ACLU on "Debtors' Prisons"

Today, the ACLU released "In for a Penny: The Rise of America's New Debtors' Prisons." (Hat tip: Enquirer Politics Blog.) The report looks at policies in Louisiana, Michigan, Ohio, Georgia, and Washington and concludes that indigent defendants are being incarcerated because of their inability to pay fines or court costs. Both the US and Ohio Supreme Courts have repeatedly held that such treatment of people who cannot pay is unlawful.

The ACLU's discussion of Ohio begins at page 43 of the report, and Hamilton County is mentioned at page 50. The report says this:

Renowned Cincinnati civil rights attorney Bob Newman notes that, at least in Hamilton County, he is not aware of any individuals who are serving time for nonpayment of fines. This is not because courts strictly follow the constitution and statutes barring the jailing of indigent defendants—it’s because the jails are already overcrowded. Courts simply have no room to incarcerate nonviolent offenders.

It's unclear whether the judgment that our local courts don't really care about the constitution is Bob's or the ACLU's. Either way, it's probably mistaken. Recently, the Hamilton County Public Defender has done an excellent job of educating our judges regarding its clients' constitutional rights in this area. What's more, earlier this year, the municipal court started sending unpaid fines and costs to a collection agency. For the most part, when a defendant fails to pay a fine (even if s/he fails to appear at a "stay-to-pay" date), a warrant no longer issues; instead, the case is "sent to collections." The result will be less crowded dockets and--if Montgomery County's experience is any indicator--increased collection of fines and costs (perhaps proving the conservative meme that the private sector usually does things better than the government).

This is overall an interesting report, and makes some points that should be considered. Of particular concern should be the abuse of the indigent in Ohio's mayor's courts. (At least one local municipality has an ordinance making it a separate crime to fail to pay a fine levied in a criminal case.) But Hamilton County is on the right track, and the report is, perhaps, unfairly critical.

Do The Mashed Potato

As the weather turns cooler, it's time for a return to comfort food. And right now, my favorite comfort food dish is Mayberry's mashed potatoes. Creamy and with just the right amount of pepper, they were the perfect side dish with lunch today. Lunch itself was the turkey hot brown, also a great comfort food item just in time for fall.

Cincinnati Film Festival Starts October 8th

Starting this Friday the Cincinnati Film Festival International Film Festival brings fresh short and feature films to venues across the Cincinnati area. Running from October 8th through the 16th, this festival (formally the Oxford International Film Festival) presents an ambitious schedule of events to complement the film screenings, including workshops on film making, a movie premier at the Hollywood Casino in Indiana, and a Gala at Memorial Hall.

Ticket information is here. More from the Enquirer.

Eric Deters Is Suing 'Whistleblower' Publisher

I really wanted my headline to read "Eric Deters is Suing an Asshole," but I didn't want to get myself personally wrapped up in a lawsuit, so I'll try to avoid it by saying I will not shed a tear seeing Jim Schifrin having to spend time or money to defend himself in court for allegedly making libelous claims about Eric Deters in the "Whistleblower" email newsletter.

Back in August Schifrin published an allegation that Deters was having an affair with Nicole Howell, the former teacher who was accused of having sex with a student. Deters was her attorney and successfully got her acquitted on those charges. According to the Enquirer article, she now works for Deters as a personal assistant.

I don't know and don't really care what Eric Deters does in his personal life. He is not someone I would say had a crystal clear persona before this allegation was made, but that comes with being a flashy defense attorney. If he ever thinks about running for office, well, then I might think otherwise. Investigating his actions as a lawyer or employer would be relevant in judging his fitness for public office. There is no evidence Deters has thoughts in that area, but in journalistic terms, that would be this kind of information something worth investigating. It is never good journalism to print rumors, especially rumors about sex.

I don't like the crap Schifrin writes. He is just a plain old fashioned asshole, and his many attacks on people based on race, religion, gender, etc are clear to anyone who reads his newsletter.

That being said, I hope Deters loses the case. I think he will, anyway. If his purpose is to bring some negative attention to the crusty old man, then good! If Deters is trying anything else, then he is wrong.

Hamilton County Commission Candidates Forum

WVXU's Impact Cincinnati hosted both candidates, Jim Tarbell and Chris Monzel, yesterday for a forum (MP3) on the campaign.

Monzel still didn't give any details on what he would cut from the budget to make up the deficit. He won't cut the Sheffif patrols. He stated he has a list of of the budget items detailed in a spreadsheet, but doesn't know what he would cut. He blathered on about multiple HR departments. He wants to roll up his sleeves after he takes office, but he doesn't seem to have time to add up the numbers. He has a spreadsheet to know the numbers. 15 Million dollars can't be made up by reducing office supplies. If he wants to be trusted, he should say now what he would cut. 15 Million would require cutting a large number of staff. It means cutting the jobs of actual people who perform services for the County. Monzel should be honest with voters and tell us what services he would cut to make up the deficit, if elected. He has not proposed any revenue changes that will either be tangible or will close future gaps, so cuts are his only way to fufill his plan to have "less" government.

What people need to remember is that Monzel is currently a City Council member in a city with a 50 million dollar deficit. He has access to the City Budget. He has not rolled up his sleeves and found what can be cut to make up that budget deficit. What makes anyone think he will do that for the County? I think he'll follow Greg Hartman and shift money from indigent health services. If he is going to do that, he needs to make it clear. Give the voters full knowledge of his intentions. The code words are there. He wants "less government." He is against Metro government. He wants the power structure to remain the same, and the only place to cut where you don't hurt your political power is cutting the services for the poor.

Monzel has been a terrible Councilman, and will be a bad Commissioner.

Too Much Time On Their Hands

After seeing some Reds players light up cigars to celebrate their clinching first place in the National League Central the other night, five people called the state anti-smoking hot line.

Really?

I was (and am) in favor of the smoking ban. But good grief, folks. Get a life.

Westwood Civic Association Acting Politically?

Is John Sess, President of the Westwood Civic Association, using a meeting of the organization to benefit Republican Candidates? Kevin Osborne at CityBeat has an article which alleges the meeting, to occur on October 5th, has two GOP candidates on the attendee list, but no Democratic candidates. The event, as Kevin details, was not publicized as a candidate forum. The question is, where Democratic candidates offered a direct special invitation. Will the GOP candidates be allowed to speak? If they do, the event should be seen as a partisan event. Something that will not go over well with the WCA's mission or status.