Costs and Fines:  For two years the Law Office of the Public Defender has been litigating the lawful method courts may use to collect costs and fines from the indigent.  Many courts were failing to give credit against the assessed fines for days spent in jail leading to a never ending cycle of increasing costs and fines and repetitive arrests, perhaps over nothing more serious than jaywalking.  This was all at a tremendous cost to the taxpayers and very little was collected compared to the amount spent using the jail as a monetary collection tool.  Many courts were also holding people in direct contempt of court for failing to pay fines or costs, essentially imposing jail for an inability to pay.  The Ohio legislature has forbidden these practices for years under O.R.C. 2947.14.  After nine successful appeals by this office, some courts are now terminating many of the illegal warrants that exist.

Jail Overcrowding:  The Jail, after undergoing a renovation to add new beds, is once again overcrowded.  Is crime getting worse?  No.  FBI statistics have indicated dropping crime rates here and throughout the country.  Rather than to continue to build new beds, the justice system needs to look at who is in jail and why.  When one examines the jail population there are two large groups that are discernible.  Those that are in jail for non-violent, non-theft offenses - administrative offenses - make up the first group.  Driving without a license, for example.  They did not drive poorly or illegally or cause anyone any harm, they simply do not have a driver's license because they could not afford insurance.  Surely there are more effective ways of addressing this problem than taking someone's freedom - it was an administrative violation, let the administrative agency choose a remedy. The second group is composed of those inmates who are simply waiting.  Much of going to court is waiting for court.  Waiting for an entry.  Waiting for transport.  This time spent waiting should be shortened and handled efficiently as possible.  Termination entries should be issued in the courtroom.  Jail time credit should be calculated at the time of sentencing.  No one should ever be held in jail without an 'out date' or a 'next court date', too many people are waiting for a hearing that has not even been scheduled - just arrested and waiting.

Moraine Mayor's Court:  The Moraine Mayor's Court has no court stenographer, it refuses to record its proceedings, and the public is too far away to hear anything.  Public access to the court is only viewable - all picture, no sound.  It is not that they do not have a recording system, court is held in council chambers  and the council meetings are recorded weekly.   Justice Pfeiffer of the Ohio Supreme Court stated:  "Admittedly, the age-old puzzler "If a tree falls in the forest and no one is around, does it make a sound?" defies an easy answer. However, the question facing us today, "If a public trial doesn't make a sound, is it still a public trial?" is not so vexing. It demands a simple answer: No. Accordingly, I dissent . . . . Without the public being able to hear the proceedings, the mayor's court proceedings are not as effective in checking potential abuse of power, assuring testimonial veracity, providing access to possible material witnesses, or imparting knowledge of government functioning."  In an interesting twist, the voters of Moraine have recalled the Mayor.  Perhaps whoever replaces Mr. Rosencrans will see the value of having a public court.