes to go into effect for all courts (other than the Supreme Court), there would have to be a change through the legislature. County positions such as the county commissioner or auditors do not have the authority to change the nature of the courts.


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