Justice is Delayed in Franklin County as Judges Drown in Work
Franklin County’s request for two additional General Division judges raises an important question about access to justice: How does population growth affect the courts, case timelines and the people waiting for their day in court?
In their latest article for The Columbus Dispatch, our Attorneys Charles Schneider and Kyle Davidson examine the numbers behind the county’s current judge-to-population ratio, and why the request is not only reasonable but necessary in context.
“Too many cooks spoil the broth.”[1]
Does this rule apply to having too many judges?
The short answer is NO; especially if you happen to be a person waiting for their day in court. The Franklin County Court of Common Pleas has sent a letter to the Supreme Court of Ohio requesting the approval of two new judges for the General Division of the Court.
Why are they necessary? Well like they say, “numbers don’t lie.”
The five largest counties in Ohio are Franklin, Cuyahoga, Hamilton, Montgomery, and Summit:
| County | Population[2] | Number of judges[3] | Ratio |
|---|---|---|---|
| Franklin | 1,356,303 | 17 | 1 / 79,783 |
| Cuyahoga | 1,240,594 | 34 | 1 / 36,488 |
| Hamilton | 837,359 | 16 | 1 / 52,335 |
| Montgomery | 537,443 | 11 | 1 / 48,859 |
| Summit | 538,370 | 10 | 1 / 53,837 |
Stated differently, in order for Franklin County to have the same ratio of judges to the county’s population as Cuyahoga, it would need 38 general divisions judges. Not an additional two judges as requested but an additional 21 judges. It would be like adding all the judges from both Montgomery County and Summit County.
It could be argued that the solution is to reduce the number of judges in Cuyahoga County. This is highly unlikely, as Cuyahoga County is uniquely situated, defeats the purpose of Franklin County’s request, and would not lessen Franklin County’s ratio. Even if Franklin County received new judges based on the ratio of the next highest county, Summit County, it would have a total of 24 judges or an additional seven judges. Contextually, Franklin County’s request of two new judges is very reasonable.
Franklin County’s ratio is even more burdensome when you consider that until 2023, Franklin County had exclusive jurisdiction regarding administrative appeals. The legislature amended the statute to expand the jurisdiction to reduce the burden on small businesses and individuals who may need to travel to Franklin County.[4]
While advantageous for Franklin County and the Court, adding new judges does have a significant financial impact on the county. Salaries paid to judges of the court of common pleas consist of a county-paid local share calculated at $0.18 per capita, and a state share which is the remainder of the statutory salary not paid by the county. The local share cannot be lower than $3,500 or higher than $14,000.[5]
While the majority of the judges’ salaries are paid by the State, the expense of a judge is not the salary, it is the cost of the team that supports the judge. In Franklin County, the judge has a bailiff, a court reporter, and shares both a secretary and magistrate with one other judge. When court is in session, especially in criminal trials, courtroom security is provided by the county sheriff’s office. Additional costs include building out and maintaining the judge’s courtroom and chambers. All of these costs are significant and far exceed the judge’s salary and are borne by the county. Fortunately, the Franklin County Commissioners recognize the importance of an efficient judicial system and support—financially and systematically—the addition of the new judge request.
The additional judges will help one of the busiest courts in Ohio deliver the timely and efficient justice the residents of Ohio deserve. The legal maxim “Justice delayed is justice denied” is certainly applicable in this situation.
[1] According to USDictionary.com, the origin of the expression dates back to the 16th century
[2] Based on Ohio Department of Development 2024 data (County Trends | Development).
[3] This includes only general division judges. Judges can be found on each respective Court’s website.
[4] Ohio Revised Code 119.12(B)(2).
[5] Legislative Services Commission with sources from The Supreme Court of Ohio, Department of Administrative Services.