CHANGING TIMES AT THE COURTHOUSE
Impeachment of a President, an impending constitutional crisis, coming trade wars, climate change fears, and a drug addiction epidemic. Citizens facing their own daily challenges are also carrying a full information overload of troubling news. In the midst of the uncertainty that results from our 24 hour news cycle, the Court strives to be a rock of community stability, where justice and the rule of law are in full public view being practiced daily in your Courthouse and your Courtroom. It is an awesome responsibility that I enjoy and wear gladly. There is a reason that our Courthouses are imposing, impressive structures, and often in the center of every town. The Courthouse represents a societal symbol of stability in a nation founded upon the democratic rule of law. The Coshocton County Courthouse represents the symbol of our collective expectations. For me, it is an opportunity to deliver on your unwavering belief in our constitutional democracy, and to demonstrate judicial independence, compassion,fairness and evenhanded judgement. The work we do here often comes with change, and that has never been more accurate than the present time as we go through changes in funding, staff, and the law.
As background, the Court introduced Brooke Bookless in 2014. Brooke was hired through a grant to write pre-sentence investigation reports (PSI). It was the first grant accepted by the Court, and the first position created in decades. (By the way, Brooke is now Mrs. Derek Jimenez, living in Savanah, Ga. She works as a victim’s advocate for the major crimes unit of the District Attorney for Chatham County, Ga. Derek is a Staff Sergeant with the 160th Special Operations Aviation Regiment, and they have a one yea rold son, Gabriel.) Brooke was hired under the premise that the job was entry level only, that there was no room for advancement, getting a raise would depend on the grant, but we would send herto training programs with the goal that she would eventually get a “real”probation officer job with the State or a larger county. Brooke promised to give us at least two years, and I fully expected to rotate young college grads through the PSI job while they gained experience for advancement elsewhere. This new position was considered a major change for the Court at that time. I had no idea what was on the horizon.
That is when we found ourselves in the midst of an opioid epidemic. Sending low level drug offenders to prison resulted in their release back into the community too quickly. Fifth degree felonies are only punishable by up to twelve months of prison time in Ohio, with fourth degree felonies having a maximum sentence of only 18 months. The Ohio Department of Corrections tends to place these low level offenders on a quick release track through programs like boot camp (“Intensive Program Prison” or IPP) and something called Transitional Control (early release by the prison into a halfway house). These low level offenders were coming out of prison as unreformed drug addicts and committing more crimes. Facing an increasing number of indictments every year, and given the lack of response to incarceration by low level offenders, we searched for solutions. This was a moment of truth for Common Pleas Court Judges across Ohio. We were unable to incarcerate our way out of this new drug epidemic. Another tool was necessary to combat the problem. The response came after a“suggestion” by the Ohio Supreme Court. We took steps to obtain certification for a special docket program that we call Recovery Court. Brooke Bookless was placed in charge of the program, and we saw the beginning of a system where addicts charged with low level possession and trafficking offenses could get clean, get a job, and become law abiding and productive members of our community. There were some epic fails that resulted in prison commitments or lengthy jail stays, but a large majority of Recovery Court graduates leave their criminal past behind and become productive members of our community. In the end, the number one goal of Recovery Court is a safer community.
In 2016, Heather Spinks was hired to replace Brooke. Heather was introduced to you in the fall of 2017 along with “Targeted Community Alternatives to Prison” (TCAP). That is when the changing times began to pickup speed. TCAP is an effort by the State to reduce dangerous levels of prison overcrowding. As part of TCAP, the Court received a grant of $169,480.00 over two years. The fund were used to provide drug treatment and intensive supervision for persons convicted of a felony of the fifth degree (F-5), which is the lowest level of felony in Ohio. I can still sentence F-5 offenders to prison if they are convicted of drug trafficking, a felony sex offense, or a felony offense of violence, or if they have a prior conviction for a felony sex offense or felony offense of violence. Heather met the challenge of managing presentence investigations, Recovery Court, and pretrial drug testing amidst the change brought by TCAP. Her success is due in in part to a “firm but fair” approach to the offenders she deals with on a daily basis. (Heather’s salary is paid from the PSI grant and a Mental Health and Recovery Services grant.)
Did TCAP work? If the goal was to reduce the number of people heading to prison from Coshocton County, then TCAP was clearly a failure. As noted below, prison commitments from this Court increased significantly from 2017 to 2018.
2011 = 51
2012 = 50
2013 = 62
2014 = 69
2015 = 68
2016 = 82
2017 = 85
2018 = 125*
(* The Ohio Department of Rehabilitation and Correction counted only 100 prison commitments for 2018. However, that figure does not include commitments for offenders already serving a prison term when an additional prison term for another offense was imposed by this Court.)
We are on track for well over 100 prison commitments in 2019. Therefore, TCAP failed if it was designed to reduce prison commitments from Coshocton County. However, this conclusion is misleading. I suggest that in 2018, the Court sentenced an unusually high number of mid-range to high level offenders, which resulted in more prison commitments. That result is driven by the types of drug cases brought before the Court, and you can thank the Sheriff’s Office and Prosecutor for bringing those more serious charges. Also, on a statewide basis there was some leveling off of the prison population, and the State approved funding for TCAP II in fiscal years 2019/2021. In that sense, TCAP was successful because it provided the resources for more effective drug treatment at the local level, while leaving the Court with the ability to impose prison terms for serious offenders and repeat low level drug offenders. TCAP also impacted the role of our citizens in the duty of jury service. There have been more jury trials in 2019 because higher level offenders are receiving lengthier prison terms, and some feel as if they have nothing to lose by going to trial. The imposition of lengthier prison sentences for higher level offenders represents a trend toward distinguishing true “drug dealers” from the addicts who sell small fractions of drugs to each other.
With this experience in hand, and the confidence that TCAP is here to stay, I elected to take part in the second round of TCAP grants (TCAP II). Grant funds from both TCAP I and II are being used for intensive pretrial supervision, drug treatment, and an inmate work program. Ross Nelson was hired in July to administer intensive pretrial supervision for low level offenders. Ross is a 1998 graduate of Coshocton High School with post-secondary education at the University of Dayton and the Ohio Institute of Photography, and is presently in the process of obtaining hi sprobation officer certification from the Ohio Supreme Court. His job primarily involves supervising persons under indictment who are released from jail after posting a bond. Ross utilizes GPS monitoring and random drug testing to ensure that low level offenders comply with the terms of theirbond. Violators have their bonds revoked and are sent back to jail. Ross then finds an appropriate treatment center, and arranges transportation. After treatment is completed, Heather and Ross work the offenders into Recovery Court and job placement. Again, the goal is to get the low level offenders off of drugs and employed. This result makes the community safer.
As noted above, Ross will also administer an offender work detail. Low level offenders on probation, and who are unemployed, will be required to pick up trash, weed sidewalks, and perform other community service related jobs around the county. Previously, inmate work details sometimes resulted in contraband like drugs, cigarettes and cell phones getting back into the jail. Funds from the TCAP grant will provide more extensive monitoring of the work details. It’s a risk, but it is one I am willing totake. I firmly believe that offender are not victims. They chose a way of life that has harmed this community, and they can begin to pay it back by picking up the trash, and in turn begin picking up their lives.
Another major change for the Court is the State’s move to shift probation services completely to the County. Since anyone can remember, the Adult Parole Authority (APA) has provided full probation services to the Court as part of a statewide program. This program is coming to an end in response to the murder of Reagan Tokes on February 8, 2017, in Columbus, Ohio. The perpetrator of this horrible crime was on post-release control (parole) supervision by the APA after completing a prison sentence. In an effort to avoid this type of tragic result in the future, the APA is committing all of its field officers to post-release control supervision. This way, the APA will have more resources to supervise dangerous offenders who complete their entire prison terms and come out of prison on post-release control. What does this mean for Coshocton County? I elected to participate in a grant that provides $300,000.00 over two years to establish and staff a probation department. This is an opportunity for the Court to provide more intensive and meaningful supervision for felony offenders. Ohio law keeps me from sentencing every felony offender to prison. Since some offenders are going to be placed on probation, we should at least provide supervision the way we see fit. As always, the goal is a safer community.
Finally,because the changes keep coming, I take this opportunity to introduce Jennifer(Jennie) Warden, our new Assignment Commissioner. Jennie will replace Ann Hartsock, who retires from county service on September 30. Jennies pent over 15 years with the Coshocton County Board of DD as a school secretary and administrative assistant, providing secretarial and payroll clerk support for the human resource director, the principal, and the superintendent. In 2016, Jennie went to JFS where she worked as a child support case worker and fiscal officer before coming to Common Pleas Court. As the Assignment Commissioner for the general division of the Court, she will handle scheduling for the criminal and civil dockets, the preparation of judgment entries, assignment of counsel for indigent cases, and related tasks necessary for the proper function of the Court. We look forward to having Jennie come on board, but Ann will be greatly missed after 30 years of dedicated and loyal service to the Sheriff’s Office and Common Pleas Court. Above all else, we will miss Ann Hartsock’s thoughtfulness, her integrity, and her desire to always do her best for the Court and the people it serves.
In the end, for a Judge who thought hiring someone to complete presentence investigations was a big deal, the last two years have been a hurricane. There is no way around it. Change has come to the Common Pleas Court, and we can either ignore it, or we can try and turn it into something that can be used for good. I am blessed to be surrounded by an incredible court staff, all of whom are willing to get uncomfortable and turn problems into solutions, always knowing that change is never easy. Also, special thanks to the Auditor’s Office, the Treasurer’s Office and the Commissioner’s Office for working with me as I stumble through the administration of the grants. Chris Sycks, Jinnie Bowman, Kyle Lowe, Cathy Williamson and Robin Schonauer have been incredibly patient and helpful.
Thanks again for the opportunity to serve you as part of a great team that always strives to uphold your unwavering belief in our constitutional democracy.
Robert J. Batchelor, Judge
December, 2019