Deters Power Grab

County Prosecutor Joe Deters must really like the Bengal's Stadium Lease since that's the last time the Prosecutor Lawyers did work on Riverfront Development for the County. That was back in the 1990's when Joe was the Prosecutor, before quiting for higher state office. In case your wondering, most consider the Bengal's lease to have given away the farm and first born of every county resident and handed them over to Bengal's owner Mike Brown.

If Joe Deters gets his way, his criminal lawyers will begin doing the work that private development lawyers are doing. We are going to get lower quality legal advice with this action. Why? Well, you don't hire a foot doctor if you need brain surgery.

Deters is trying to build up power. He's not up for reelection until 2012, so I guess he thinks he has a free hand to do what ever he wants. It is a tradition in Hamilton County to have despots in the Prosecutor's office. Leis, Deters, Allen, and now Deters again all have acted like they are above the law and have no to answer too. Because local political parties on the county level are dysfunctional, this office has become one where you don't have to worry about reelection because deals will be made to prevent an competition.

Harris Announces 2010 Budget Plan

Council Member Greg Harris has done something no other candidate has done: provide a 2010 budget plan that includes adjustments that make up the 51.5 million dollar projected deficit. He does it without layoffs. He does list a Trash collection fee which would fill a gap. That will surely get screams from the right wing, but once the election passes, I think their scream will subside on fee increases.

I am most pleased with Greg for being complete. He had the courage to do this now, before the election and he actually provided numbers that will add up to the deficit. Other candidates have presented cuts they would make, but they cite cutting some minor program or perk that adds up to a few hundred thousand dollars, nothing close to the full budget deficit.

Many of the cuts Greg proposes are going to face huge challenges, but I think Greg is willing to work with everyone. What we don't need is more Grandstanding from Ghis, Monzel, Berding, and the FOP Officers playing the role of chicken little. Since we are so close to the election, I don't predict big political pushes to attack Greg, since those council members are not safe enough to focus on getting out their base.

Greg's action to publicize his realistic plan is what we want from our council. Greg is governing. He is being upfront, but will be smart and will not negotiate with the Unions in the media. We need to keep Greg on council.

Saturday at Grammer's: NEIN ON NINE!

Fun Party this Saturday at Grammer's: NEIN ON NINE! all in the effort to defeat Issue 9.

The ville have beear.

Is Cunningham Against Issue 9?

The Phony Coney is reporting that local talk radio host and regular city basher Bill Cunningham is against Issue 9. The Provost links to the podcast with Cunningham's comments. Is this for real? Does Cunningham actually oppose Issue 9? This isn't April 1st is it? I didn't just teleport to Bizzaro World, did I?

The Phony Coney: Miller's Not Home?

The Phony Coney brings to light an important item that allegedly was overlooked by Mark Miller before filing his affidavit in an attempt to smear the Mayor. The question is out there: Where does Mark Miller actually live? Does he even know? Can we trust anything he says if he can't get his address correct?

Council: Handicapping the Race

Predicting who will win City Council is both easy and very difficult. It is easy to get those who are locks to win and likely to win. After that, it is all open ended. It is a fool's errand to try and predict the actual order of finish to any level of accuracy, so don't look for that here. What I have done, instead, is create tiers and grouped candidates based on their likelihood of being in the top nine. Here is my take on the race, two weeks out. Each group is in alphabetical order.

A Lock to Win:
Roxanne Qualls

Likely to Win:
Chris Bortz
Laketa Cole
Leslie Ghiz
Cecil Thomas

In the Mix:
Jeff Berding
Kevin Flynn
Greg Harris
Chris Monzel
Laure Quinlivan
Bernadette Watson
Charlie Winburn


Strong Finish, But Out of the Money:
Tony Fischer
Nickolas Hollan

The Rest:
Anitra Brockman
Amy Murray
LaMarque Ward
Wendell Young
George Zamary


As far as order goes, as I mentioned, there is no way to know. I would say anyone not in the mix could be as high as 13 or 12. A good measure of a candidate that does not win is their placement. If you get anywhere from 10th to 13th, you had a good run and are a contender for 2011.

There are of course two weeks to go, so anything could happen, but usually doesn't.

Minor note: I will go out on a limb here and say the Mayor Mallory will be reelected. The only speculation will be what percentage Wenstrup has to reach in order for Alex Triantafilou to claim the GOP is on the rise in the City. I would suggest that anything less than 50.000001% of the vote would be a sign that the GOP is not on the rise in Cincinnati.

Issue Three Narrowly Ahead in Poll

In a Poll of 800 likely Ohio voters 48% favor Issue Three, 44 Oppose, with a margin of error at 3.5%. This vote is going to be close.

A Question For the Candidates

Had I been at the mayor's debate last week, I'd have asked the following:

Given the choice between laying off fifty police officers, closing half the city's pools, closing some or all of the city's health clinics, or decreasing the frequency of trash collection, which would you choose?

Before you all flay me in the comments: no, I have no idea whether these are actually fiscal equivalents. But if being a reporter covering politics were my full-time job, I'd figure out the equivalents and ask the question with the correct numbers.

Can we "cut our way to prosperity?" Of course not. But absent a massive tax increase, some cuts are inevitable in the 2010 budget. And no one, so far, has told us what they'll cut.

And no, I'm not going to suggest an answer to that question myself.

Random Sports Thought

It just occurred to me that this was a pretty good weekend for former Cincinnati athletes.

Former Red Jerry Hairston scored the game-winning run (after getting on base by hitting a single) in the bottom of the 13th inning, giving the Yankees a 2-0 edge in the ALCS.

And former Bengal Ryan Fitzpatrick led the Buffalo Bills to an overtime victory (albeit an ugly one) over the New York Jets.

New Local Political Blog: Plum Street Studios

E. Gooding has a new blog called Plum Street Studios and has a good post tearing apart the Enquirer's Council Endorsements.

The Enquirer Splits the Baby into Fourths, Kinda

When reading the Enquirer's list of endorsements for city council a mighty big correction needs to be made. Jeff Berding does not deserve the "D" next to his name. It is obvious they did this on purpose and refuse to acknowledge the rebuke Berding got from the local Democrats who revoked his endorsement. So, they are knowingly putting out false information. I guess Berding needs every ounce of help he can get, and fooling some voters into thinking he has the backing of the Democrats just may be another way the Enquirer can help.

Here is the full slate of Enquirer Endorsements:
Jeff Berding
Roxanne Qualls
Chris Bortz
Leslie Ghiz
Nicholas Hollan
Cecil Thomas
Kevin Flynn
Amy Murrary
Charlie Winburn

Yes, you read the last name correctly, Charlie Winburn. Did the Enquirer political writers push for this because they want the man in office because he will produce good quotes? He will add nothing if elected and will in fact be a force for retreat and destruction. Winburn is off the deep-end and will damage the city if elected.

I will say I am pleased to see two names on this lsit: Nicholas Hollan and Kevin Flynn. Both are good candidates that need help to win, but are people I want to see in future elections.

The fourths I mentioned in the the title reference how politically wide the Enquirer is going. They have three Republicans, two Dems, three Charterites, and one Independent. So, four parts, but not equal. There are three Women and two African-Americans. Five incumbents, three new challengers, one former council-member. With the exception of Winburn, this slate does average out in the middle, where most of the candidates may lean to the left or right, they are mostly moderate or mainstream on their political side of the spectrum. The Enquirer has long been called a Conservative Newspaper, and they are, on a national level, but with this slate, they are trying to appeal to everyone. That leads to something close to a big bowl of goulash, this bowl is a bit bland, without much spicy difference.

With this slate the Enquirer is trying to present a unifying team. The problem is that with candidates like Berding, Ghiz, and Winburn you are going to maintain the drama the Enquirer seems to loathe. Many, mostly on the right, blame this Summer's city budget circus on the "Majority Five," but the circus part was created, totally, by Ghiz, Berding, Monzel, and the FOP leadership out to save the raises of senior police officers. The City could have gotten the concessions at worst at the same point in time it actually happened, minus the circus, but instead Ghiz, Berding, and Monzel wanted to score political points and gain attention. It is too bad the Enquirer has rewarded two of the three for their theatrics with an endorsement.

This year's council race is going to be interesting for many reasons, but from an analytical perspective the area I am paying the most attention too is the power of the Republican/Conservative votes in the city. What good will the FOP, POWR PAC, and Enquirer endorsements do? What good does going on WLW's Bill Cunningham show actually do for a candidate in the City? Bottom line, did the trends of 2008 really come true, are we more of a liberal City/County? That will not become clear until the detailed results are reported after the election, but the speculation on that is already being tested.

Is This An Example of TMI?

I now have a man crush on Eric Deters. I don't always agree with him when he's on WLW, but if he ever wants to work a case with me (or let me work one with him) on this side of the river, I'd sign on in a second.

On City and County Consolidation

With the difficult budget choices facing both the City of Cincinnati and Hamilton County, leaders (and candidates for offices) in both governments have begun discussion the consolidation of services. One of the most talked-about targets for consolidation is the Prosecution Division of the City* Law Department, which currently prosecutes all misdemeanor offenses committed within city limits. While I've heard some talk about this, I've not seen any real discussion of what such a consolidation would mean in practice. I thought I'd address it here.

First, a primer on the way misdemeanors are prosecuted in Hamilton County: All misdemeanor offenses are handled in the Hamilton County Municipal Court, which generally occupies the first and second floor of the county courthouse. There are fourteen municipal court judges. The City staffs each courtroom with one prosecutor. The County (responsible for prosecuting most misdemeanors committed outside city limits) assigns one prosecutor to cover two courtrooms, but also has a couple of "floaters" and a supervisor. (These can help out if, for instance, a prosecutor has a room with a particularly long docket or a prosecutor has a trial or is out sick.) The County prosecutors spend their mornings rotating between their two rooms. (While they're in one room, the City prosecutor keeps the court in the other room busy. The arrangement makes sense, as the city's docket is generally--but not always--longer than the county's in any given courtroom.)

When people talk about "consolidating" the two offices, they generally are proposing the near-elimination of the City Prosecutor's Office. Let's be clear at the outset about "consolidation," then: it's political-speak for layoffs. It may be a good idea, but it means that people will lose their jobs. Note that I wrote "near-elimination," though. That's because Hamilton County wouldn't prosecute everything currently handled by the City. Anything charged under Cincinnati municipal code (rather than Ohio Revised Code) would still be handled by a City prosecutor. That means the marijuana and income tax laws. It also means the City's "housing docket," which is the result of the criminalization of Cincinnati's administrative building code. The same is true for other cities in the county. If a crime is committed in Norwood, for instance, is charged under Norwood's municipal code, and transferred from Norwood Mayor's Court to HamCo Municipal Court, then an attorney from the Norwood Law Department comes to the county courthouse to handle the prosecution. Cincinnati would have to make similar arrangements.

What would consolidation mean for the County? I suspect the County would have to add five to seven prosecutors to its municipal division. The judges, I imagine, would be unhappy if their courtrooms were at a standstill for long periods of time while their assigned prosecutor was in another room; the amount of cases alone would probably dictate at least one prosecutor per room. I'll admit that I don't know how fines and costs are distributed, and whether the City collects money from cases it prosecutes under Ohio Revised Code. If so, the City would lose that money and the County would gain it. Whether the loss exceeds the salaries paid to city prosecutors or the gain would exceed the extra salaries the County would have to pay is a good question.

So those are the nuts and bolts. But there are broader policy considerations to think about, as well. The American justice system vests prosecutors with enormous discretion about whom to charge; what to charge; and what type of plea bargain to offer. With respect to the vast majority of cases heard in municipal court, there is little or no difference in the "deal" a defendant would get from a city prosecutor versus what he'd get from the county. But there are cases--and certain charges--where there seems to be a policy difference. Talk about consolidation raises an interesting philosophical question: With whom would we prefer prosecutorial discretion to be vested? Should it be in an office at the head of which is an elected official, who is thus directly accountable to the citizenry? Or should it be an office further removed from the political process? Such decisions are well beyond my pay grade, but they ought to be raised by those presently in charge (or those who presently argue for consolidation). Cincinnatians should ask themselves whether there's value in having local (municipal-level) control of prosecutions. Or maybe they'd prefer to have these prosecutions handled by an elected prosecutor who can be voted out of office if his or his assistants' decisions don't sit well with the populace. Answering those questions is again, beyond me. But they're important questions to discuss before we make major alterations of our government in order to respond to a short-term budget crisis.

Finally, I should note that I'm told by life-long Cincinnatians that consolidation of the prosecutors' offices has come up several times over the last couple decades, and the idea has always fizzled out in the past.

* Yes, there is more than one city in Hamilton County. But for brevity's sake, I'll use "City" to refer to Cincinnati, unless otherwise specified.

Failed Leadership of the Past

When people ask where the backwards attitude of many Cincinnati Area residents comes from, you can point them to the failed leadership of the past from people like Tom "Status Quo" Luken. Add in Si Leis, Dusty Rhodes, the leaders of the FOP, Westwood Concern, and the members of COAST and one can see why Cincinnati's direction was for so long held back. We have moved forward in the last 5 or 6 years and are on the right track to a better Cincinnati. When you are voting this November, don't vote for the status quo of 1985 that Tom Luken longs for. Instead, look to the future. Look towards what Cincnnati could become, not towards a delusion a few are trying create based on a mthyical past, that never exsisted.

One specicfic way you can keep us moving forward is to Vote No on Issue 9.

#1 Ranked Miami Hockey Plays New Hampshire

The #1 ranked and 2-0 Miami University Hockey Team heads to New Hampshire this weekend for a series with the 0-1 Wildcats.

Challenging Schmidt From the Right, Seriously?

So, a far right Republican is going to challenge Jean Schmidt from the Republican nomination in the 2nd Congressional district's primary. This does nothing but help Democrats, so thanks to C. Michael Kilburn for helping drain Schmidt's campaign funds.

COAST Lying, Again? You Don't Say!

The Phoney Coney sniffs out the lies from COAST, yet again. Nothing anyone will be shocked about,we are talking about COAST after all, but the facts need to be put out there to counter the misinformation from COAST.

Rusty Ball Coming Soon

One of my favorite local bands (and certainly my pick for band with the best name), the Rusty Griswolds, will once again put on the Rusty Ball. The event is scheduled for Saturday, November 21 beginning at 8:00 at the Duke Energy Convention Center. Fifty bucks gets you in the door, four drink tickets served by celebrity bartenders, and an $89 room rate at the Hyatt so you can sleep off all the fun.

The Rusty Ball has a serious side, too. The proceeds of the event (in particular, $30 of your ticket price) will be donated to charity. And even better, the money will go to the charity of your choice. A quick look at the "beneficiary list" reveals a large, diverse group of charities that will be supported by the ball. Whether you're interested in curing cancer, helping people with mental illnesses, or supporting the family members of injured or killed police officers, there's an opportunity to help a charity whose work you admire. You choose the charity your money supports at the time you purchase your ticket (or you can choose to support all of the charities).

I'm sure we'll have more on this as the Ball draws near, but I wanted to point it out so you can mark it on you calendars now, if you're so inclined.

What A Country -- I Guess The Constitution Just Doesn't Apply In Some Places.

HAMMOND, La. (AP) — A Louisiana justice of the peace said he refused to issue a marriage license to an interracial couple out of concern for any children the couple might have. Keith Bardwell, justice of the peace in Tangipahoa Parish, says it is his experience that most interracial marriages do not last long.

Neither Bardwell nor the couple immediately returned phone calls from The Associated Press.

But Bardwell told the Daily Star of Hammond that he was not a racist.
"I do ceremonies for black couples right here in my house," Bardwell said. "My main concern is for the children."

Bardwell said he has discussed the topic with blacks and whites, along with witnessing some interracial marriages. He came to the conclusion that most of black society does not readily accept offspring of such relationships, and neither does white society, he said.

"I don't do interracial marriages because I don't want to put children in a situation they didn't bring on themselves," Bardwell said. "In my heart, I feel the children will later suffer." If he does an interracial marriage for one couple, he must do the same for all, he said. "I try to treat everyone equally," he said.

Thirty-year-old Beth Humphrey and 32-year-old Terence McKay, both of Hammond, say they will consult the U.S. Justice Department about filing a discrimination complaint.

Humphrey told the newspaper she called Bardwell on Oct. 6 to inquire about getting a marriage license signed. She says Bardwell's wife told her that Bardwell will not sign marriage licenses for interracial couples.

"It is really astonishing and disappointing to see this come up in 2009," said American Civil Liberties Union of Louisiana attorney Katie Schwartzman. "The Supreme Court ruled as far back as 1963 that the government cannot tell people who they can and cannot marry."

The ACLU was preparing a letter for the Louisiana Supreme Court, which oversees the state justices of the peace, asking them to investigate Bardwell and see if they can remove him from office, Schwartzman said.

"He knew he was breaking the law, but continued to do it," Schwartzman said.

According to the clerk of court's office, application for a marriage license must be made three days before the ceremony because there is a 72-hour waiting period. The applicants are asked if they have previously been married. If so, they must show how the marriage ended, such as divorce. Other than that, all they need is a birth certificate and Social Security card. The license fee is $35, and the license must be signed by a Louisiana minister, justice of the peace or judge. The original is returned to the clerk's office.

The Hut is Dead, Long Live Mayday

CityBeat has another good story this week about the the Gypsy Hut reopening as Mayday under new ownership. The Gypsy Hut crowd was not my crowd, but I'm looking forward to giving this new venue a try. Opening Night is October 24th with big show from the Lions Rampant, Oxford Cotton and Earthquakes (DJs Kendall Bruns and John Hogan).