Garfield Heights judge says courthouse unsafe, urges relocation or major repairs

Presiding Municipal Judge DeCastro told Garfield Heights City Council on Feb. 10 that the municipal courthouse is unsafe and urged the city to pursue either major rehabilitation or relocation of court operations, potentially to Newburgh Heights.

“I believe that's an essential safety hazard,” Judge DeCastro said, referring to the building’s lack of a functioning fire-alarm system in large portions of the structure. She described recurring black mold, poor ventilation, lack of accessible restrooms and conditions in the courthouse basement that have required frequent temporary fixes.

The judge said the court has explored options for years and that the city lacks sufficient funds to rebuild a new facility now. She told the council the court’s caseload changed after a 2019 state law moved traffic-camera cases into municipal court, producing a large increase in filings that the court must handle. To reduce in‑person traffic and protect public health, Judge DeCastro said the court will maximize remote hearings for matters that allow it and is seeking temporary alternatives for jury trials and probation meetings if the building cannot be made safe.

Why it matters: Council members and city officials say the courthouse serves multiple municipalities and that fixes or relocation would carry direct cost and operational consequences. Council members who spoke during the meeting expressed urgency about safety and a desire to reach consensus on next steps while being mindful of the city’s budget constraints.

Councilwoman Pro Tem Collier told the judge and colleagues the courthouse conditions are “unacceptable,” and the council agreed to pursue committee-level follow-up. Councilman Smith said he favors a move to Newburgh Heights if that location and funding can be arranged; city staff said that any move would still require legislative and administrative steps, and that the state is unlikely to fully fund a new facility.

Details from the meeting

Fire alarms and safety: Judge DeCastro said an incident in which the building’s fire alarm sounded exposed a larger problem: two‑thirds of the courthouse does not have an operable fire‑alarm system, so many building occupants did not know a fire alarm had been triggered. She characterized the absence of alarms as an “essential safety hazard.”

Mold, ventilation and accessibility: The judge said black mold recurs despite prior abatement efforts and complained of no internal ventilation and non‑compliant restrooms that make the building inaccessible to people who use wheelchairs. She said those conditions create health risks for staff, defendants, probationers and jurors.

Caseload and jurisdiction questions: Judge DeCastro said the court’s typical annual caseload averaged “11 to 15,000” cases before the 2019 law; after the law shifted traffic‑camera cases to municipal court, she said the court began receiving far larger volumes of traffic cases. She reported that Newburgh Heights officials had indicated they would consider hosting the court if funding and legislative approvals can be secured.

Options under consideration: Law Director Milko Fieseck told the council the city has explored four paths: build a new courthouse (estimated about 15,000 square feet at roughly $700 per square foot, or about $10.5 million), build near the county campus, lease existing private space and fit it for court and police functions, or relocate court operations to another municipality (Judge DeCastro proposed Newburgh Heights). He said each option has tradeoffs and fiscal constraints, and that the city is compiling data to present to council.

Process and next steps: Council members asked for a work session or committee meeting within one to two weeks to get more detailed cost estimates, discuss temporary accommodations for court functions (jury trials, probation meetings) and consider whether to pursue state or other funding. Council and administration indicated they prefer consensus before taking a formal position. The law director said moving the court’s statutory designation would require state‑level changes and is not an overnight process.

Votes at a glance

During the same meeting the council adopted several ordinances and one resolution. Key outcomes recorded in the transcript (motions, movers/seconds, final tallies) were: ordinance 09‑2025 (cleaning agreement) — moved by Councilman Kelly, seconded by Councilman Smith, passed 7–0; ordinance 10‑2025 (hunger network agreement) — moved by Councilman Smith, seconded by Councilman Kelly, passed 7–0; ordinance 11‑2025 (Thornhurst Avenue reconstruction bidding) — moved by Councilwoman Collier, passed 7–0; ordinance 12‑2025 (dark fiber lease) — moved by Councilwoman Tompkins, passed 7–0; ordinance 13‑2025 (codified ordinance amendments concerning tax disbursements) — moved by Councilwoman O'Rourke, passed 7–0; resolution 5‑2025 (Black History Month recognition) — moved by Councilwoman Mack, passed 7–0. (Each of these ordinances was considered by title, suspension of the three‑reading rule was moved and approved, and emergency clauses/waivers were recorded as part of the posted votes.)

What the council and administration said

Law Director Milko Fieseck summarized financial estimates and the four options under review and said the administration is collecting the data council needs. Mayor Matt Burke’s office (represented at the meeting by Chief of Staff Jeff Rome) said the administration has authorized various repairs over recent years — HVAC, plumbing, paving and other work — and reported about $500,000 in expenditures to date; the statement also noted the administration will continue to seek solutions and provide updates.

Community impacts and practical constraints

Judge DeCastro warned that prolonged closures or repeated shutdowns for repairs risk missing statutory deadlines and delaying cases; she said the court will continue to use remote hearings where appropriate but that some functions — jury trials, in‑person probation supervision, evidentiary hearings — are difficult to perform remotely. Council members asked for clarity on employee impacts; the judge said employees would move with the court if a transfer to Newburgh Heights occurred and that Newburgh officials have indicated willingness to cooperate.

Ending

Councilmembers and city staff agreed to schedule additional committee-level and work-session meetings to gather cost estimates, safety assessments and timelines so the council can weigh repairs versus relocation without immediate commitment to increased taxation. Judge DeCastro said she is available for committee briefings and urged the council to act on safety issues such as installing alarm coverage and addressing accessibility while longer-term options are pursued.