Judge Richard J. McMonagle                                Court of Common Pleas

Cuyahoga County, Ohio

(216) 443-8675  Fax: (216) 348-4038



Rated excellent by the four major Bar Associations "superior choice for office, extremely well-qualified, with exceptional skills." - Judge4Yourself.com

Judge Richard J. McMonagle was born in Cleveland, Ohio on November 12, 1941.  Judge McMonagle and his wife, Paulette, are the parents of five children:  Gretchen Fenton, a graduate of Georgetown University, Washington, D.C., living in New York City and is now head of public relations for Chanel; Heidi Gunlocke, a graduate of Fordham University, Bronx, New York, and a resident of Jackson, Wyoming; Christopher, a graduate of Miami University, Oxford, Ohio, and Cleveland State University School of Law, Cleveland, Ohio and a member of the Cuyahoga County Prosecutor's Office; Helen Macauley, residing in Jackson Hole, Wyoming, a graduate of Trinity College, Hartford, Connecticut and is Coordinator for Family Drug Court; and the youngest Matt, is a graduate of the University of Vermont, Burlington, Vermont, resides in Fairview Park and is a graduate of Cleveland Marshall College of Law and an Attorney for Kelley & Ferraro LLP.  Judge McMonagle's wife, Paulette, is the Director of the Office on Aging for the City of Lakewood, Ohio.  They are grandparents of Emma and Owen McMonagle and Lucy Macauley.

Judge McMonagle graduated from Villanova University in 1964 and from Case Western Reserve University's School of Law in 1967.  He taught undergraduate law classes at Case Tech for 13 years.  He was in private practice from 1967 to 1979.  He was admitted to Federal Court in 1969 and was admitted to the United States Supreme Court in 1971.

Judge McMonagle was first elected to the Cuyahoga County Court of Common Pleas in 1978, re-elected in 1984 and again in 1990, 1996 and 2002.  During the election of 1990, he received the highest total vote for any candidate of the judiciary in Cuyahoga County.  Judge McMonagle has received the highest award for Judicial Excellence from the Supreme Court of Ohio for eight consecutive years.  He was named the Outstanding Jurist in Ohio in 1984 and 1990 by the Cleveland Academy of Civil Trial Attorneys.
 

Judge McMonagle was first elected by his fellow Judges as the Chief Administrative and Presiding Judge of the Court of Common Pleas of Cuyahoga County in 1997 and re-elected for the next 9 years.  As the Chief Judge he manages the docket, supervises and mediates disputes among the personnel of the Court and all other municipal courts and negotiates the budget with the County Commissioners.

 

Judge McMonagle has had the most current docket on the Common Pleas Bench of Cuyahoga for 12 of the last 29 years.  The Cuyahoga County Court of Common Pleas is the highest-volume court in the State of Ohio.  Judge McMonagle has settled more cases, both civil and criminal, over the last 29 years than any other court.  The settling of a case has a powerful ripple effect.  Settlement eliminates further litigation, time-consuming trials, appeals, and inconsistent jury verdicts.  The settlement of cases is the goal of nearly all litigants and judges.

 

In 1990, Judge McMonagle was named by the United States Federal District Court as the overseer of the Cuyahoga County Correctional Facility in charge of the retrofitting and new construction in the existing Correctional Facility, and the overall supervision of the population of said facility.  He was selected to this position by representatives of the Cuyahoga County Prosecutor's Office and the Criminal Defense Lawyers Association, and approved by Judge Alvin Krenzler of the United States District Court.

 

As part of his position of overseeing the Cuyahoga County Correctional Facility, Judge McMonagle monitored jail population, psychiatric care of inmates, content and use of the jail library, disciplinary procedures, food service, medical services, inmate communications by mail, telephone and visitation, heating, and programs for recreation, education, counseling and religious worship.  He was also directed by the Federal Court to conduct meetings pertaining to the building of another jail complex (later known as Jail II), and conducting a location search for Community-Based Correction Facility.  Judge McMonagle spent nearly 500 hours, independent of all obligations as Judge of Cuyahoga County Court of Common Pleas, while conducting his duties as a Court Monitor of the Cuyahoga County Correctional Facility.  He also testified at numerous hearings at the Federal Court pertaining to the Cuyahoga County Correctional Facility before Judges Krenzler, Lambros and Wells.

 

Prior to becoming Administrative Judge, Judge McMonagle was the Chairman of the Rules Committee of the Cuyahoga County Court of Common Pleas.  As the Chairman, Judge McMonagle has authored numerous changes in rules governing the Cuyahoga County Court of Common Pleas.  Among those were Rule 7, governing the security for costs; Rule 14, governing the Daily Law Journals; Rule 21, pertaining to alternate dispute resolution; and Rule 28, which simplified the bidding procedure in Sheriff's sales.  In addition, he put restrictions and possible contempt penalties on court-appointed appraisers to make them more accountable for their fees in both commercial and residential properties.  He also developed the Business Mediation Rule for complex cases.

 

Prior to being re-elected in 1984 and 1990, Judge McMonagle received the highest vote from the Cleveland Bar Association.  In 1990, he received the highest rating of any of the 57 judicial candidates; a 98% approval, which was the highest ever in the history of the Cleveland Bar Association.

 

In his last general election where he had opposition, Judge McMonagle received the endorsement of The Cleveland Plain Dealer as a "superior candidate."  The Plain Dealer stated:
 
"McMonagle has a reputation as a fair, hard-working jurist who has the respect of his peers.  McMonagle is a superior candidate and should be re-elected."

 

Judge McMonagle was named "best qualified" by the Cuyahoga County Bar Association.  Judge McMonagle was designated as "preferred" and also was the only Common Pleas candidate to receive the four-star endorsement of the Citizens League of Greater Cleveland.  The Citizens League stated:

 

" . . . superior candidate for this office, extremely well-qualified, possessing exceptional government leadership skills."

 

The Call and Post endorsed Judge McMonagle and named him as having led a distinguished career on the Cuyahoga County Court of Common Pleas.  The Call and Post stated:

 

"He is fair-minded, and goes beyond the call of duty to insure that his criminal defendants are treated justly and humanely.  We as a community cannot afford to lose Judge McMonagle, and he is deserving of our strong support."

 

The student publication of Cuyahoga Community College Metro, The Mosaic, said:

 

"Judge McMonagle should be commended and respected for doing his job faithfully, honestly, and without being influenced by fame and fortune.  This country could use more such men."

 

 
HONORABLE RICHARD J. McMONAGLE

ACCOMPLISHMENTS AS ADMINISTRATIVE AND PRESIDING JUDGE SINCE 1997

 

Judge McMonagle was able to secure from the County Commissioners funding so that there are 34 Staff Attorneys to assist the 34 judges.  Prior to that, there were 14 Staff Attorneys, which meant that most judges shared Staff Attorneys.  The effect of this was greater efficiency in the Court and the expediting of many cases.

 

Judge McMonagle also helped bring the Court into the 21st Century by directing the constructing on each floor, offices for secretaries and schedulers along with data processing equipment, faxes and copy machines instead of having all this in a single pool on a separate floor.TECHNOLOGY

 

Judge McMonagle in conjunction with Clerk of Court’s Office was able to coordinate both the civil and criminal dockets being placed online.

 

Judge McMonagle restructured the Arraignment Room by providing for televised arraignment of incarcerated individuals thereby alleviating any security risk by mixing the incarcerated and individuals who are free on bond.

 

He oversaw the construction of a new Grand Jury facility on the third floor of the Justice Center and then retrofitted the existing Grand Jury rooms for a new training facility for the staff of Cuyahoga County Court of Common Pleas.  Judge McMonagle alone negotiated the funding of the facility.  Also, the two new Grand Jury rooms will be fully ADA compliant and will be available to the judges for cases with a unique need for such a facility.  The savings realized by the taking of guilty pleas from local prisons, coordinated with Public Defender’s Office and Prosecutor’s Office has saved the County hundreds of thousands of dollars.

 

The Technology Committee established by Judge McMonagle has been working with other branches of the county (Sheriff's Department, Clerk of Courts and the Prosecutor's Office) in development of a computerized network with access for all those involved.  Through Judge McMonagle, the Court was able to secure over $5,000,000 from the County Commissioners for the establishment of this 21st Century technology.

 

All the Committees have established rules the last three years which have streamlined the efficiency of the Court.  Cuyahoga County Common Pleas Court is the most efficient Court in the State of Ohio and is the fifth most current Court in the United States according the National Conference of Metropolitan Courts.

 

Judge McMonagle also in 2005 established the method for facsimile filing of pleadings in the Court of Common Pleas.

 

Again, in his first year since leaving as Administrative Judge and managing his own docket, Judge McMonagle disposed of more cases than any other judge on the Common Pleas bench.


DRUG COURT

Judge McMonagle was able to secure a Drug Court Grant from the Justice Department for the establishment of a Drug Court for the Common Pleas Court.  When the judges of the Common Pleas Court rejected the grant, Judge McMonagle then re-applied with the Justice Department to have that money transferred to the Cleveland Municipal Court for the establishment of the Greater Cleveland Drug Court.  Judge Larry Jones and Congresswoman Stephanie Tubbs Jones were a great help in establishing this Drug Court.

ASBESTOS DOCKET 

Judge McMonagle established an entirely separate docket for the Court i.e. The Asbestos Docket.  This docket was dormant for a number of years prior to Judge McMonagle=s election to Administrative Judge.  Since then, this docket which is funded primarily by the Supreme Court of Ohio, has become the Model of Asbestos Courts in the United States.  The docket, which is administered by Judge Harry Hanna and Judge Leo Spellacy on a twin track scheduling system is now, separately, the largest docket in the State of Ohio with over 27,000 cases.  Lawyers from throughout the United States have participated in the litigation involving injury from Asbestosis.  Each case averages approximately 90 defendants.  Through the Asbestos judges, the Court has installed an electronic filing system (CLAD).  The result is basically a paperless docket.  For instance, just in October 1998, there were 100,657 pleadings filed.  By use of the CLAD System, there would be only 13,000 pleadings filed! 

FORECLOSURE DEPARTMENT 

Judge McMonagle in 2002 -2003 added two new Foreclosure Magistrates to help lighten the increased docket burden at no extra cost to the taxpayers.  In the spring of 2005, Judge McMonagle met with Georgine Welo, Mayor of South Euclid and representatives of the banking agencies and established the funding for five new Magistrates by directing the filing fee for outstanding foreclosure cases be paid by the banking institutions themselves.  The result of this initiative by Judge McMonagle has resulted in a much quicker disposition and identification of foreclosure cases and properties.  All at no extra County expense.

 

Judge McMonagle initiated the one-week jury system whereby jury service is reduced from the original two-week period to one week.  Also, the jury fees for services were nearly doubled, now being the amount of $25.00 per day instead of the original $15.00 per day.  If jury service exceeds one week, then jurors receive $35.00 per day.  Also, Judge McMonagle oversaw the design of the new jury assembly area which included a silent room and an area for those prospective jurors to do work on personal computers.

PROBATION DEPARTMENT 

In 1997, Judge McMonagle campaigned for and negotiated a 30% increase in starting pay from the County Commissioners for newly appointed Probation Officers.  Judge McMonagle has led an effort to restructure the Probation Department by the appointment of five Probation Managers to oversee the five newly delineated Probation Divisions.  The goal is accountability for a Probation Department employee.

Judge McMonagle was instrumental in many educational programs to help the existing Probation Officers including payment of tuition for up to $1,000 for qualified Probation Officers who are seeking further education or training, as well as, to prepare for future advancement.

MENTAL HEALTH COURT 

Judge McMonagle, through a request by the Cleveland Police Department and the County Commissioners developed a Mental Health Court.  It is estimated that 80% of the homeless population have mental health problems and the County Jail has a separate pod for individuals with those mental health problems.  Five judges now manage that Court for the special people on that docket. 

SECURITY

On September 12, 2001, the day after terrorist attack on the United States, Judge McMonagle called together representatives of the County Sheriff's Office, Cleveland Police, Central Services and County Commissioners and developed a security plan for the Justice Center.  This meeting involved nearly 30 individuals, each with their own personal/political agenda.  A security/evacuation plan was coordinated within two weeks.

FUGITIVE SAFE SURRENDER

In the summer of 2005, Judge McMonagle along with Pete Elliott, the U.S. Marshal, managed and coordinated both the Judges of Common Pleas Court, Clerk’s Office, Public Defender’s Office, Prosecutor’s Office and many suburban agencies to establish “Fugitive Safe Surrender Initiative” which resulted in the surrender and the resolution of hundreds of felony cases of individuals who had outstanding warrants in the community.  Some as old as 20 years!  The plan was coordinated with Dr. C. Jay Mathews of the Mt. Sinai Baptist Church.

FISCAL RESPONSIBILITIES 

In 2002, the economy of both the State of Ohio and Cuyahoga County began to seriously affect Court Services.  The Board of County Commissioners demanded personnel cuts in all County divisions.  Judge McMonagle began a number of programs to prevent the lay off of personnel by the implementation of the following measures:

Assigned Counsel

Judge McMonagle signed an Executive Order in January and again in April of 2002 reducing the amount paid to assigned counsel by 10%.  Judge McMonagle determined that 91% of all 1st and 2nd degree felonies were assigned to private counsel.  He then implemented a plan that was approved by his fellow judges wherein 40% of all assigned felonies would go to the Public Defender’s Office.  That is to say, the number of the higher paying 1st and 2nd degree felonies that normally would have been given to assigned counsel was reduced by 40%.  The savings per year to the taxpayers is over $1,000,000.00 and no employees had to be laid off because of the budget crisis.  This program continues to date.

3-D Program

Judge McMonagle also developed a program wherein a representative of the Prosecutor’s Office and the Public Defender’s Office would begin working at 4:00 A.M. to determine if individuals who had been arrested earlier that day were eligible to plead guilty that same day in front of Judge McMonagle.  These individuals would only be eligible if they had low-level felonies.  This unique program was successful through the year 2004 and 2005 and saved taxpayers through jail reduction and assigned counsel fees, a minimum of $315,000.00.  This program has been discontinued.

EAPS  (Early Arraignment Plea & Sentencing)

Judge McMonagle expedited the Early Arraignment Plea and Sentencing Program from prisons by the use of the video conference in the new training facility.  This program reduced jail time, transportation, attorney fees, and security costs by an estimated $320,000.00 a year.  Also, the use of this facility in Mental Health hearings has greatly reduced costs to the County.

Foreclosure

On November 16, 2005, the Common Pleas Judges’ accepted a proposal by Judge McMonagle, then the Presiding/Administrative Judge, wherein a Special Projects Fund, pursuant to O.R.C. 2303.201(E), was created and the Court was able to secure an additional filing fee from the lending institutions to facilitate the more efficient movement of foreclosure cases.  This Special Project Fund concept was created at a meeting called by Judge McMonagle with Mayor Georgine Welo of South Euclid, and Attorney Richard McNellie who represented many of the banking institutions.  The volume of foreclosure cases in Cuyahoga County had reached a crisis point.  Each year for nine years, the main Budget Request to the Commissioners by Judge McMonagle was for additional Magistrates for the Foreclosure Department.  Each year that request was denied.  As a result of the creation of this special fund, the additional increase in the filing fee began a “gift that keeps on giving”.  The funding permitted the hiring of an additional five Magistrates, two full time staff persons for the Sheriff’s Department, and two full time persons for the Clerk of Court’s Office! This fund has continued to grow and has actually funded a recent $750,000.00 renovation in the Courthouse Square Building which houses the Foreclosure Department at no cost whatsoever to the taxpayers.  This project will then free up space in the Justice Center for future needed improvements.  The Cuyahoga County Board of Commissioners has yet to fund any amount for the Foreclosure Department thereby saving the taxpayers’ money.