SUPREME COURT DeJute loses bid to drop judge

The judge overseeing the former MVSD director's case said he has no bias against anyone in the civil lawsuit.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
WARREN -- The Ohio Supreme Court's chief justice says there is no justification for Frank D. DeJute's request to have a visiting judge overseeing his $2.4 million lawsuit taken off the case.
In his entry Monday, Chief Justice Thomas Moyer dismissed DeJute's request, writing that it did not "establish the existence of bias or prejudice."
DeJute, of Niles, a former Mahoning Valley Sanitary District board director, filed an affidavit of disqualification Dec. 7 seeking the removal of visiting Judge Richard M. Markus from his case. Judge Markus was appointed by Chief Justice Moyer to DeJute's case.
In his response to DeJute's filing, Judge Markus wrote that because DeJute is not a lawyer, but is defending himself, he "may not fully understand some procedural matters that his letter addresses."
Judge Markus also wrote that he has "no bias or favor for or against any party in this case."
Chief Justice Moyer usually takes a few days to rule on affidavits of disqualification, but took only a few hours to dismiss DeJute's request.
Reaction: DeJute said the decision came as no surprise.
"He appointed Markus to the case," DeJute said of the chief justice. "How are they going to remove him? How can [Judge Markus] be fair? He's retired, he's not elected and he doesn't answer to the public."
The Ohio Attorney General's Office filed separate $2.4 million lawsuits against DeJute; Edward A. Flask of Poland, another former MVSD board member; 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 MVSD. A federal judge dismissed the Gilbane case. Flask's case is on hold because he declared bankruptcy.
Accusation: DeJute's trial is set for Jan. 7. Judge Markus and the attorney general have accused DeJute of stalling, something DeJute strongly denies.
"I have never done anything ever to delay this case whatsoever," he said. "I filed motions on time. I asked for his disqualification on a timely basis. I've never tried to delay this case."
skolnick@vindy.com