Do we have too many judges?

SANDUSKY — Perhaps the most surprising recommendation from Erie County's Blue Ribbon Commission looking at how to cut government expenses was the suggestion that the county reduce the number of common pleas judges from four to three. The recommendation, if carried out, would reverse a change made about 20 years ago when the number of judges was expanded from three to four. The commission indicates the cut would save the county money and would still allow court work to continue. But local attorneys and judges said the change would slow down the courts and is a bad idea. The two judges who took office in 2005 after the number of judges was expanded, common pleas judges Roger Binette and Tygh Tone, both oppose the idea and say members of the commission never talked to them while they were carrying out their study. The third common pleas judge, Beverly McGookey, shares criminal cases with Tone and Binette and handles probate matters. The fourth judge, Robert DeLamatre, handles the juvenile court. Arguments for fewer judges The Blue Ribbon Commission, established by the Erie County commissioners, unveiled its report on June 30 at a public event on the campus of BGSU Firelands. It offered a long list of possible ways to save money, including eliminating some small-town police departments, setting up a regional water and sewer district and asking school districts to consider mergers. The report is available at the commissioners' website: eriecounty.oh.gov/BoardofCommissioners.aspx. The report claims that eliminating a fourth judge would save $700,000. "Recent trends show a consistent reduction in docket size, raising the question of whether current demand supports maintaining all four positions," the report states. The appendix to the original report contradicted that claim. On page 113, it shows that in 2004, when the county still had three common pleas judges, there were 2,411 cases, about 800 per judge. It shows that in 2024, there were 4,165, more than 1,000 for each of the four judges. The Register spotted this the day of the hearing and asked about it publicly. The co-chairman of the commission, Jeff Krabill, said after the meeting that wrong numbers had been put into the report. He sent revised numbers showing a small decline in total cases from 2,261 in 2015 to 2,136 in 2024. Binette, meanwhile, ordered his staff to do a case count. He released numbers showing that civil case filings went from 480 in 2023 to 595 in 2024 and seem on track to grow again in 2025. An Ohio Supreme Court report, issued May 19 at the request of state Sen. Theresa Gavarone, R-Bowling Green, shows a general trend of declining caseloads. It shows a small decline in incoming cases over a timespan of about 10 years, from 2,914 in 2015 to 2,565 in 2024. The average during that time period has been 2,587 cases. The supreme court report states it's difficult to compare Erie County's caseload with other counties because of Erie County's unusual court structure. "Unfortunately, Erie County is the only county in Ohio that has a combined general, domestic relations and probate division. Because of that, there are no peer courts against which we can compare the court's caseload," it states. Expanding the number of judges in 2004 required a change in state law, and cutting the number of judges would require another change in the law. The Ohio General Assembly is in recess until the fall, but Erie County commissioner Matt Old said commissioners will seek the change, asking for help from the two state lawmakers who represent Sandusky, state Rep. D.J. Swearingen, R-Huron, and Gavarone, R-Bowling Green. "I have spoken with Sen. Gavarone and Rep. Swearingen about the importance of eliminating one judge. Members of the Blue Ribbon panel have presented their recommendations to them as well," Old said. "I am hopeful they will be supportive and introduce legislation when the General Assembly returns in the fall," Old said. "I believe this will save taxpayers at least five hundred thousand dollars per year and make the courthouse more efficient." Swearingen, an attorney, said he's undecided on whether cutting the number of judges is a good idea. "I'm still talking to all of the people involved in the justice system to get their opinion on feasibility," he said. Gavarone did not respond to requests for comment. Arguments to keep four judges Reaction from local attorneys to the Blue Ribbon Commission's suggestion has been uniformly negative, said Charles Murray, an attorney in the local Murray & Murray law firm and the current president of the Erie County Bar Association. Murray said there was a terrible backlog of cases when the fourth judge was added in 2004 and said it would be a "tragic miscarriage" to eliminate a judge. Tone, who took office in 2005 after defeating an incumbent, also talked about the backlog of cases Erie County used to have. He said there were 2,700 pending cases when he took office. One of the cases dated back to 1979, he said. "It took several years to clean it up," Tone said. He said his staff worked on weekends in an effort to get the cases caught up. Tone said he now has a workload of 300 to 400 cases. Tone said he inherited a staff of 11 from his predecessor and divided up the staff and budget with Binette. "I strive to have a small staff," Tone said. "It's much easier to handle." Tone said he also doesn't understand where the claim of big savings is coming from, as the salaries of the judges are paid by the state and not by local taxpayers. Binette, who described the proposal to eliminate a judge as "crazy," said slowing down the system would make it harder to deal with chronic overcrowding at Erie County's jail. He said he had just received a message that the jail is overcrowded again, asking if anyone can be released. McGookey, who handles probate cases and criminal cases, said she also opposes cutting the number of judges. She said it was "totally shocking" the commission would offer its recommendation without talking to the judges first. County prosecutor Kevin Baxter said he hasn't seen the Ohio Supreme Court or looked at any other court statistics. He declined comment, saying he can't offer an informed opinion.