2012 Annual Report - Canton Municipal Court

Canton Municipal
Court
2012 Annual Report
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
The Canton Municipal Court Annual Report
for 2012 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.
Table of Contents
Letter to Canton City
Council & The Stark County
Board of Commissioners
Community Service
Department
Page 2
Jury Management
Jurisdiction & Organization
Page 22
Page 3
Judges of The Canton
Municipal Court
Page 4 – 7
Page 20 – 21
Administrative & Support
Staff
Page 23 – 24
Clerk of Court
Combined Judges Report,
Statistics & Analysis
Page 8
Page 25 – 29
Court Administrator
Criminal/Traffic Division
Financial Statement
Page 9
Magistrates
Page 10 - 12
Probation Department
Page 13 – 16
Polaris Program
Page 17
Bailiff’s Office
Page 18 - 19
Page 30 – 33
Civil Division Financial
Statement
Page 34
Court Contacts
Page 35
JUDGES
MAGISTRATES
Honorable Mary A. Falvey
Jeremy J. Foltz
Honorable Richard J. Kubilus
Honorable John A. Poulos
Derek C. McClowry
COURT ADMINISTRATOR
Honorable Stephen F. Belden
Michael E. Kochera
March 29, 2013
CANTON CITY COUNCIL
CITY OF CANTON, OHIO
BOARD OF COUNTY COMMISSIONERS
STARK COUNTY, OHIO
Dear Council President, Honorable Members, and Honorable Commissioners;
On behalf of 2012 Presiding & Administrative Judge Richard J. Kubilus, Honorable Mary A. Falvey,
Honorable John A. Poulos, Honorable Stephen F. Belden and Clerk of Court Phil G. Giavasis, I take
this opportunity to present our Annual Report for 2012. 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 2012.
In closing, on behalf of the Judges of the Canton Municipal Court, I would like to thank you for your
continued cooperation and support.
Respectfully,
Michael E. Kochera
Michael E. Kochera
Court Administrator
The 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 elected 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. 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 nearly 30,000 cases annually.
Judge 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 1992
through 2000. 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 is
one of two Judges presiding over the Mental Health
Court docket through the Canton Municipal Court
Polaris Program.
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.
Judge 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 laude
from 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.
Canton 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 Poulos
went 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 Poulos
successfully 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, member of the Stark County Community Corrections Planning Board,
Subcommittee on Community Service and the 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.
Judge John A. Poulos is a member of St. Haralambos Greek Orthodox Church, member of
the Canton McKinley Alumni Association, a member of the City Fitness Club and a member
of the Canton Ex-Newsboys’ Association.
Judge Poulos is married to the former Janine Sue Richardson, who is a licensed practical
nurse and a graduate of Glenwood High School.
Judge Stephen F. Belden has been a Judge of the
Canton Municipal Court since January 3, 1997. Prior
to his service with the Court, he was a partner with
Vogelgesang, Howes, Lindamood & Brunn in Canton,
specializing in civil litigation. From 1983 to 1987,
Judge Belden was a partner with Belden, Fogel &
Kauser in Charleston, South Carolina.
Judge Belden, a Canton native, received his BA summa
cum laude from Marquette University in 1976 and his
Juris Doctorate from Case Western Reserve University
in 1979. He retired as a Commander in the Judge
Advocate General Corps in the U.S. Naval Reserve
serving on active duty from 1979 to 1983, mostly as a
trial counsel (prosecutor) at the Naval Legal Service
Office in Charleston, South Carolina. Judge Belden is
licensed to practice law in Ohio and South Carolina,
and their respective U.S. District and Circuit Court of
Appeals. He is married to the former Kathleen Kerr,
and the father of two children.
Judge Belden is one of two Judges presiding over the Mental Health Court docket
through the Canton Municipal Court Polaris Program. Judge Belden is active in many
civic and charitable organizations. He presently serves on the Board of the Canton
Community Clinic, is the Past Chairman of the Mayor’s Literacy Commission, is
currently the Vice-Chair of the Hetuck District of the Buckeye Council of the Boy Scouts
of America and a Trustee of the Stark County Bluecoats, an organization that provides
financial assistance to the families of law enforcement officers. He is also a member of
the Canton Rotary Club, the Ohio Bar Association, the Stark County Bar Association, The
Ohio Judicial Conference and the Ohio Association of Municipal Court Judges.
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 G. Giavasis
Clerk of Court
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.
The 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 and 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 as well as
liaison with local, county and state government, courts
and the public.
Court Administrator
Michael Kochera
Michael is the current 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
Management Program, class of 2009 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.
Magistrate
Jeremy J. Foltz
Magistrate 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
McClowry graduated 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 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
the City of Canton with his wife and two
children.
Magistrate
Derek C. McClowry
The 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.
Staff Attorney
The Court’s Staff Attorney conducts legal research,
prepares legal briefs and serves as legal advisor for the
Judges, Magistrates and Court Administrator. The Staff
Attorney also assists with legislative research and analysis.
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 from Miami University in 2001. She
received her Juris Doctorate from Capital University in
2005.
Andrea Scassa
Staff Attorney
Staff Attorney Scassa is a member of the Ohio State Bar Association and the Stark County
Bar Association. Staff Attorney Scassa is a member of St. Mary’s Catholic Church, Andrea
resides in Massillon with her husband and two children.
Magistrate’s Statistics
Cases Heard
2012
2011
Criminal Minor Misdemeanors
303
208
Traffic Minor Misdemeanors
3,166
4,093
Forcible Entry & Detainers
2,185
2,118
846
1,411
31
19
462
423
Small Claims
Contracts
Other Civil Hearings,
Bank/Wage Attachment
Hearings, Damage Hearings
Total Cases Heard*
6,993
8,002
*Figure represents total cases heard, not total cases
filed
Judith K. Lombardi
Traffic/Small Claims
Court Bailiff
Behind the scene in the
courtroom, the Magistrates
depend on the Traffic/Small
Claims Court Bailiff to ensure that
the events that transpire within
Court do so as efficiently and
effectively as possible. The
Traffic/Small Claims Court Bailiff
manages the daily docket for the
Court Magistrate, prepares the
necessary journal entries and
orders, operates the court
recording system, and maintains
the orderly flow of cases.
Probation supervision has evolved tremendously since 1841, when a Boston shoe cobbler
named John Augustus convinced a Boston Police Magistrate to release a drunkard into his
custody rather than send him to prison.
Although the primary role of the Canton Municipal Court Probation Department continues to
be the community control 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 Department is not simply enforcement. Probation
Officers also serve as advocates for offenders under supervision. Probation Officers assist
offenders in accessing services in the community such as counseling services, employment
and vocational services, educational services, adequate housing and medical treatment
services.
All defendants sentenced to Community Control 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 programmatic 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 down.
In an effort to further assist offenders recognize and change their poor decision-making skills,
the Probation Department incorporated a cognitive behavioral curriculum known as Thinking
for a Change. This curriculum is a evidence-based, best practice that addresses an offenders
maladaptive decision making and offers pro-social alternatives and solutions and increases
the offenders’ awareness to themselves and others. The Probation Department also added
an evidence-based Anger Management curriculum for defendants that have demonstrated a
propensity toward violence. This curriculum is also a cognitive based intervention that
addresses hostile appraisals and irrational beliefs that lead to aggressive and violent
behavior.
Front: Probation Officer James Klemens, Probation Officer Mike Bajornas, Chief Probation Officer
Natalie Gelfo Michailides, ISP Probation Officer Jamey Sanders, Back: ISP Probation Officer Lauren
Greenwell, Administrative Assistant Deborah Reichel, Probation Officer Kristen Kaplanis, Probation
Officer Stacy Mayle and Receptionist Wendy Filimonuk
The Probation Department, Court and
Community as a whole has a vested interest
in assisting offenders in the rehabilitation
process in order to prevent them from
becoming re-involved in the criminal justice
system and consequently a further expense
to the tax-paying public. Helping to provide
offenders the tools necessary to become
productive members of the community is
the cornerstone of successful Probation
supervision and intervention.
During 2012, the Municipal Court Probation
Department collected a total of $84,418 in
restitution for victims of crime.
Probation Case Activity by Year
1166
1118
875
827 873
874
779
675
427
418
351
263
258
236 234
36
2012
423
395
299
217
183
203
54
74
2011
2010
2009
Probation Supervision
Monitored Cases (Court-Ordered Counseling)
Restitution Investigations
Supervised Restitution
Expungement Investigations
Pre-Sentence Investigations
Primary Cases Sentenced to Probation Supervision
Offense
Number
% of Caseload
Domestic Violence
OVI/DUI
Assault
98
52
47
42%
23%
20%
“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
The Polaris Project 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 Stephen F. Belden preside over the Polaris Project docket.
The Polaris Project is a two year program of coordinated treatment and supervision 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.
In addition to Judge Falvey and Judge Belden, the Polaris Project Team includes Probation
Officer Stacy Mayle, Case Manager Jamon Thompson and Michelle Boone from The Mental
Health & Recovery Services Board.
During 2012, ten participants completed the Polaris Project and graduated from the Program.
PROGRAM DEMOGRAPHICS
Diagnosis
32% 34%
Bipolar Spectrum Disorders
Gender
52%
Depression or Anxiety
Spectrum Disorders
34%
Schizophrenia or Related
Diagnosis
48%
Race
Male
Female
7%
Caucasian
24%
69%
African
American
Other
The 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.
Court Security Bailiffs Walter Campbell, Donavan
Davidson and Bernard McLeroy
In addition to operating the X-ray screening device
and magnetometer, the Court Security Bailiffs
screen and search all visitors to the Court/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 Attorney General’s Office.
During 2012, the Court Security Bailiff’s booked
848 defendants.
Court Security Bailiff Donavan
Davidson books a defendant on the
Automated Fingerprint Identification
System.
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 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 2012, the
Deputy Bailiffs served 15,279
subpoenas, summons, and
other related court notices.
Bailiff’s Office Service Statistics
Activity
2012
2011
Forcible Entry & Detainer
3,482
2,760
Judgment Debtor Exams
58
46
Show Cause, Summons,
Fifteen Day Demands
1,005
957
26
20
Executions
6
7
Sales
1
1
1,270
893
956
706
8,475
9,463
15,279
14,853
Small Claims
Alias Writs
Evictions
Subpoenas
Total Service
Deputy Bailiffs Doug Gauze,
Jeff Foltz and Gino Millin
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 2012,
the Deputy Bailiffs conducted 956
Evictions.
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 a sanction
alternative to a jail sentence for non-violent and first time
offenders.
Community Service Director
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.
Lindsay Trent
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.
During calendar year 2012, 2,021 offenders were sentenced to 92,944 hours of supervised
Community Work Service and completed 72,109 hours or 78% of the hours sentenced. If
not for the Community Work Service Program and had those 2,021 offenders been
sentenced to jail, they would have accounted for a total of 238,120 jail bed days. Those
238,120 jail bed days at the Sheriff’s cost of $80 per day, per bed translates to a potential
savings of $19,049,600.
Based on the number of community service hours completed by offenders in 2012, when
translated in terms of labor at minimum wage it represents a total of $566,055 of labor
services provided to these agencies.
The 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.
Community Service Supervisors
Darby Greene & Darl Walton
Community Sanctions Officer Agatha
Johnson, Community Service Director
Lindsay Trent and Community Sanctions
Officer Nathan Diekmann
Each of the Community Service Road Crew
Supervisors operates a 12 passenger van and
equipment trailer that serves as their own selfcontained, 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.
Trash Collected (55 Gallon Bags)
1,586
Abandoned Tires Collected & Recycled
2,206
Lawns Mowed (For Elderly & Disabled Residents)
538
Driveways (Snow) Shoveled (For Elderly & Disabled Residents)
140
Nuisance Clean-Ups (For Canton Health Dept. & Code Enforcement)
143
Total Debris Removed from Nuisance Clean-Ups
202,120 Lbs.
(101 Tons)
Many of the nearly 30,000 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
290
300
250
200
217
215
180
161
150
121
87
100
50
0
208
27
66
126
103
70
57
35
0
2
2012
2011
Total Trials
Civil Jury Trials
Civil Trials to Court
113
76
23
3
2010
18
3
2009
Criminal Jury Trials
Criminal Trials to Court
19
0
2008
Administration Assistant
Julie Greco
The 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, serves as liaison with the City
and County Auditor’s Offices and the Stark County Law
Library, as well as assists the Court Administrator in all
Human Resource matters.
Administrative Assistant
Court Information
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 for
defendants with suspended drivers licenses.
During 2012 the Bailiff Clerk processed 1,220
applications for Occupational Driving Privileges.
Pamela Purses
Bailiff Clerk
Behind 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 Cline
Judge Belden’s Staff
Judicial Administrative Assistant Beth Wensel
& Michael Greene
1,200
1,141
1,084
1,142
1,124
1,052
1,134
1,060
1,065
1,000
800
600
400
204
200
0
206
60
4
Judge Falvey
207
198
50
212
207
209
82
1
Judge Kubilus
214
62
0
3
Judge Poulos
Judge Belden
Criminal Cases Assigned (4,261)
Civil Cases Assigned (827)
Criminal Cases Reactivated (254)
Civil Cases Reactivated (8)
Criminal Cases Terminated (4,541)
Civil Cases Terminated (830)
2012 Case Clearance Rate
100%
2012 Cases Beyond Time Guidelines
0
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 2012.
27,027 cases were filed during 2012.
Filings for 2012
Traffic Cases (8,406)
Civil Cases (8,298)
19%
19%
Criminal Cases (5,289)
31%
31%
Traffic Violation Bureau (5,034)
Case Comparison by Year
50,000
45,000
40,000
35,000
30,000 27,027
25,000
20,000
15,000
10,000
5,000
0
2012
Total Cases
Traffic Cases
39,547
30,649
2011
Civil Cases
2010
35,205
2009
Criminal Misdemeanor Cases
36,014
2008
Criminal Felony Cases
2012 Filings by Jurisdiction
12,000
10,831
10,000
8,000
6,912
6,000
5,503
4,938
4,000
3,047
2,000
2,763
1,933
1,561
726
-
431
68
161 169
2012
468 432
273 161 133
2011
City of Canton
Ohio Highway Patrol
Stark County Sheriff's Office
Plain Twp. (SCSO)
North Canton
Uniontown
Louisville
Hartville
Sandy Twp.
*Other jurisdictions with less than 125 filings
East Sparta-108 , Magnolia-94, Waynesburg-68 , East Canton-56, Ohio Liquor Control-18
Felony Charges
969
1000
800
600
400
200
818
763
693
532
406
307
503
403
423
394
357
310
150
703
662
625
267
133
774
311
249
137
152
162
2010
Felony 3
2009
Felony 4
2008
Felony 5
0
2012
Felony 1
2011
Felony 2
Misdemeanor Charges
6,000
5,000
4,000
3,000
2,000
1,000
-
6,470
4,740
4,336
4,215
1,396
4,081
1,281
1,623
65
78
691
128
2012
2011
2010
665
654
Misdemeanor 1
Misdemeanor 2
Minor Misdemeanors Booked
Waiverable Minor Misdemeanors Booked
Unclassified Misdemeanors Booked
1,376
1,727
716
142
773
2009
2008
Misdemeanor 3
150
Misdemeanor 4
2012
2011
9,287
5,724
1,448
10,884
7,155
1,483
2012 Criminal & Traffic Division Receipts
Balance on Hand - 12/31/11
$35,785.50
State Expungement Cases
Natural Resources
Refunds
Mayor's Courts
State Highway Patrol - Forfeitures
State Cases - Forfeitures
City Cases - Forfeitures
County Expungement Cases
State Rep/Victims of Crime
DB of Pharmacy/Mandatory Drug Violations
Stark County Treasurer
Sheriff of Stark County - Sheriff Fees
Indigent Defense/Public Defenders Fund
Advanced Reparations & Defender Fund
Seatbelt Violations
Restitution/Probation
CP Costs - Stark County Clerk of Court
House Arrest and Detention
Board of Health
Municipal Probation Service
Child Restraint/Safety
Overages
Advance Deposits
Alcohol Monitoring
Bonds
Bond Fee
City Fines
City Costs
Convenience Fee
Capital Improvement/Special Project Fee
Crime Lab Costs
Collections - Capital Recovery Systems/CBSC
Capital Recovery Systems NSF
Guardian Interlock
GPS Costs
State Highway Patrol - Fines
Indigent Driver Alcohol Treatment
Indigent Fee
BMV Fee
Legal Research
Moving Violations
Sheriff's Receiving/Discharge Fee
State Cases - Fines
State Costs
Telecomputer Business Service - Collections
Tech Fees
Cigarette Taxes/Fines
Liquor Law Violations
Witness Fees
NSF's Uncollectible (C2)
$4,700.00
$250.00
$16,445.49
$4,306.00
$90.00
$348.00
$2,494.50
$3,020.00
$126,471.92
$7,491.00
$1,233.31
$15,073.61
$288,564.68
-$371.00
$48,548.50
$83,698.66
$6,432.38
$18,368.82
$846.00
$222,279.26
$1,800.00
$82.43
$560.00
$5.00
$216,783.11
$28,572.52
$85,112.34
$1,420,857.89
$28,376.00
$166,081.93
$0.00
$60,241.92
$0.00
$165.00
$0.00
$255,601.60
$439.50
$1,567.90
$941.00
$90.93
$118,524.64
$17,777.59
$486,253.13
$0.00
$25,161.75
$157,388.97
$100.00
$3,275.00
$1,438.10
$0.00
TOTAL RECEIPTS AND BALANCE FORWARD
$3,963,274.88
2012 Criminal/Traffic Division
Disbursements
TREASURER, STATE OF
OHIO
TREASURER, CITY OF CANTON,
OHIO
50% State Highway Patrol
Fines
50% Highway Forfeitures
Victims of Crime/State
Reparations
General Revenue
1/2 Liquor Law Violations
Child Restraint/Safety
State Expungement Cases
Indigent Defense
Indigent Defense
Indigent Defense Support
Fund
Seatbelt Violations
Bond Fee
Law Enforcement Education
Fund
Drug Law Enforcement Fund
Alcohol Monitoring
HP Forfeitures Law Enforc
Educ Fund HP
Guardian Interlock
BMV Fee
40% State Highway Patrol Fines
40% Highway Forfeitures (M07)
City Forfeitures
Cash Recieipt Overage
City Cases - Costs
Less: Law Library
City Cases - Fines
Less: Law Library
Convenience Fee
GPS Costs
Indigent Driver Alcohol Treatment S1
Indigent Driver Alcohol Treatment HP
Indigent Driver Alcohol Treatment C1
Indigent Drive Alcohol Treatment from
Mayor's Courts
Municipal Probation Service
Computer Fees
Legal Research
Capital Improvement/Special Project Fee
Ingnition Interlock
Ingnition Interlock
Alcohol Monitoring Fund
Guardian Interlock
Indigent Drivers Treatment Fund
Prisoner Treatment Fund S1
Prisoner Treatment Fund HP
Prisoner Treatment Fund C1
$71,369.47
$36.00
$2,494.50
$82.43
$1,420,857.89
($5,748.11)
$83,559.15
($4,455.50)
$28,376.00
$0.00
$11,354.50
$9,110.00
$301.79
SUB TOTAL
$2,218,404.27
$89,164.88
$45.00
$126,471.92
$288,564.68
$1,637.50
$1,800.00
$4,700.00
$20,695.00
$23,958.42
$100,746.03
$48,548.50
$28,572.52
$9,576.20
$0.00
$5.00
$0.00
$0.00
$941.00
SUB TOTAL
$745,426.65
TREASURER, STARK
COUNTY, OHIO
YTD
10% State Highway Patrol Fines
10% Forfeitures (M07)
State Cases - Forfeitures
State Cases - Fines
Indigent Fee
Witness Fees
1/2 Liquor Law Violations
House Arrest and Detention
Expungement
DUI Prisoner Housing S1
DUI Prisoner Housing HP
DUI Prisoner Housing C1
Commissioners Fund
$17,837.15
$9.00
$348.00
$376,105.79
$1,567.90
$1,438.10
$1,637.50
$18,368.82
$3,020.00
$13,278.70
$13,431.03
$876.90
$0.00
SUB TOTAL
$447,918.89
YTD
$439.50
$222,279.26
$157,388.97
$90.93
$166,081.93
$13,236.01
$11,783.50
$0.00
$165.00
$17,778.61
$3,905.00
$7,892.44
$25.00
2012 Criminal/Traffic Division Disbursements
MAYOR'S COURT DISTRIBUTION
TOWNSHIP DISTRIBUTION
Village of Waynesburg
Village of East Canton
City of North Canton
Village of Magnolia
Village of East Sparta
Village of Hartville
City of Louisville
Sandy Township
$180.00
$450.00
$400.00
$974.00
$1,837.00
$465.00
$0.00
$0.00
SUB TOTAL
$4,306.00
Plain Township
Lake Township
Sandy Township
Pike Township
Stark County Law Library
14,316.00
4,525.00
1,659.50
55.00
20,555.50
SUB TOTAL
41,111.00
LAW ENFORCEMENT
EDUCATION FUND DISTRIBUTION
BOARD OF PHARMACY MANDATORY
DRUG VIOLATION DISTRIBUTION
Canton Police Department (S1)
$1,754.00
Ohio Board of Pharmacy
$1,651.00
Canton Police Department (C1)
Village of East Sparta (S1) paid to Magnolia
Police Department
City of Canton Police Department
$3,745.00
East Canton Police Department (S1)
$125.00
Waynesburg Police Department (S1)
$250.00
Ohio State Highway Patrol
Stark County Sheriff
$656.00
$97.00
$375.50
$260.00
Hartville Police Department
$564.50
Township of Lake paid to Uniontown PD
$425.00
Louisville Police Department (S1)
$870.00
City of North Canton
$425.00
North Canton Police Department (S1)
$875.00
Village of East Canton
Township of Plain paid to Stark County
Sheriff
City of Louisville
$1.00
$60.00
$181.00
Liquor Board of Pharmacy
$0.00
Village of Magnolia (Sandy) (East
Sparta)
$0.00
Village of Waynesburg
$150.00
Village of Hartville Police Department
$100.00
SUB TOTAL
$7,491.00
Stark County Sheriff (S1)
Plain Township (S1) paid to Stark County
Sheriff
Lake Township (S1) paid to Uniontown Police
Department
Sandy Township (S1) paid to Magnolia
Police Department
Pike Township (S1) paid to Stark County
Sheriff
$1,100.50
SUB TOTAL
$8,395.14
$1,102.64
$973.00
$145.00
$0.00
2012 Criminal/Traffic Division Disbursements
SUMMARY OF
DISBURSEMENTS
OTHER DISBURSEMENTS
Advanced Reparations & Public
Defender Fund
Board of Health City of Canton
(M31)
Board of Health Stark County
(M31)
Capital Recovery Systems
Credit Bureau of Stark County Inc
Department of Natural Resources
Sheriff Fees
Sheriff's Receiving/Discharge Fee
Telecomputer Business Service
Stark County Law Library
Stark County Law Library
CP Costs - Stark County Clerk of
Court
Cash Bonds
Advanced Deposits
Refunds
Restitution/Probation
AOD Reimbursement/Stark County
Treasurer
Ohio Department of Taxation/ Cig
Tax
SUB TOTAL OTHER
DISBURSEMENTS
$45.00
$200.00
$646.00
$18,437.19
$41,804.73
$250.00
$15,073.61
$17,777.59
$25,161.75
$4,455.50
$5,748.11
$6,432.38
$220,836.11
$360.00
$16,259.49
$84,418.66
Treasurer, State of Ohio
$745,426.65
Treasurer, Stark County, Ohio
$447,918.89
Treasurer, City of Canton, Ohio
$2,218,404.27
Mayor's Court
$4,306.00
Ohio Board of Pharmacy Distribution
$7,491.00
Township Distribution
Law Enforcement Education Fund
Other Disbursements
$41,111.00
$8,395.14
$459,239.43
$1,233.31
TOTAL DISBURSEMENTS
$3,932,292.38
$100.00
$459,239.43
Current Criminal Cash Balance on
Hand 12/31/2012
$30,982.50
2012 Civil Division
Receipts
Previous Balance on Hand
12/31/11
Garnishment Fee
Excess Costs
Advanced Court Costs
Jury Demand
Sheriff Fees
Towing and Storage
Bonds
Motions
Money Released to Defendant
Legal Aid
Set Up Cash Drawer
Overage
Advertising
Appraisers
Bankruptcy
City Costs
Convenience Fees
Court Fees
Capital Improvement
Full Claim
Judgment Administrative Fee
Judgments
Marriage Fees
Pre-Paid
Rec/Dis Fees
Rent Escrow
Computer Fees
Unredeemed Checks
Witness Fees
Eviction Deposit
Other
Unreconciled Amount
SUBTOTAL RECEIPTS
TOTAL RECEIPTS AND BALANCE
FORWARD
Disbursements
1,563.00
5,054.87
931.10
8,200.00
1,233.10
0.00
535.60
0.00
55,728.60
184,868.17
0.00
0.00
0.00
0.00
19,335.49
0.00
1,520.00
816,379.56
112,772.65
0.00
28,783.98
2,853,307.99
4,587.00
-4.00
0.00
21,630.00
97,533.35
410.12
18.00
0.00
28,889.60
0.00
4,243,278.18
Advanced Court Costs
Advertising
Appraisers
Bankruptcy
Bonds
Capital Improvement
Computer Fees
City Costs
Convenience Fees
Court Fees
Reimbursements From Court
Fees
Excess Costs
Full Claims
Garnishment Fees
Judgments
Judgment Administrative
Fee
Jury Demand
Legal Aid
Legal Aid (1%)
Marriage Fees
Money Released to
Defendant
Motions
Overage
Pre-Paid
Rec/Dis Fees
Rent Escrow
Sheriff Fees
Towing and Storage
Unredeemed checks
Witness Fees
Other/NSF Recovery
Unreconciled Amount
SUBTOTAL
DISBURSEMENTS
4,311,761.08
CIVIL CURRENT BALANCE
ON HAND 12/31/2012
68,482.90
$965.10
$0.00
$0.00
$19,469.85
$535.60
$112,772.65
$97,533.35
$0.00
$1,520.00
$816,375.61
$0.00
$5,101.96
$0.00
$1,547.00
$2,924,434.73
$28,783.98
$5,200.00
$183,019.49
$1,848.68
$4,587.00
$56,459.01
$0.00
$0.00
$0.00
$0.00
$26,065.00
$978.10
$0.00
$410.12
$0.00
$0.00
$0.00
$4,287,607.23
$24,153.85
Canton City Hall * 218 Cleveland Avenue, South * Canton, Ohio 44702
JUDGES
Honorable Mary A. Falvey
Honorable Richard J. Kubilus
Honorable John A. Poulos
Honorable Stephen F. Belden
330.438.4205
330.438.4203
330.438.4202
330.438.4226
Mary.Falvey@cantonohio.gov
rj.kubilus@cantonohio.gov
John.Poulos@cantonohio.gov
stephen.belden@cantonohio.gov
330.438.4218
330.438.4216
FAX: 330.489.3269
derek.mcclowry@cantonohio.gov
330.438.4231
michael.kochera@cantonohio.gov
330.438.4209
Andrea.Scassa@cantonohio.gov
330.438.4210
Julie.Greco@cantonohio.gov
MAGISTRATES
Jeremy J. Foltz
Derek C. McClowry
COURT ADMINISTRATOR
Michael E. Kochera
STAFF ATTORNEY
Andrea Scassa
ADMINISTRATIVE ASSISTANT
Julie A. Greco
COMMUNITY SERVICE DIRECTOR
Lindsay A. Trent
330.438.4214
Lindsay.Trent@cantonohio.gov
330.438.4227
natalie.michailides@cantonohio.gov
330.438.4200
Pam.Purses@cantonohio.gov
330.489.3203
Phil.Giavasis@cantonohio.gov
330.489.3203
Randy.Gonzalez@cantonohio.gov
330.438.4232
Patrick.DeOrio@cantonohio.gov
330.438.4254
Emma.George@cantonohio.gov
330.489.3207
Paula.George@cantonohio.gov
330.489.3203
lydia.lewers@cantonohio.gov
CHIEF OF PROBATION
Natalie Gelfo Michailides
COURT INFORMATION WINDOW
Pamela Purses
CLERK OF COURT
Phil G. Giavasis
CHIEF DEPUTY
Randy Gonzalez
FISCAL CONTROL OFFICER
Patrick De’Orio
ADMINISTRATIVE ASSISTANT
Emma George
CRIMINAL DIVISION
Paula George
CIVIL DIVISION
Lydia Lewers
www.cantoncourt.org