CINCINNATI — The Ohio Fraternal Order of Police is calling on the Supreme Court of Ohio to change some rules for juvenile court. This is all in the name of public safety and transparency.
In a letter to Chief Justice Sharon Kennedy dated April 29, Ohio FOP President Gary Wolske brought up concerns about Ohio Juvenile Rule 9, which some refer to as the "unofficial docket." It's a rule that prioritizes avoiding formal court action, in favor of diversion programs like counseling. However, the state FOP brought up issues like "lack of clear standards" as well as "limited resources" when it comes to diversion, and "accountability and transparency."
"Our members are witnessing serious offenses being diverted without proper oversight or accountability," Wolske said.
It mentions Hamilton County and the Juvenile Court liaison from the Cincinnati Police Department tracking data involving juvenile offenses that end up on the "unofficial docket." Wolske wrote there are more cases involving juveniles who are charged with resisting arrest that are either dismissed or on the "unofficial docket," which he called an alarming situation.
"Resisting arrest is a crime of violence that should not be routinely dismissed or diverted under this rule," Wolske said.
We reached out to Hamilton County Juvenile Court and while officials didn't directly respond to the letter to the high court, a spokesperson addressed criticism from the Cincinnati FOP:
"The Court is not doing anything different than it's done in the past, including when Prosecutor Powers was administrative judge in Juvenile Court. To say serious charges disappear without a trace is simply incorrect. Charges only disappear when cases are dismissed by the prosecutor's office.
"Resisting arrest is a second-degree misdemeanor. Since the 1950s, Hamilton County Juvenile Court has offered children with misdemeanor charges the opportunity to have their cases diverted to an unofficial docket. All Ohio juvenile courts are permitted and encouraged, by the Ohio Supreme Court, to divert cases from the official docket.
"What the current Juvenile Court administration has changed is to decriminalize runaway conduct. The court has also agreed to work with Cincinnati Police about when it's appropriate to send non-injurious assaults and resisting arrest charges to the unofficial docket."
It also cited some statistics regarding resisting arrest charges, noting in 2022, there were 93 total charges with 31 dismissals (33%) after either a plea or request from the prosecutors. In 2023, it cites 85 total charges, with 24 dismissals (28%) after either a plea or request from prosecutors.
When it comes to the unofficial docket on resisting arrest charges, it said in 2022 there were 15 cases that averaged two hearings per juvenile — 12 of them were completed successfully and expunged and three were referred to "official" for failure to appear.
In 2023, there were 18 cases which averaged two hearings per juvenile. 17 of them were completed successfully and expunged. One of them was referred to as "official" for failure to appear.
"My son missed his entire summer and then some," said Tracey, who did not want to give her last name for fear of retaliation.
Her son was attacked in Washington Park in May 2023, leaving him unconscious.
"That's exactly what they did to my son and the brain injury we were told by Children's, I'm a nurse, was one punch away from a potential death," she said.
Her son and a group of girls were having a picnic when a group of teenagers started bothering them for a vape pen. Her son told them to leave them alone. In a cell phone video recorded by one of the friends in the group, one of the alleged attackers can be heard talking about what could happen.
“If I want to take it, I'll take it off you right now and I'll walk away like it did not happen. I'll strip you right now,” the audio recording reveals in part.
Police arrested one of the teens, who pleaded guilty to felonious assault. Tracey told us the teenager only showed up in person to one court hearing.
"The trial is the only time I've ever seen him," she said, adding that his mother or he would appear sometimes over Zoom.
WCPO confirmed in juvenile court in Ohio that both sides still have the option to appear over Zoom, but it's up to the judge or magistrate. Tracey feels that needs to change.
"It's a shame because these victims continue to be victimized," said Ken Kober, president of the Cincinnati FOP. "The problem that we're having with juveniles with gun violence now is something has to be done it has to be changed to protect these kids from themselves because right now there's no consequences for them committing violent crimes with guns."
"Somebody's going to die and I'm lucky my son wasn't killed or left with a serious brain injury," Tracey said.
The Hamilton County Prosecutor's Office released a statement Monday saying:
“We stand in agreement with the FOP’s concerns regarding the Juvenile Court’s lack of transparency in handling cases. Any statement claiming that these policies have been in place for years is false. While the court did utilize an unofficial docket when I served as Juvenile Court judge, it was only for first time offenders and cases were only transferred there after the prosecutor, police and victims received notice and the opportunity to object. That is no longer happening, and we now have no idea what is happening to the cases officers file. Since these cases are not being assigned case numbers, we cannot even appeal these decisions to a higher court. When we have asked for more transparency or for charges like resisting arrest to be removed from consideration for the unofficial docket, those requests have been flatly denied.
Simply put, these new policies of the Juvenile Court make us all less safe. They place police officers at greater risk as juveniles know there are zero consequences for fighting back or resisting a lawful arrest. If the court cannot be trusted to utilize its authority properly, we agree that it is time for the legislature to step in.”
Prosecutor Melissa Powers
We also received a statement from state Rep. Cindy Abrams (R- Harrison), who said:
"Voters have overwhelmingly voted to ensure prosecutors and law enforcement can do their jobs to protect citizens. Our judges are elected to uphold the law, including juvenile judges. Ohioans have the right to feel safe, to walk down their street or go to the store without fear. Victims have the right to be heard in the court of law. Crime is getting out of hand. It's time people are held responsible for their actions."
