Opinion
No. 77-1262
Decided November 16, 1977.
Mandamus — Court of Common Pleas — Expenses — Duty of county commissioners to appropriate funds requested.
IN MANDAMUS.
Relators, judges of the Court of Common Pleas of Clark County, have filed an original action in mandamus against the Board of Commissioners of Clark County seeking to direct respondents to appropriate $16,482.07 from the general unencumbered funds of Clark County and transfer such funds to the payroll accounts of the court to "enable the court to perform its functions for the remainder of the calendar year 1977."
Respondents do not maintain that the court's budget of January 31, 1977, is unreasonable or that they do not have the funds necessary to comply with this request.
Cole, Cole, Harmon Crabill Co., L.P.A., and Mr. George W. Cole, for relators.
Mr. William D. West, Mr. Dennis E. Stegner and Mr. Allen M. Lehmpuhl, for respondents.
This court has stated in Zangerle v. Court of Common Pleas (1943), 141 Ohio St. 70, that "[c]ourts of general jurisdiction * * * possess all powers necessary to secure and safeguard the free and untrammeled exercise of their judicial functions and cannot be directed, controlled or impeded therein by other branches of the government." See, also, State, ex rel. Foster, v. Bd. of County Commrs. (1968), 16 Ohio St.2d 89. In addition, in State, ex rel. Edwards, v. Murray (1976), 48 Ohio St.2d 303, this court stated, at page 304, that "[t]here is no question that the administration of justice by the judicial branch of the government may not be impeded by the other branches of government in the exercise of its powers or that it is the duty of county commissioners to appropriate funds necessary to facilitate the administration of justice by the Court of Common Pleas and its subdivisions."
The amount requested by relators not being unreasonable, the funds necessary to comply with this request being in the treasury of Clark County, and relators having no plain and adequate remedy in the ordinary course of the law, the writ of mandamus is allowed.
Writ allowed.
O'NEILL, C.J., CELEBREZZE, W. BROWN, P. BROWN, SWEENEY and LOCHER, JJ., concur.
HERBERT, J., dissents.