MVSD INVESTIGATION Filing to get new judge takes 3 tries

The Ohio Supreme Court has rejected the former MVSD director's filing twice.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
WARREN -- Frank D. DeJute hopes the third time is a charm.
For the second time in less than 10 days, the Ohio Supreme Court refused to accept a filing from DeJute seeking the dismissal of visiting Judge Richard M. Markus from his $2.4 million civil lawsuit.
The first refusal was because DeJute, of Niles, a former director of the Mahoning Valley Sanitary District board, filed it as a letter to Chief Justice Thomas Moyer instead of as an affidavit with the court clerk.
DeJute did somewhat better the second time but still didn't get it right.
DeJute filed the affidavit Wednesday with the court clerk, but it was rejected because it did not meet two state requirements: The date of his next hearing, which is Dec. 17, was not included, and the affidavit was not properly notarized, said Richard Dove, the court's assistant director for legal and legislative services.
DeJute, a nonlawyer who is defending himself, said he got it right the third time around and sent it to the court clerk Thursday.
The first time it was rejected, DeJute found out the reason by reading the newspaper. When the court clerk rejected the filing a second time, DeJute said he was sent instructions on how to submit it correctly.
What's next: DeJute's request will be reviewed by Chief Justice Moyer, which could take up to 15 days, Dove said. DeJute asked that the matter be looked at quickly because his civil trial is set for Dec. 17.
DeJute wants Judge Markus to be removed because he has concerns about receiving a fair trial if the judge oversees it.
The Ohio attorney general's office filed separate $2.4 million lawsuits against DeJute; Edward A. Flask of Poland, another former MVSD director; and the Gilbane Building Co. of Rhode Island, which served as construction manager on the water agency's $50 million capital improvement program.
The lawsuits contend Flask and DeJute improperly paid Gilbane for construction work it did not perform at the agency. A federal judge dismissed the Gilbane case in October.
Flask filed for bankruptcy in October, three days before his trial was to begin, forcing it to be postponed.
skolnick@vindy.com