YOUNGSTOWN Supreme Court refuses to reconsider search ruling

A November 2000 ruling by the 7th District Court of Appeals will stand.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- The Ohio Supreme Court has rejected a request to reconsider its September ruling against Judge Timothy P. Maloney in the illegal search and seizure of Richard Goldberg's property.
The high court ruled Sept. 5 that Judge Maloney, of Mahoning County Probate Court, was wrong when he ordered the search and seizure last year.
The judge asked the Supreme Court to reconsider, arguing that there were deficiencies in the ruling. The court rejected that request earlier this week.
Judge Maloney could not be reached to comment.
More than a year ago, Judge Maloney ordered authorities in Mahoning and Trumbull counties to search Goldberg's Liberty Township home, his Canfield law office and at least two storage buildings.
What was sought: They were looking for items that could have been purchased with money Goldberg stole from clients. Goldberg is serving a federal prison sentence for keeping millions of dollars that should have been paid to clients in civil lawsuit settlements.
Judge Maloney intended to seize any items bought with ill-gotten money and use the proceeds to repay Goldberg's victims.
Goldberg's family appealed to the 7th District Court of Appeals, which ruled that while the probate court does have authority to order such a search, Judge Maloney went about it in a way that violated the family's civil rights.
Court's ruling: The appellate court ruled that since Judge Maloney initiated the action, he should have filed an affidavit with another judge and sought independent approval.
It also said he failed to provide a bond or other security to compensate the family in the event the procedure was overturned.
That ruling was appealed by the judge to the Supreme Court, which upheld the court of appeals and ordered that the seized items be returned to the family.
bjackson@vindy.com