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Home > Blogs > Butler County News and Issues > Archives > 2008 > December > 12
Friday, December 12, 2008
Judge responds to sheriff’s proposed eviction denial
Judge Keith Spaeth, administrative judge in Butler County Common Pleas Court, issued this statement in response to Sheriff Richard K. Jones’ statement that he will not evict someone in winter months without finding them a place to go:
The General Division of the Butler County Court of Common Pleas has received a number of inquiries concerning how pending and future foreclosure cases will be handled following the Sheriff’s announcement on Tuesday that he would not honor a writ of possession (eviction) issued by the Courts. The Court intends to continue to hear foreclosure cases and issue orders in accordance with past practice, the law and each judge’s sworn duty. If, in the course of time, a public official is alleged to have intentionally disobeyed an order, the Court will be at liberty to respond and take necessary action to enforce its orders. The Code of Judicial Conduct prohibits a judge from commenting or forecasting how he or she may rule on a particular matter until it is actually litigated by the parties in open court. Judges are not at liberty to comment on hypothetical or threatened actions by parties or public officials until those matters are properly brought before the Court.
For purposes of clarification, very few, if any, landlord-tenant evictions (forcible entry and detainer) are handled by this Court. These types of actions are normally heard in the municipal and county courts. Of the foreclosure orders issued by this Court, only a small fraction result in an actual set out or writ of possession being executed by the Sheriff. In the Court’s experience, most homeowners in foreclosure voluntarily vacate the premises prior to the time it becomes necessary to forcibly remove them.
The judges appreciate the difficulty associated with displacing families from their homes in these difficult economic times. However, the judges have and will put their personal feelings aside and enforce the laws of the state in accordance with their sworn duty.
Judge Keith M. Spaeth
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