By Sherry Larson
People’s Defender
The People’s Defender recently learned about HB 283, a bill “To amend sections 2151.07, 2301.02, and 2301.03 of the Revised Code to add a judge to the Adams County Court of Common Pleas, who shall be designated as the judge of the court’s Probate and Juvenile Division, and to declare an emergency.” Indeed, one would expect the presiding Judge of the Common Pleas Court, Judge Brett Spencer, who was re-elected in 2022 after serving 18 years in his seat, to know what his court needs and does not.
State Representatives Justin Pizzuli and Jean Schmidt sponsored the bill. On October 25, Pizzuli and Schmidt testified at the bill’s first hearing. Pizzuli named the current Adams County Commissioners, saying they “have diligently prepared for this vital expansion over the past several years.” Both Pizzuli’s testimony and Commissioner Diane Ward insisted that Judge Spencer wanted to add another judge to the Common Pleas Court based on a committee formed to examine the possibility in 2010, which dissolved in 2011. Thirteen years later, Pizzuli and Ward asserted that Spencer still wanted to add a new judge. One problem – they didn’t ask Judge Spencer.
The Honorable Judge Spencer spoke to the People’s Defender about his thoughts on HB 283, saying his three primary questions are: “Why and why now? What’s the big secret about this new judgeship? And how much will this cost the hardworking taxpayers of Adams County?
Judge Spencer said, “This acknowledgment of what the commissioners and State Representatives presumably are attempting came as a surprise when the Supreme Court of Ohio called me and wanted to talk to me about logistics and cost of this second judgeship that ‘I was requesting and supporting.’ I had to explain to them that I didn’t know anything about it. And I certainly was not in support of this.” He added, “It not only surprised me but also shocked the Supreme Court.”
Judge Spencer has reason to believe this additional judge plan was politically motivated. He explained to the Supreme Court that he was fortunate to be elected to continue his position as Adams County Common Pleas Judge with jurisdiction over probate, juvenile, and domestic relations. He considered that HB 283 was an attempt to have his former opponent, a County Commissioner, elected to the newly added seat.
Researching Pizzuli’s contact information, Judge Spencer quickly contacted him and left a message about his call from the Supreme Court. Spencer explained that after receiving the letter from Pizzuli suggesting that Judge Spencer was in favor and supporting the new judgeship, the Supreme Court had contacted him to clarify. Judge Spencer’s message to Pizzuli communicated that he was not in support of adding a judge to the Common Pleas Court, and he was unsure where Pizzuli had gotten this misinformation. Spencer left his personal and professional contact information and did not receive a reply. After receiving another call from the Supreme Court, Spencer contacted Pizzuli again and was waiting for a response. After about three weeks, Pizzuli called the court and left a message. Judge Spencer returned the call within 10 minutes. At the time of this interview, Judge Spencer has yet to speak to Pizzuli. Spencer stated, “He’s never come to the courthouse to speak to me or to visualize the operations of our various aspects of the court.” Spencer explained that Pizzuli had not reached out to speak with court staff, looked at their budget or Supreme Court statistics.
In her testimony, State Representative Jean Schmidt said, “I have remained in contact with numerous county elected officials and can tell you that local leaders believe that it is time for a second common pleas judge.” However, former State Representative Brian Baldridge, also on the committee formed in 2010, never sponsored a bill to add a new judge in his time as Representative, although Pizzuli reported that he was among those “continuing to make change.”
Representative Pizzuli was appointed to the House on May 19, 2023, in what the Scioto County Daily News called “a firestorm of controversy.” In September of this year, he announced his campaign to retain his seat. Judge Spencer is skeptical that Pizzuli would have known about the committee formed in 2010 without someone readily offering that information, and, in the process, Pizzuli needed to confirm and clarify all the pertinent details. Pizzuli failed to mention in his testimony that the committee formed in February of 2010 was due to the Common Pleas Court addressing all its duties, including an all-time high criminal docket of 396 cases – this in the throes of the opioid crisis. Spencer said, “Every case was tried in time. No case we’ve ever had – had to be dismissed for being out of time, constitutionally or statutorily. Not one ever in any division.”
History is crucial here. Judge Spencer continued to explain that in 2010, it was unknown whether the opioid crisis would subside. Another county in Ohio, which had only one Judge, had requested a second Common Pleas, probate, juvenile court Domestic Relations Judge, with both judges capable of covering everything. The 2010 committee was formed to discuss adding another judge in Adams County. Funding was an issue. And in 2011, the number of deaths caused by opioids reduced from 26 in 2010 to one. The committee dissolved. The Defender spoke with former Commissioner and committee member Roger Rhonemus, who said, “As far as I know, we didn’t have any more meetings about adding another judge.” But Rhonemus added he would need to check the minutes. He explained it was not financially feasible and said, “I respect Judge Spencer and his abilities.” Spencer credits the opioid death decrease much to the “prosecution and firm penalties that were imposed.” The Opioid Symposium in Columbus highlighted Adams County regarding how they handled the crisis.
Judge Spencer suggests that if Pizzuli or Schmidt had contacted the Ohio Supreme Court, they would have known the reporting he and his court must file monthly. Those reports indicate that most overtime cases are due to parents in juvenile court showing up under the influence of illegal substances, and a hearing cannot be conducted. He stated, “It’s no issue regarding capabilities or availability in our court system. And if they would point out a case, we’d gladly pull out any case and show them the various notes. Everything I do is on record. Everything I do is in a documented file.”
On Monday, November 6, Commissioner Diane Ward said at the Commissioner’s meeting, “Judge Spencer wanted this additional judge, and it’s all in our minutes from 2010.” She explained that the budget constraints prevented adding a second judge. Ward continued, “This situation isn’t getting any better – it’s getting worse.” She said that Judge Spencer was aware that the request for a second judge might be considered in the future should the budget allow. When asked if the Commissioners had been in touch with Judge Spencer regarding their preparations for adding a new judge, Ward answered that she had hand-delivered a letter to Judge Spencer in June of 2021 and later clarified that she had given it to someone in his office. The letter referenced the abandoning of the Judge addition in 2010. She wrote, “The topic of additional Judge was recently brought up again, and I am interested in your (Judge Spencer’s) opinion. I am unable to tell you, at this time, if funding will be a determining factor, but I am open to discussion.” She said that Judge Spencer did not respond.
When asked about the “emergency” of HB 283, Ward said, “It’s to get someone on the ballot.” She said no one would be appointed before the election, meaning the primary in March 2024 and the General Election in November 2024. She said, “We wanted it to be fair. That way, if each party had a person they wanted to put in, they could do so.” Regarding an emergency, Ward also said she’s “been told” there is a backlogged docket. She articulated a concern regarding the rate of children’s cases escalating from 2010. She said, “There’s a catastrophic situation going on right now because of the children. And I feel it is catastrophic to the courts.” The Defender asked, “Has anyone approached Judge Spencer about this now?” Ward referenced her letter in June 2021 and replied, “This situation isn’t getting any better.”
Commissioner Barbara Moore discussed the number of children in Children’s Services temporary custody. She said we are neck and neck with Clermont County, which has over 200,000 people. She said, “That’s outrageous.” Former Commissioner and Adams County Republican Chair Ty Pell told the Defender that he had not discussed this new judgeship with the current Commissioners. He said, “Through my six years there, we had different discussions.” Pell also shared that they did “hear” about court backlogs. He said, “I’m not involved in the court. I never tried to micromanage Judge, his staff, or anything else he does. He handles his business the way he sees right. We gave him the funds to do what he needed to do.”
Ward and Pizzuli referenced a study done by the Supreme Court earlier this year. The study showed that Adams is one of four counties in Ohio to have one Judge. Pizzuli’s testimony said, “Our community deserves more.” Ward echoed, “We need to be serving our people in our area like the other 84 counties.”
So, is another judge crucially needed in Adams County, and who will pay for this additional Judge?
The court is busy. Judge Spencer said, “Undoubtedly, we’ve been faced with a lot more in juvenile court. I will tell you, we’re fine. I have an incredibly well-trained, hard-working staff that is very experienced in all these matters.” He believes it’s odd that the Commissioners have yet to reach out to see how the courts are doing. He said, “By the records (maintained by the Supreme Court), we’re doing very well.”
Ward believes that a new judge is needed and is now fiscally possible. She said, “In 2019, we had a permissive sales tax that came from the hospital.” This tax was transferred to the Commissioners, giving them additional revenue. She continued, “Plus, we have reassessed property tax values, which has given us additional revenue. So, we have sufficient funding now for the additional Judge and staff members. And we have space.” The Defender asked how much revenue there was to support this venture. Ward answered, “About 10 million from 2010.”
Ward clarified that some of this money has been given to help support Children’s Services. In a follow-up note to this interview, Ward reported, “We have given CSB $552,000 cash from County General and $127,000 in Opioid lawsuit funding this year to date. We will be transferring additional funds later in November and December.” She shared that the Commissioners had a $6.5-million-dollar carryover in their working budget last year, but she was unsure what it would be this year.
Taxpayers will still have to fund a portion of the pending judgeship. Ward explained that the state would pay around 90% of the salary. Legistlature.ohio.gov lists Adams County local costs at $5035 in 2025, which will increase yearly for a new judge’s salary—the Commissioner’s minutes from February 22, 2010, estimated an extra cost of $155,000 for an additional court recorder, bailiff, and personal secretary/assignment commissioner. By today’s calculations, legislature.ohio.gov states, “In addition to judicial pay, Adams County may incur costs to hire additional staff and provide additional resources for a second judge, including a courtroom, office, and equipment. Adams County officials estimate ongoing personnel costs of approximately $250,000 per year for additional staff to include an additional bailiff and general office staff. As of this writing, the county does not have a cost estimate for additional courtroom space or equipment should those resources be needed.”
Adams County constituents re-elected Judge Spencer to his seat as Common Pleas Court Judge in November of 2022. This court has jurisdiction over the General Division, Domestic Relations Division Probate and Juvenile Court, and the Probation Department. HB 283 would impart the Probate and Juvenile Division to the newly added Judge if enacted. Would Judge Spencer get his choice of which divisions he would preside over? Commissioner Ward believes that would be decided by The Ohio Supreme Court but clarified that HB 283 indicates a separation of the Probate and Juvenile Court from the Court of Common Pleas.
Ward testified in Columbus at the November 8, 2023, hearing regarding HB283. She said, “The time for debate has ended, and the time for action is upon this Board and the State Legislature.” Representative Brian Stewart, a Republican from District 12, responded by sharing a report the sponsors of HB 283 received from the Ohio Supreme Court that stated, “The court’s total number of cases has remained largely unchanged since 2013 through 2022. Criminal and Civil Cases have declined substantially.” Stewart said, “Every one of these charts seems to indicate that caseloads are actually going down compared to a decade ago.” Ward answered that she had not seen that report and again referenced the committee formed in 2010. She said, “Several attorneys have come to me and said, ‘Can we please get an additional judge – that would help us tremendously.’ And that’s why I’m here today.”
Visit Ohiohouse.gov Ohio House Civil Justice Committee 11-8-2023 to view the hearing. The House Civil Justice Committee will further consider House Bill 283. Opponent testimony and a vote may happen before this article goes to print. Reference Ohiohouse.gov for Representatives’ contact information to share comments or concerns.
Judge Spencer has several ideas of how the carryover monies could be better spent, particularly in creating jobs. He said, “Unless you say this is job creation – creating a job for a colleague – creating a job for six or eight of their best friends. But the taxpayers will pay for it instead of creating jobs that will pay taxes to us. It just seems like we’ve lost sight of what the responsibility is of legislative authority and this game of darts that they want to throw at this top floor of the courthouse – it just makes no sense. It’s not productive.”
If this legislation passes, it would also jeopardize employees of the court should a new judge decide to replace them. Up to eight families could be affected by loss of income, health insurance and loss of retirement benefits.
Judge Spencer recognizes the crisis and cost that Child Protective Services is experiencing. He said, “Somehow, it’s being extrapolated that their crisis creates a crisis for the court. It simply does not. We are prepared to and do handle every case.”
“This will be the first time in Ohio that a judge gets elected, and they strip him of what the elected vote was,” said Spencer. “If they try to reduce what the people elected me to do for this term, I will fight it.”
Judge Spencer concluded, “I’m not trying to be oppositional or territorial. Where my concern is – is this rush, this secrecy? Start a committee tomorrow – table this. I don’t even have to be a part of the committee. But let’s look at the facts. Do a feasibility and sustainability study and a total cost analysis – a five-year plan.”
The People’s Defender reached out to Representatives Pizzuli and Schmidt more than once for comment. The Representatives have yet to respond with any comments.