She and fellow Family Court Judge Brett Gilbert took the unusual step of sending a letter asking county commissioners to hire an additional prosecutor, reflecting a statewide issue faced by local governments as they seek to balance tighter budgets with the need to keep courts running efficiently.
The family court frequently deals with cases involving children that must be resolved quickly, Reisinger said, and the low-staffing has made it difficult to schedule timely hearings.
County prosecutor’s offices statewide are facing similar issues, said John Murphy, executive director of the Ohio Prosecuting Attorney’s Association.
“It’s a fairly common problem these days, unfortunately,” Murphy said.
Statewide there are no clear guidelines on how many prosecutors a county should have because each county’s situation varies, Murphy said.
Although the Ohio Prosecuting Attorney’s Association doesn’t keep statistics on staffing issues, he has heard of several cases across the state in which prosecutor’s offices have cut staff.
Champaign County is finalizing its budget for next year, and commissioners haven’t discussed the issue in detail, County Administrator Andrea Millice said. However, they will likely consider the request in the next week or so.
The Champaign County commissioners required each county agency to trim 2.5 percent of its budget in 2010 due to financial difficulties ranging from the recession to state budget cuts and prisoner overage fees at the Tri-County Jail. As a result, Champaign County Prosecutor Nick Selvaggio laid off one of three assistant prosecutors.
Since then, Reisinger and Gilbert said it has become increasingly difficult to schedule hearings with only two assistant prosecutors available.
The prosecutor and two assistants are responsible for covering three courts, as well as other duties, including providing legal services and advice to county and townships officials. For example, prosecutors represented the county during a state review in Columbus for the proposed Buckeye Wind Project. Those hearings lasted nearly a month, pulling Selvaggio and one assistant away from other duties.
The judges’ letter to the commissioners isn’t a criticism of the prosecutor’s office or county commissioners, Reisinger said. But the increased workload means prosecutors have been stretched thin, she said, and some case loads have increased.
Delinquency, unruly and traffic cases in the family court have remained fairly consistent in the past four years, but Reisinger noted the number of abuse, neglect and dependency cases spiked 40 percent in the past year. The court handled 120 such cases in 2009 and 128 in 2010. The caseload fell to 118 in 2011, but spiked to 169 this year.
It’s not clear what caused such a significant increase this year, she said, but the judges are concerned that it will be even more difficult to schedule hearings if the trend continues.
Juveniles charged with delinquency or unruliness need to face hearings shortly after committing their alleged offenses, Reisinger said. If hearings aren’t scheduled quickly, it can be difficult for juveniles to make the connection between their actions and the subsequent punishment.
Unlike a criminal court, where the purpose is to punish convicted suspects and protect the public, family court aims to rehabilitate juveniles. While it could mean time in juvenile detention, it could also mean counseling, community service, mentoring or other options.
The court also has strict time limits with Children’s Services cases that involve abuse and neglect. Those cases must include a hearing and a final decision within 90 days of a complaint being filed. While the county hasn’t missed any of those deadlines, Reisinger said, some cases have come close.
“In the meantime, we have children in kind of limbo,” Reisinger said.
Champaign County Commissioner Bob Corbett said the issue will be given consideration in budget talks. The challenge, he said, is making sure county offices have the resources needed to operate, despite a budget that has remained stagnant in recent years.
“We usually try very hard to work things out rather than fighting them out,” Corbett said.
Area prosecutors have found various ways to pay for the resources needed to keep cases moving through the court system.
Although the recession didn’t affect the number of assistant prosecutors in Logan County, the office didn’t fill a support position that handles much of the office’s paperwork, said William Goslee, Logan County prosecutor. Aside from Goslee, the office employs three assistant prosecutors. The county’s population is similar to Champaign County.
Goslee’s office has an agreement with Logan County Children’s Services, in which that agency covers the cost of an assistant prosecutor through its levy to handle children’s services cases.
In Madison County, the office includes four assistant prosecutors to handle common pleas, juvenile and child services cases, tax foreclosures and municipal court, said Stephen Pronai, Madison County prosecutor. Unlike Champaign County, his office is responsible for municipal court cases, which he said can pile up because I-70 and I-71 pass through the county.
“Sometimes we’re wiped out and sometimes it’s not so bad,” Pronai said.
Clark County, which has a much higher population, has 14 assistant prosecutors, Clark County Prosecutor Andy Wilson said. Along with securing grant funding that supports some of his office’s expenditures, Wilson said his office has a good relationship with the Clark County commissioners and hasn’t faced some of the funding issues that have impacted other counties.
His office also has an agreement in place with the Clark County Department of Job and Family Services so that agency covers the cost for an assistant prosecutor dedicated to handling cases that arise in that agency.
“We’re very fortunate we have been able to work with the commissioners and different agencies we support,” Wilson said.
Reisinger acknowledged there is only so much money available in the budget, but is hoping to work with the prosecutor and commissioners to find a solution.
“The commissioners, the prosecutors office and the judges have always worked closely together,” Reisinger said. “All we’re trying to do is make sure the system works, all of us.”
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