2015 Annual Report-FINAL - cantoncourt.orgPage 10 ‐12 Probation Department Page 13 –15 Polaris...
Transcript of 2015 Annual Report-FINAL - cantoncourt.orgPage 10 ‐12 Probation Department Page 13 –15 Polaris...
Service
Accountability
Integrity
Justice
The Canton Municipal Court Annual Report for 2015 has been prepared for the Citizens of Central Stark County as provided by law, in accordance with Ohio Revised Code, Section
1901.14 (A)(4) and the Rules of Superintendence for Ohio Courts.
Mission Statement
The Canton Municipal Court is an independent branch of government entrusted with the fair, timely, impartial and just resolution of disputes in order to preserve the rule of law and
protect the rights and liberties guaranteed by the Constitution of the United States and the State of Ohio.
Service
Integrity
Accountability
Justice
Table of Contents
Letter to Canton City Council & The Stark County Board of Commissioners
Page 2
Jurisdiction & Organization
Page 3
Judges of The Canton Municipal Court
Page 4 – 7
Clerk of Court
Page 8
Court Administrator
Page 9
MagistratesPage 10 ‐ 12
Probation Department
Page 13 – 15
Polaris ProgramPage 16
Bailiff’s Office
Page 17 ‐ 18
Community Service Department
Page 19 ‐ 20
Jury Management
Page 21
Administrative & Support Staff
Page 22 – 23
Court Initiatives
Page 24 ‐ 25
Combined Judges Report, Statistics & Analysis
Page 26 – 29
Criminal/Traffic Division Financial Statement Page 30 – 33
Civil Division Financial Statement
Page 34
Court Contacts
Page 35
The Canton Municipal CourtJUDGES
Honorable Mary A. Falvey
Honorable Richard J. Kubilus
Honorable John A. Poulos
Honorable Curt Werren
CLERK OF COURTPhil G. Giavasis
MAGISTRATESJeremy J. Foltz
Derek C. McClowryCOURT ADMINISTRATOR
Michael E. Kochera
March 31, 2016
CANTON CITY COUNCILCITY OF CANTON, OHIO
BOARD OF COUNTY COMMISSIONERSSTARK COUNTY, OHIO
Dear Council President, Honorable Members, and Honorable Commissioners;
On behalf of 2015 Presiding & Administrative Richard J. Kubilus , Honorable Judge Mary A. Falvey, Honorable John A. Poulos, Honorable Curt Werren and Clerk of Court Phil G. Giavasis, I take this opportunity to present our Annual Report for 2015. Pursuant to Ohio Revised Code, Section 1901.14(A)(4), the Court shall compile year‐end reports demonstrating the number of cases heard, decided and settled, as well as data deemed necessary by the Supreme Court of Ohio.
Therefore, enclosed you will find the report of all criminal and civil cases assigned, reactivated and terminated, as well as all trial activity. In addition, enclosed is the Clerk of Court Financial Statement for the criminal, civil and traffic divisions for 2015.
In closing, on behalf of the Judges of the Canton Municipal Court, I would like to thank you for your continued cooperation and support.
Michael E. KocheraCourt Administrator
Respectfully,
Michael E. Kochera
Accountability
Jurisdiction & OrganizationThe Ohio Revised Code, Title 19, Chapter 1901 establishes and sets forth the authority and jurisdiction of the Canton Municipal Court.
The Canton Municipal Court is a limited jurisdiction court of record which has jurisdiction over any violation of city ordinances; any State of Ohio statutory misdemeanor or traffic offense; and jurisdiction to preside over felony preliminary hearings for offenses committed within the geographic boundaries of the Court. Jurisdiction also includes civil matters where the dispute is $15,000 or less and for small claims when the claim is $3,000 or less.
The four Judges of the Court are elected to staggered six year terms on a non‐partisan ballot. A person seeking election or appointment to the Canton Municipal bench must be an attorney with at least six years experience in the practice of law and reside within the Court’s jurisdiction. The Governor of the State of Ohio makes appointments to fill vacancies on the Municipal Court bench that occur between elections.
The Canton Municipal Court district serves a population of more than 200,000 citizens of Central Stark County and hears more than 27,000 cases annually.
Service
Justice
Judge Mary A. FalveyJudge Mary A. Falvey, has served as a Canton Municipal Court Judge since January 1991. Prior to that, she was a law partner with the firm Schulman, Mestel, Falvey and Burick Co. L.P.A. in Canton, Ohio, a firm whose primary focus was civil litigation.
Judge Falvey graduated from Fairmont West High School in Kettering, Ohio. She earned her B.S.S.W. cum laude from the Ohio State University in 1973. She received her Juris Doctorate from the University of Akron in 1979.
Judge Falvey has been active in many civic and charitable organizations. She has served as a member of Big Brothers Big Sisters Advisory Board from 1988 through 2000, including serving as President of the Board in 1992. She has served as a member of the Junior League of Canton, Community Advisory Board. Judge Falvey has been the district coordinator for the Ohio Mock Trial program since 1994. Judge Falvey also presides over the Polaris Program, the Court’s specialized Mental Health Court docket.
Judge Falvey has served as a member of the University of Akron Law Alumni Association. She has also served as a member of the Stark County Community Corrections Planning Board and the Canton Municipal Court Domestic Violence Council. She is also a member of the Ohio State Bar Association, the Stark County Bar Association and the Municipal Court Judges Association.
Prior to becoming a lawyer, Judge Falvey worked as a social worker at Massillon State Hospital for six years.
Accountability
JusticeJudge Richard J. Kubilus has served as a Canton Municipal Court Judge since January 1993. Prior to that time, he served as a law partner with Lesh, Casner & Miller Co. in private practice. In his private practice, he had fifteen years of trial experience involving commercial and civil litigation, real estate, business organization and family planning matters. He also served as a Plain Township Trustee from September 1990 through December 1992.
After graduating from Walsh Jesuit High School in Stow, Ohio, Judge Kubilus earned his BA cum laudefrom the University of Akron in 1974. He received his Juris Doctorate from the University of Dayton School of Law in 1978. He is married to his wife Linda, with one son Eric.
Judge Kubilus is active in many community and charitable organizations. He has served as a Board Member of the Community Harvest, the North Canton Rotary Club and the Stark County Bar Association. He is a former group leader of the Boy Scouts Law Explorer Post, and has served as member of the Stark County Children Services Committee, the Pro Football Hall of Fame Enshrinement Committee, the United Way Allocation Committee, St. Paul’s Church and the Unique Club. Judge Kubilus is a graduate of Leadership Stark County and a member of the Ohio State Bar Association and the Municipal Court Judges Association.
Judge Richard J. Kubilus
Integrity
ServiceCanton Municipal Court Judge John A. Poulos grew up in the southeast section of Canton, Ohio. He graduated from Hartford Grade School and Canton McKinley High School.
After graduating from high school, Judge Pouloswent to work in the factory at Diebold, Inc. on Mulberry Road Southeast. Judge Poulos was a former member of Boilermakers’ Local 1191. He was also able to work his way through college at the University of Akron where he received both his undergraduate degree and Juris Doctorate.
Judge Poulos was elected to the Canton Municipal Court as Judge beginning January 1, 1994. Prior to that time, he was the Chief Prosecuting Attorney for the Canton Municipal Court District and a partner in the law firm of Kaschak and Poulos Co. L.P.A. Judge Poulossuccessfully represented the cities of Canton, Louisville and North Canton and the Townships of Canton, Lake, Nimishillen, Osnaburg, Pike, Plain and Sandy in his thirteen year career as a Prosecuting Attorney. He now proudly serves as a judicial representative of the above districts.
Judge John A. Poulos is the Chairman of the Canton Municipal Court Domestic Violence Council and Chairman of the Stark County Bar Association, Municipal Courts Committee. He also serves as a board member of the Community Drop‐in Center and the Canton Police Advisory Board. He has served on numerous boards and committees since becoming an attorney in 1981.
Judge John A. Poulos is a member of St. Haralambos Greek Orthodox Church and a member of the Canton Ex‐Newsboys’ Association.
Judge John A. Poulos
Accountability
Service
Judge Curt Werren
Judge Curt Werren is the most recent addition to the Canton Municipal Court. Before becoming a municipal court judge, Judge Werren served as a Judge for the Stark County Court of Common Pleas.
Judge Werren grew up in Canton, graduating from McKinley High School. After graduating from Ohio State’s law school, he returned to Canton to begin his legal career at Stark County’s oldest law firm, Day, Ketterer. There, he handled a variety of civil legal matters. After practicing almost twenty years at Day, Ketterer, Judge Werren transitioned to part‐time employment with the law firm so that he could become the executive director of the Stark County Regional Chapter of the American Red Cross.
Judge Werren has been active in many community organizations. He sits on the board of the McKinley Presidential Library. In the past, he has been active with the Stark County Safety Council Steering Committing, the Stark County Board of Mental Health Services and Recovery Board and has served as a president of the Canton Rotary Club. He also co‐chaired a capital campaign to raise money for the Community Campus at Goodwill.
Judge Werren is a lifelong Stark County resident who is currently raising high‐school aged triplets with his wife, Stephanie.
IntegrityClerk of Court
Phil G. Giavasis was appointed Clerk of the Canton Municipal Court in July of 2007, and was elected to the full term beginning in January 2008. He previously served 15 years as Clerk of the Stark County Common Pleas Court.
Phil is a 1980 graduate of McKinley Senior High School. He also graduated with a BA in Criminal Justice from Edinboro University of Pennsylvania, and graduated in 2004 from the Institute of Court Management as Certified Court Manager.
Phil Giavasis led the initiative that resulted in the computer integration of the entire criminal justice system in Stark County. He organized and currently chairs the Stark County Criminal Justice Information System (CJIS) Steering Committee, a subcommittee of the Stark County Community Corrections Planning Board; the body that oversees the integrated system.
The Stark County Criminal Justice Information System (CJIS) was the first county‐wide integrated system in Ohio and was developed with a series of grant funds from the Office of Criminal Justice Services totaling over one million dollars. The CJIS system combines the criminal justice information of the Canton, Massillon, and Alliance Municipal Courts with the Sheriff and Stark County Court of Common Pleas. The countywide central database is currently web accessible at www.starkcjis.org.
Accountability
Court AdministratorThe Judges of the Court appoint a Court Administrator to manage and oversee the operations of the Court. The Court Administrator reports directly to the Judges of the Court and is responsible for the development and implementation of all court programs, policies and procedures, as well as the general supervision of the Court Magistrates, Staff Attorney, Probation Department, Bailiff’s Office, Community Service Department, Jury Coordinator, Assignment Coordinator and related clerical, support and contract staff.
Other executive functions of the Court Administrator include: preparation and management of the annual court budget, personnel and human resource administration, legislative research and analysis, grant management, contractual services, coordination of technology, procurement of equipment and supplies, facility management, review and analysis of statistical reports and departmental performance. The Court Administrator also serves as a liaison with local, county and state government, courts and the public.
Court AdministratorMichael Kochera
Michael is a past‐President of the Ohio Association for Court Administration; a member of the Ohio Justice Alliance for Community Corrections, the National Association for Court Management, the American Probation & Parole Association and the Stark County Corrections Planning Board. Michael has served as Adjunct Faculty for the Judicial College of the Supreme Court of Ohio and is a graduate of the Court Executive Program, Class of 2013 through the Supreme Court of Ohio and the National Center for State Courts. In 2010, Michael was awarded the inaugural Chief Justice Thomas J. Moyer Memorial Scholarship presented by the Ohio Association for Court Administration, and in 2008 Michael was awarded the Quest Criminal Justice Services Award for his outstanding contributions to the Stark County criminal justice system. Michael is married to Rachel Kochera with a daughter Mallory and son Leo.
Service
Court MagistratesMagistrate Jeremy J. Foltz has served the Canton Municipal Court since 2006. Magistrate Foltz graduated from Canton GlenOak High School and went on to earn a Bachelor of Arts degree from Bowling Green State University in 1996. He received his Juris Doctorate from the University of Akron in 1999. Magistrate Foltz has been active in many civic and charitable organizations. He currently sits on the Board of Wishes Can Happen and is currently the Vice President of the Plain Local Schools Foundation. Magistrate Foltz is a member of the Ohio State Bar Association, the Stark County Bar Association and the Ohio Magistrate Association. A lifelong member of Trinity United Christian Church, Magistrate Foltz resides in Plain Township with his wife and two children.
Magistrate Derek C. McClowry has served the Canton Municipal Court since 2008. Magistrate McClowrygraduated from Alliance High School and went on to earn a Bachelor’s Degree from Walsh University in 1996. He received his Juris Doctorate from the University of Akron and was admitted to the practice of law in 2002. Magistrate McClowry is a 2014 graduate of the Court Management Program through the Supreme Court of Ohio and National Center for State Courts. Magistrate McClowryis a member of the Ohio State Bar Association, the Stark County Bar Association, the Ohio Magistrate Association and the Ohio Association for Court Administration. Magistrate McClowry also serves as Adjunct Faculty for the Judicial College of the Supreme Court of Ohio. Magistrate McClowry resides in Plain Township with his wife and two children.
Magistrate Jeremy J. Foltz
MagistrateDerek C. McClowry
Justice
Integrity
Staff Attorney
The Court’s Staff Attorney serves as legal advisor to the Judges, Magistrates and Court Administrator. The Staff Attorney conducts legal research, prepares legal briefs , and coordinates legislative research and analysis. The Staff Attorney also assists in policy development and review, and serves as a liaison between the Court and Supreme Court of Ohio.
Andrea M. ScassaStaff Attorney
Staff Attorney Andrea M. Scassa has served the Canton Municipal Court since May 2010. Prior to her appointment with the Court, Andrea served as an Assistant City Prosecutor with the City of Canton Prosecutors Office. Andrea graduated from Massillon Washington High School and went on to earn a Bachelor of Arts degree in Political Science from Miami University in 2001. She received her Juris Doctorate from Capital University in 2005.
Andrea is currently enrolled in the Court Management Program through the Supreme Court of Ohio and the National Center for State Courts.
Staff Attorney Scassa is a member of the Ohio State Bar Association, the Stark County Bar Association and the Ohio Association for Court Administration. Staff Andrea resides in Massillon with her husband and three children, and is a member of St. Mary’s Catholic Church in Massillon.
Court MagistratesThe Canton Municipal Court Magistrates undertake specific judicial duties as prescribed by the Supreme Court of Ohio. Magistrates Jeremy J. Foltz and Derek C. McClowry preside over minor misdemeanor criminal and traffic cases; Forcible Entry & Detainer (eviction) cases; Damage Hearings; Contract cases; Bank/Wage Attachment Hearings and Small Claims cases. Magistrates also hold monthly Night Court Sessions on the first and third Wednesday of each month at 6:00 pm. All of these proceedings are docketed by a written report of the Magistrate stating their findings of fact and conclusions of law. These reports are then reviewed by a Judge of the Court who finalizes a Judgment Entry with the Judge’s approval and confirmation.
Magistrate’s Statistics
Cases Heard 2015 2014
Criminal Minor Misdemeanors 369 417
Traffic Minor Misdemeanors 3,289 3,030
Forcible Entry & Detainers 2,183 2,232
Small Claims 461 640
Contracts 12 23
Other Civil Hearings, Bank/Wage Attachment Hearings, Damage Hearings
263 344
Total Cases Heard* 6,577 6,686
*Figure represents total cases heard, not total cases filed
The Traffic/Small Claims Court Bailiff manages the daily docket for the Court Magistrate, prepares the necessary entries and orders, operates the court recording system, and maintains the orderly flow of cases. Ms. Lombardi also manages the tracking and compliance of counseling and treatment referrals made to outside service providers by the Court.
Judith K. LombardiTraffic/Small Claims Court Bailiff
Service
Service
Accountability
Probation DepartmentAlthough the primary role of the Canton Municipal Court Probation Department continues to be the probation supervision of offenders and the enforcement of court orders, there are a myriad of other vital functions the Probation Department performs. Probation Officers conduct field contacts with offenders at their homes, places of employment and at counseling and other appointments, in addition to seeing offenders as frequently as weekly in the office. Probation Officers also perform random drug and alcohol testing on offenders, conduct pre‐sentence and expungement investigations, supervise curfew compliance and oversee the collection and payment of restitution to crime victims.
However, the role of the Probation Departmentis not simply enforcement. Probation Officers also serve as advocates for offenders under supervision. Probation Officers assist offendersin accessing services in the community such ascounseling services, employment and vocationalservices, educational services, adequate housingand medical treatment services.
All defendants sentenced to Probation Supervision are assessed via the Ohio Risk Assessment System (ORAS) in order to determine the level and frequency of supervision and services they will receive. Based upon the result of the risk/needs assessment, defendants are classified as Low, Moderate, High or Intensive Supervision. The initial level of supervision determines how frequently a defendant is required to report to their Probation Officer, how frequently they will be drug tested and assists in determining other goals for the defendant. As a defendant demonstrates compliance with the conditions of probation and orders of the Court, their level of supervision is revised accordingly.
The Probation Department, Court and community as a whole have a vested interest in assisting offenders in the rehabilitation process in order to prevent them from continuing to be involved in the criminal justice system, and consequently a further expense to the tax‐paying public.
Providing offenders the tools necessary to become productive members of the community is the cornerstone of successful probation supervision and
intervention.
Service
Probation Department
In an effort to further assist offenders recognize and change their poor decision‐
making skills, the Probation Department has incorporated a cognitive behavioralcurriculum known as Thinking for a Change. This curriculum is a evidence‐based,best practice that addresses an offender’s maladaptive decision making and offerspro‐social alternatives and solutions and increases the offenders’ awareness tothemselves and others.
The Probation Department also offers an evidence‐based Anger Managementcurriculum for defendants that have demonstrated a propensity toward violence.This curriculum is also a cognitive based intervention that addresses hostileappraisals and irrational beliefs that lead to aggressive and violent behavior.
Front: Administrative Assistant Deb Reichel, ISP Probation Officer Mike Bajornas, Probation Officer Jamey Sanders, Probation Officer Nathan Diekmann, Secretary Wendy Filimonuk Back: Probation Officer Stacy Swank,
Assessment Specialist Samantha Cook, Chief Probation Officer Lauren Kelly, ISP Probation Officer Kristen Kaplanis, ISP Officer Sue Cabot
First Time Offender Diversion Program
The Probation Department also coordinates the First Time Offender DiversionProgram. The First Time Offender Program is a collaborative initiative between theCity of Canton Prosecutor’s Office and the Municipal Court and ProbationDepartment. The Program allows eligible, first time, non‐violent offenders to havetheir offense expunged/sealed upon completion of 20 hours of Community Serviceand completion of a cognitive skills course or a substance abuse course.
During 2015, 257 first time offenders were accepted to the Diversion Program and187 successfully completed and had their offense expunged/sealed.
Accountability
Probation DepartmentProbation Case Activity by Year
425 465 442 427
903
1026
796 827841705
867 873
320 309 316351
283 288 349263
14 23 24 36
2015 2014 2013 2012
Probation Supervision
Monitored Cases (Court‐Ordered Counseling)
Restitution Investigations
Supervised Restitution
Expungement Investigations
Pre‐Sentence Investigations
Administrative Assistant Deborah Reichel and Probation Secretary Wendy Filimonuk provide the clerical and administrative support to the Chief of Probation and Probation Officers. They assist department staff with file preparation and management; document preparation; maintaining departmental calendars and office appointments; assist in scheduling court hearings; support for the First Time Offender Diversion Program and data input and management of the Offender Tracking Database.
Probation Secretary Wendy Filimonuk and Administrative Assistant Deborah Reichel
Service
Polaris Project The Polaris Project is a certified Specialized Docket through the Supreme Court of Ohio that provides a comprehensive, coordinated approach to the misdemeanor cases of defendants with severe mental illness and/or co‐occurring disorders in order to decrease criminal recidivism, improve public safety and improve the defendant’s quality of life by stabilizing the defendant in the least restrictive environment. The Polaris Project is a voluntary program that emphasizes the early identification and intervention of a person whose symptoms of mental illness, history of treatment non‐compliance, and/or refusal to accept treatment, results in a recurring pattern of misdemeanor offenses.
Judge Mary A. Falvey and Judge Curt Werren presided over the Polaris Project docket during 2015. The Polaris Project is a coordinated treatment and supervision program intended to promote effective treatment as an alternative to incarceration. Through frequent judicial interaction and intervention, the Program assists defendants in recognizing, taking control, managing and being accountable for their mental illness.
The Polaris Project is a cooperative effort between the Mental Health & Recovery Services Board of Stark County, Stark County TASC and the Canton Municipal Court.
During 2015, nine participants completed the Polaris Project and graduated from the Program.
2015 Statistics
“A revolving door problem has developed in this country. Jails and prisons have become the de facto mental health system of our day. We must reverse this trend.”
Justice Evelyn Lundberg Stratton, Supreme Court of Ohio
34%
34%
32%
DiagnosisBipolar SpectrumDisorders
Depression orAnxiety SpectrumDisorders
Schizophrenia orRelated Diagnosis
• 54 individuals have successfully completed the Polaris Program since its inception in 2009. Had they not been admitted to the Program and served their jail sentence, they would have spent 7,484 days in jail. While in the Program they only attributed for 265 days in jail.
• 68% of those successfully completing the Program have maintained their recovery and not re‐entered the criminal justice system one year post completion.
• Of those admitted to the Polaris Program, each averaged 8 prior arrests.
• 88% of participants had a history of substance abuse and/or dependency
Service
Bailiff ’s OfficeThe Bailiff’s Office is composed of three separate divisions; Judicial Bailiff division, Service Bailiff division and Court Security division.
The Judicial Bailiffs serve as personal Bailiff to each of the Court’s four Judges. Responsibilities of the Judicial Bailiffs include maintaining security in the courtroom, the orderly flow of cases on the daily docket, completion of required case documentation, swearing in witnesses, handling and marking exhibits, and the operation of the court recording devices.
In addition to operating the X‐ray screening device and magnetometer, the Court Security Bailiffs screen and search all visitors to the Court and City Hall, respond to security situations within the Court, assist in escorting prisoners, and taking offenders into custody.
Court Security Bailiff’s are also responsible for conducting the booking process on defendants appearing in Court. This process entails the Security Bailiff fingerprinting defendants on an automated fingerprint identification system and transmitting the prints and other vital arrest information to the Ohio Bureau of Criminal Investigation and Identification at Ohio Attorney General’s Office. During 2015, the Court Security Bailiff’s booked 225 defendants.
Each of the Court Security Bailiffs have completed the Bailiff Training Academy at the Ohio Peace Officer Training Academy in London, Ohio and have been trained and certified in unarmed‐self defense tactics, firearms, first‐aid, CPR, use and deployment of oleoresin capsicum (OC) spray, as well as emergency procedures and critical incident management.
Court Security Bailiffs LaTasha Miller, Darby Greene, Noah Timberlake and Daniel Yeager
Service
Bailiff ’s OfficeCourt Deputy Bailiffs also provide vital and statutory services for the Court and the local criminal justice system. The Court utilizes two Deputy Bailiffs for the service of summons, subpoenas and other court papers to the general public. These official notices are served not only on behalf of the Court, but also for the City of Canton Law Department and Prosecutor’s Office. During 2015, the Deputy Bailiffs served 14,638 subpoenas, summons, and other related court notices.
Deputy Bailiffs Gino Millin, Doug Gauze and Walter Campbell
Bailiff’s Office Service Statistics
Activity 2015 2014
Forcible Entry & Detainer 2,848 2,977
Judgment Debtor Exams 68 67
Show Cause, Summons, Fifteen Day Demands
979 961
Small Claims 20 8
Executions 1 4
Sales 0 0
Alias Writs 1,181 1,177
Evictions 909 882
Subpoenas 8,632 9,446
Total Service 14,638 15,522
The Deputy Bailiffs are also responsible for the oversight and supervision of all evictions within the Court jurisdiction. Upon the conclusion of the court hearings and legal procedures during the eviction process, the Deputy Bailiffs serve as legal stewards to gain entry and take possession of the property on behalf of the property owners. During 2015, the Deputy Bailiffs conducted 909 Evictions.
Accountability
Service
Community Service Department
The Community Service Department has developed relationships and inter‐agency agreements with several dozen charitable and non‐profit organizations throughout Stark County, as well as working relationships with various City Departments. The role of the Community Service Department is to screen and place offenders sentenced to community service into these sites to perform volunteer community work service. Offenders are supervised by Court Community Sanctions Supervisors or individual agency personnel or a combination of both while performing community work service.
With jail bed space at a premium and reserved for serious and repeat offenders, the Community Service Department offers the Judges of the Court a community‐based sanction alternative to a jail sentence for non‐violent and first time offenders.
The Canton Municipal Court Community Service Department operates under the philosophy that offenders performing volunteer work service within their community not only serves to repay a wrong or debt to the community, but allows the offender to have a personal investment in the end product of a better community.
Community Service Director
Lindsay Trent
During calendar year 2015, 2,250 offenders were sentenced to 95,755 hours of supervised Community Work Service and completed 73,496 hours or 77% of the hours sentenced. If not for the Community Work Service Program and had those 2,250 offenders been sentenced to jail, they would have accounted for a total of 279,022 jail bed days.
Based on the number of community service hours completed by offenders in 2015, when translated in terms of labor at minimum wage it represents a total of $595,317 of labor services provided to these agencies.
Service
Community ServiceThe Community Service Department also operates its own Road Crew. Offenders sentenced to the Road Crew are directly supervised by the Community Sanctions Supervisors weekdays from 8:00 am to 4:00 pm. While assigned to Road Crew, offenders perform litter control and other basic labor services, as well as lawn maintenance and snow removal at various City properties and for the elderly and disabled within the Court’s jurisdiction.
Activity 2015 2014
Trash Collected (55 Gallon Bags) 3491 3,043
Abandoned Tires Collected & Recycled 2,457 4,595
Lawns Mowed (For Elderly & Disabled Residents) 468 397
Driveways (Snow) Shoveled (For Elderly & Disabled Residents)
256 147
Nuisance Clean‐Ups (For Canton Health Dept. & Code Enforcement)
187 249
Total Debris Removed from Nuisance Clean‐Ups212,200 Lbs.(106 tons)
294,000 Lbs.(147 Tons)
Community Service SupervisorsJennifer Freeman & Joel Simpson
Each of the Community Service Road Crew Supervisors operates a 12 passenger van and equipment trailer that serves as their own self‐contained, clean‐up and maintenance shop. The Road Crew Supervisors work off of a daily schedule of lawn mowing, snow removal and clean‐ups for the City of Canton Code Enforcement and Health Department at locations in the community cited for Code Violations. The Road Crew Staff supervises up to 12 offenders each for two 4 hour shifts daily.
Community Sanctions Officer Agatha Johnson, Community Service Director Lindsay Trent and
Community Sanctions Officer Kelly Vigars
Jury Management
169198
180 180
215
39 32 27 27 35
1 2 0 0 2
87 98 10587
121
42
6648
66 57
0
100
200
300
2015 2014 2013 2012 2011
Total Trials Criminal Jury Trials Civil Jury Trials
Criminal Trials to Court Civil Trials to Court
Justice
Many of the nearly 27,000 cases the Court hears each year have the potential to be decided by a jury trial.
In preparation for that potential, the Jury Coordinator is charged with securing, scheduling, and coordinating an ample jury pool. The Jury Coordinator obtains a random sample of registered voters that reside within the Court’s jurisdiction from the Stark County Board of Elections each week in order to adequately schedule for Jury Duty. The Jury Coordinator then issues a Summons for the prospective juror to be “on‐call” for one week. The prospective juror is instructed to call the automated Jury Line or check the Court’s website each night in order to determine if they need to appear.
The Court sincerely appreciates the jurors appearance for this civic obligation and without their commitment and participation in the process, the justice system as we know could not exist.
Danielle Briggs
Jury Coordinator
Trial Activity by Year
Service
Administration AssistantThe Court Administrative Assistant provides clerical and administrative support to the Court Administrator and works together in nearly all aspects of the Court’s work. The Court Administrative Assistant is responsible for the County and City payroll systems, serves as purchasing agent for the Court, maintains all service agreements and contracts for the Court, coordinates the Court’s foreign language interpreter providers, serves as liaison with the City and County Auditor’s Offices and the Stark County Law Library. Ms. Greco is a 2012 graduate of the Court Management Program through the Supreme Court of Ohio and the National Center for State Courts.Julie Greco
Administrative Assistant
Court Information
Pamela Purses
Bailiff Clerk
Rarely is there a busier place in the Court than the Court Information Office. Besides directing the daily court traffic to their intended destinations, the Bailiff Clerk for Court Information serves as the interface between the Court and Bureau of Motor Vehicles and processes all applications for Limited/Occupational Driving Privileges and ignition interlock orders for defendants with suspended drivers licenses. During 2015 the Bailiff Clerk processed 1,212 applications for Occupational
Driving Privileges.
Accountability
The Supporting CastBehind the courtroom scene, each Judge depends on their own highly trained personal staff to ensure that the events that transpire within Court, do so as efficiently and effectively as possible. These employees manage the daily docket for the Judge, prepare the necessary journal entries and orders, conduct legal research and maintain the orderly flow of cases.
Judge Falvey’s Staff
Judicial Administrative Assistant Dori Christ & Chief Deputy Bailiff Beulah Wesley
Judge Kubilus’ Staff
Judicial Bailiff Jack Jones & Judicial Administrative Assistant Victoria Hess
Judge Poulos’ Staff
Judicial Administrative Assistant Eileen Shetler & Judicial Bailiff Denise Fishel
Judge Werren’s Staff
Judicial Bailiff Morgan Murray & Judicial Administrative Assistant Rhonda Brady
Fugitive Safe SurrenderFrom September 30th to October 3rd, the children's nursery at the Trinity Gospel Temple in Canton was transformed into a makeshift Courtroom where individuals with non‐violent warrants could turn themselves in for favorable consideration. The Ohio Fugitive Safe Surrender Program is an initiative of the Ohio Attorney General’s Office and communities throughout the State that provides individuals with non‐violent arrest warrants to voluntarily surrender in a neutral and safe environment.
Ohio Attorney Mike DeWine announces the Stark County Fugitive Safe Surrender
Program
The Fugitive Safe Surrender Program is aimed to reduce the risk to law enforcement officers who pursue fugitives, to the neighborhoods in which they hide and to the fugitives themselves. Additionally, the Program allows the Court to clear up their dockets. The Program does not provide amnesty to those with non‐violent warrants, rather cancels the warrant in exchange for completing any unfulfilled obligations remaining to the Court
Presiding & Administrative Judge Richard J. Kubilus with Attorney General Mike DeWine
During the 4 day Stark County Fugitive Safe Surrender Program, 404 individuals took advantage of the Program and had their warrants cancelled in exchange for completing any unfulfilled obligations remaining to the Court. More than a dozen social service agencies as well as the Ohio BMV were also present for the 4 day event to provide individuals access to services. Additionally, $18,510.00 was collected in unpaid fines and court costs.
Judge Curt Werren and Court Administrator Michael Kochera
review the docket
Technology InnovationIn June 2015, the Judges were awarded a Technology Innovation Grant in the amount of $51,150 from the Supreme Court of Ohio. The Technology Innovation Grant provided funding for the design and implementation of a digital signage system.
The premise behind the digital signage was to improve access to the courts and court related information as well as improve the flow of traffic and wayfinding for the general public.
Judge John A. Poulos, Judge Mary A. Falvey, Ohio Supreme Court Chief Justice Maureen O’Connor, 2015 Presiding & Administrative Judge Richard J.
Kubilus and Judge Curt Werren.
The digital signage consists of four 55” display panels, integrated with the Court’s case management and docket system. The system provides the general public to the minute docket and courtroom assignments as well as other vital court related information and instructions.
Accountability
2015 Case Assignment & Terminations
0
200
400
600
800
1,000
1,200
1,400
Judge Falvey Judge Kubilus Judge Poulos Judge Werren
1,348 1,323 1,334 1,344
163 159 172 182
6949 53 58
3 1 1 1
1,381 1,3511,382 1,380
153 162 173 180
Criminal Cases Assigned (5,349) Civil Cases Assigned (676)
Criminal Cases Reactivated (229) Civil Cases Reactivated (6)
Criminal Cases Terminated (5,494) Civil Cases Terminated (668)
Warrants on Criminal Cases for Unavailability of the Accused 287
Civil Cases Dismissed for Want of Prosecution 3
2015 Case Clearance Rate 103%
2015 Cases Beyond Time Guidelines 0
2015 Case Activity
34%
24%22%
20%
Traffic Cases (9,181)
Civil Cases (6,576)
Criminal Cases (5,915)
Traffic Violation Bureau (5,379)
27,015 26,761 25,745 27,02730,649
39,547
0
10,000
20,000
30,000
40,000
2015 2014 2013 2012 2011 2010
Total Cases Traffic Cases Civil Cases Criminal Misdemeanor Cases Criminal Felony Cases
Filings for 2015
The Canton Municipal Court serves more than 200,000 residents of central Stark County. The following charts and graphs illustrate the types and numbers of cases filed in the Canton Municipal Court during 2015.
27,051 cases were filed during 2015.
Case Comparison by Year
2015 Case Activity7,737
6,439
5,935
6,912 7,267
6,785
5,760 5,503
2,997
3,542 3,502
3,047
1,321
2,394
1,676 1,561
648 651 730 726
305 344 363 68
284 320 336 431 254 131 181
161
‐
2,000
4,000
6,000
8,000
10,000
12,000
2015 2014 2013 2012City of CantonOhio Highway PatrolStark County Sheriff's OfficePlain Twp. (SCSO)North CantonSandy
2015 Filings by Jurisdiction
*Other jurisdictions with less than 200 filings in 2015Magnolia – 180, Hartville – 125, Waynesburg – 53, East Canton‐39 , East Sparta‐24,
Walsh University‐6 , Ohio Liquor Control‐2,
Case Comparisons
5,158 5,416
4,803 4,215 4,336
665 707 719 654 665
68 104 78 65 78
1,583 1,453 1,379 1,396 1,281
‐
1,000
2,000
3,000
4,000
5,000
6,000
2015 2014 2013 2012 2011Misdemeanor 1 Misdemeanor 2 Misdemeanor 3 Misdemeanor 4
134 173 197133 150
269 295 319 307 267
452405
445406 403
596 571511 532 503
784 781 752 763693
0
200
400
600
800
1000
2015 2014 2013 2012 2011Felony 1 Felony 2 Felony 3 Felony 4 Felony 5
Misdemeanor Charges
Felony Charges
2015 2014Minor Misdemeanors Booked 11,692 10,465Waiverable Minor Misdemeanors Booked 5,129 5,416Unclassified Misdemeanors Booked 1,860 1,570
2015 Criminal & Traffic Division ReceiptsBalance on Hand ‐ 12/31/14 31,146.23State Expungement Cases 10,350.00Natural Resources 550.00Refunds 34,151.32Mayor's Courts 2,423.00County Expungement Cases 6,756.00State Rep/Victims of Crime 120,758.97DB of Pharmacy/Mandatory Drug Violations 16,050.00Stark County Treasurer 0.00Sheriff of Stark County ‐ Sheriff Fees 15,173.39Indigent Defense/Public Defenders Fund 282,479.72Advanced Reparations & Defender Fund ‐64.00Seatbelt Violations 67,782.00Restitution/Probation 72,012.57CP Costs ‐ Stark County Clerk of Court 10,311.33House Arrest and Detention 2,738.04Board of Health 1,301.00Municipal Probation Service 291,949.73Child Restraint/Safety 2,378.00Overages 415.86Advance Deposits 160.00Alcohol Monitoring 10.00Bonds 242,727.07Bond Fee 25,838.23City Fines 67,817.21City Costs 1,518,142.74Capital Improvement/Special Project Fee 293,730.37Crime Lab Costs 2,842.00Collections ‐ Capital Recovery Systems/CBSC 177,445.55Guardian Interlock 170.00State Highway Patrol ‐ Fines 308,717.50Indigent Driver Alcohol Treatment 1,619.85Indigent Fee 1,609.00BMV Fee 733.70Legal Research 51.00Moving Violations 111,953.51Sheriff's Receiving/Discharge Fee 16,192.70State Cases ‐ Fines 421,868.20State Costs 0.00Telecomputer Business Service ‐ Collections 6,556.35Tech Fees 147,985.35Cigarette Taxes/Fines 200.00Liquor Law Violations 6,152.92Witness Fees 3,386.54NSF's Uncollectible (C2) 0.00
SUBTOTAL RECEIPTS 4,293,426.72
TOTAL RECEIPTS AND BALANCE FORWARD 4,324,572.95
2015 Criminal/Traffic Division DisbursementsTREASURER, CITY OF CANTON, OHIO40% State Highway Patrol Fines 81,305.82 40% Highway Forfeitures (M07) 0.00 City Forfeitures 0.00 Cash Receipt Overage 415.86 City Cases ‐ Costs 1,518,142.74
Less: Law Library (3,938.06)City Cases ‐ Fines 66,843.71
Less: Law Library (4,849.00)Convenience Fee 0.00 GPS Costs 0.00 Indigent Driver Alcohol Treatment S1 14,725.04 Indigent Driver Alcohol Treatment HP 14,142.50 Indigent Driver Alcohol Treatment C1 234.00 Indigent Drive Alcohol Treatment from Mayor's Courts 1,619.85 Municipal Probation Service 291,949.73 Computer Fees 147,985.35 Legal Research 51.00 Capital Improvement/Special Project Fee 293,730.37 Crime Lab Costs 2,842.00 Ingnition Interlock 20,448.00 Ingnition Interlock 13,449.62 Alcohol Monitoring Fund 0.00 Guardian Interlock 170.00 Indigent Drivers Treatment Fund 16,792.96 Prisoner Treatment Fund S1 5,308.00 Prisoner Treatment Fund HP 11,981.90 Prisoner Treatment Fund C1 32.50
SUB TOTAL 2,493,383.89
TREASURER, STATE OF OHIO50% State Highway Patrol Fines 101,396.4850% Highway Forfeitures 0.00Victims of Crime/State Reparations 120,758.97General Revenue 282,479.721/2 Liquor Law Violations 3,076.46Child Restraint/Safety 2,378.00State Expungement Cases 10,350.00Indigent Defense 23,530.04Indigent Defense 34,215.40Indigent Defense Support Fund 95,160.55Seatbelt Violations 67,782.00Bond Fee 25,838.23Law Enforcement Education Fund 11,523.22Drug Law Enforcement Fund 350.10Alcohol Monitoring 10.00HP Forfeitures Law Enforc Educ Fund HP 0.00Guardian Interlock 0.00BMV Fee 383.60
SUB TOTAL 779,232.77
TREASURER, STARK COUNTY, OHIO10% State Highway Patrol Fines 20,300.2610% Forfeitures (M07) 0.00State Cases ‐ Forfeitures 0.00State Cases ‐ Fines 312,114.62Indigent Fee 1,609.00Witness Fees 3,386.541/2 Liquor Law Violations 3,076.46House Arrest and Detention 2,738.04Expungement 6,756.00DUI Prisoner Housing S1 12,097.38DUI Prisoner Housing HP 13,403.92DUI Prisoner Housing C1 507.00Commissioners Fund 0.00
SUB TOTAL 375,989.22
2015 Criminal/Traffic Division DisbursementsMAYOR”S COURT DISTRIBUTIONVillage of Waynesburg 250.00Village of East Canton 50.00City of North Canton 430.00Village of Magnolia 409.00Village of East Sparta 385.00Village of Hartville 785.00City of Louisville 88.00Sandy Township 0.00
SUB TOTAL 2,397.00
BOARD OF PHARMACYMANDATORY DRUG VIOLATIONDISTRIBUTIONOhio Board of Pharmacy 3,556.00City of Canton Police Department 5,119.00Ohio State Highway Patrol 3,908.00Stark County Sheriff 851.00Township of Lake paid to Uniontown PD 255.00City of North Canton 300.00Village of East Canton 0.00Township of Plain paid to Stark County Sheriff 627.00City of Louisville 125.00Liquor Board of Pharmacy 0.00Village of Magnolia (Sandy) (East Sparta) 1,259.00Village of Waynesburg 0.00Village of Hartville Police Department 50.00SUB TOTAL 16,050.00
TOWNSHIP DISTRIBUTIONPlain Township 10,593.25Lake Township 3,212.30Sandy Township 2,829.45Pike Township 0.00Stark County Law Library 16,635.00
SUB TOTAL 33,270.00
LAW ENFORCEMENT EDUCATIONFUND DISTRIBUTIONCanton Police Department (S1) 1,693.50Canton Police Department (C1) 200.00Village of East Sparta (S1) paid to Magnolia Police Department 110.00East Canton Police Department (S1) 265.00Waynesburg Police Department (S1) 86.00Hartville Police Department 125.00Louisville Police Department (S1) 1,123.00North Canton Police Department (S1) 1,270.00Stark County Sheriff (S1) 717.00Plain Township (S1) paid to Stark County Sheriff 1,047.00Lake Township (S1) paid to Uniontown Police Department 410.00Sandy Township (S1) paid to Magnolia Police Department 553.00Pike Township (S1) paid to Stark County Sheriff 0.00
SUB TOTAL 7,599.50
2015 Criminal/Traffic Division DisbursementsOTHER DISBURSEMENTS
Advanced Reparations & Public Defender Fund 64.00Board of Health City of Canton (M31) 155.00Board of Health Stark County (M31) 1,146.00Capital Recovery Systems 85,604.50Credit Bureau of Stark County Inc 91,841.05Department of Natural Resources 550.00Sheriff Fees 15,173.39Sheriff's Receiving/Discharge Fee 16,192.70Telecomputer Business Service 6,556.35Stark County Law Library 4,849.00Stark County Law Library 3,938.06CP Costs ‐ Stark County Clerk of Court 10,311.33Cash Bonds 233,810.07Advanced Deposits 80.00Refunds 34,151.32Restitution/Probation 72,870.30AOD Reimbursement/Stark County Treasurer 0.00Ohio Department of Taxation/ Cig Tax 200.00
SUB TOTAL OTHER DISBURSEMENTS 577,493.07
SUMMARY OF DISBURSEMENTSTreasurer, State of Ohio 779,232.77Treasurer, Stark County, Ohio 375,989.22Treasurer, City of Canton, Ohio 2,493,383.89Mayor's Court 2,397.00Ohio Board of Pharmacy Distribution 16,050.00Township Distribution 33,270.00Law Enforcement Education Fund 7,599.50Other Disbursements 577,493.07
TOTAL DISBURSEMENTS 4,285,415.45
2015 Civil DivisionDisbursementsReceipts
Previous Balance on Hand 12/31/14 70,608.52
Garnishment Fee 788.00Excess Costs 6,642.80Advanced Court Costs 2,775.78Jury Demand 10,800.00Sheriff Fees 646.33Towing and Storage 0.00Bonds 0.00Motions 701.00Money Released to Defendant 0.00Legal Aid 53,635.66Set Up Cash Drawer 150,454.94Overage 0.00Advertising 0.00Appraisers 0.00Bankruptcy 0.00City Costs 12,337.68Convenience Fees 0.00Court Fees 0.00Capital Improvement 665,595.08Full Claim 88,591.95Judgment Administrative Fee 0.00Judgments 22,974.35Marriage Fees 2,321,975.52Pre‐Paid 4,875.00Rec/Dis Fees 89.00Rent Escrow 0.00Computer Fees 25,320.00Unredeemed Checks 76,482.19Witness Fees 0.00Eviction Deposit 0.00Other 0.00Unreconciled Amount 0.00
SUBTOTAL RECEIPTS 3,444,685.28
TOTAL RECEIPTS AND BALANCE FORWARD 3,515,293.80
Garnishment Fees 788.00Excess Costs 6,497.54Advanced Court Costs 2,091.25Jury Demand 4,200.00Sheriff Fees 766.33Eviction Deposit 0.00Towing and Storage 0.00Bonds 0.00Motions 0.00Money Released to Defendant 55,911.98Legal Aid (99%) 148,950.39Legal Aid (1%) 1,504.55Set Up Cash Drawer 0.00Overage 0.00Advertising 0.00Appraisers 0.00Bankruptcy 12,337.68Court Fees 665,595.08Reimbursements From Court Fees 0.00Capital Improvement 88,591.95City Costs 0.00Convenience Fees 0.00Full Claims 0.00Judgment Administrative Fee 22,974.35Judgment 2,367,387.37Marriage Fees 4,875.00Pre-Paid 167.00Rec/Dis Fees 0.00Rent Escrow 30,222.00Computer Fees 76,482.19Unredeemed checks 0.00Witness Fees 0.00Other/NSF Recovery 0.00Unreconciled Amount 0.00
SUBTOTAL DISBURSEMENTS 3,489,342.66
CIVIL CURRENT BALANCE ON HAND 25,951.14
The Canton Municipal Court
JUDGESHonorable Mary A. Falvey 330.438.4205 [email protected] Richard J. Kubilus 330.438.4203 [email protected] John A. Poulos 330.438.4202 [email protected] Curt Werren 330.438.4226 [email protected]
MAGISTRATESJeremy J. Foltz 330.438.4218 FAX: 330.489.3269Derek C. McClowry 330.438.4216 [email protected]
COURT ADMINISTRATORMichael E. Kochera 330.438.4231 [email protected]
STAFF ATTORNEYAndrea Scassa 330.438.4209 [email protected]
ADMINISTRATIVE ASSISTANTJulie A. Greco 330.438.4210 [email protected]
COMMUNITY SERVICE DIRECTORLindsay A. Trent 330.438.4214 [email protected]
CHIEF OF PROBATIONLauren Kelly 330.438.4228 [email protected]
COURT INFORMATION OFFICEPamela Purses 330.438.4200 [email protected]
CLERK OF COURTPhil G. Giavasis 330.489.3203 [email protected]
CHIEF DEPUTY CLERKKody Gonzalez 330.489.3203 [email protected]
CHIEF FISCAL OFFICERPatrick A. DeOrio 330.438.4232 [email protected]
ADMINISTRATIVE ASSISTANTEmma George 330.438.4254 [email protected]
CRIMINAL DIVISION SUPERVISORPaula George 330.489.3207 [email protected]
CIVIL DIVISION SUPERVISORLydia Lewers 330.489.3203 [email protected]
www.cantoncourt.org
Canton City Hall * 218 Cleveland Avenue, South * Canton, Ohio 44702
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