Judges turn off taxpayers with demands for money

As we contemplated the doomsday scenarios offered by Mahoning County officials should voters say no in May to renewing a half-percent sales tax, we were reminded of a statement from Probate Judge Mark Belinky, who had filed a judgment entry in March ordering the commissioners to provide him with an operating budget he considered reasonable:

“The court is mindful of the downturn in the national economy. The impact on the local economy is less certain,”

We wonder what financial tea leaves Judge Belinky was reading.

His subsequent lawsuit against the commissioners, who insisted the county could not afford to give him any more than $694,833, had the desired effect.

The commissioners threw in the towel in August and increased Belinky’s funding by $200,000 — to $894,322. Last year, the probate court spent $762,859 from the general fund.

In April, all five judges of the Common Pleas Court general division signed a judgment entry in which they demanded $2.39 million. The commissioners had allocated $2.1 million for the court, which spent $2.35 million in 2008.

As of August, Judge Lou D’Apolito, the presiding judge of the general division, was expressing confidence the commissioners would give in to the court’s demands.

Asked if he and his colleagues would follow Belinky’s lead and file a lawsuit against the commissioners, D’Apolito replied, “I’m not even going to speculate because I really believe that they will pay it. They will provide the funding.”

Fast forward to last Tuesday’s general election in which Mahoning County residents were asked to renew the half-percent sales tax. They not only said no, but did so by a margin of more than 9,000 votes.

Thus, the doomsday scenarios from Administrator George Tablack and others.

To be sure, there are several explanations for the sales-tax issue’s failure, including the decision to make it permanent, instead of having voters renew it every five years.

Hammer

But, the willingness of some judges to use the judgment entry as a hammer to get what they want from the commissioners has become a point of contention for many taxpayers.

We have long warned the courts that their dictatorial attitude is counterproductive to county government’s financial well-being.

And, we have harshly criticized the Ohio Supreme Court for reaffirming the divine right of judges when it comes to funding for their courts.

As Tuesday’s vote clearly illustrates, taxpayers aren’t fools. They know that more than 80 percent of government’s operating budget goes for salaries and benefits, and so they make their opinions known through their vote.

As for Judge Belinky’s victory over the commissioners, we would urge him to ponder the following:

The budget commission estimated that the two half-percent sales taxes would generate $28 million this year; Administrator Tablack projects that the final take will be $26 million.

The commission estimated the county would earn $4 million in interest this year; Tablack believes it will be $1.7 million to $1.9 million less.

The commission set a target of $59.4 million for the total general fund revenue this year. The target will be missed.

It isn’t hard to contemplate the fiscal devastation that will occur if the sales tax is not renewed in May.

Commissioners Anthony Traficanti, David Ludt and John McNally may decide to keep the five-year term, rather that attempt to make the tax permanent.

But it would be a mistake for county officials to ignore other concerns taxpayers have about the operation of government, including the unequal application of wage cuts, higher health-insurance premium co-payments and layoffs.

And when one branch of government, the courts, seems to live in a financial world that doesn’t exist in the private sector, taxpayers revolt.

These days, the only good judgment entry by the courts would be one that reads, “Give us less money than we spent last year.”