GIRARD SCHOOLS Lawyers try to put off trial

Officials said they did not know when judges would rule on the motions.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A trial to oust all five members of the Girard Board of Education will not begin Monday if lawyers for the school board get their way.
Attorneys representing the board filed motions Tuesday in the 11th District Court of Appeals asking appeals court judges to order visiting Judge Mitchell Shaker to delay the trial.
Judge Shaker, who is retired, is to preside in the trial in Trumbull County Common Pleas Court.
Appeals court officials said Tuesday they did not know when judges would rule on the motions.
Parents file motion: Several parents filed an action last month asking a judge to remove the school board members because they didn't inform parents about reported health problems at the intermediate school. Attached to the complaint was a petition signed by more than 1,600 voters.
Judge Shaker ruled Oct. 23 that the trial should begin Nov. 5. He also denied motions by school board attorneys to have the case postponed.
"They are just trying to have this delayed," said Atty. Sebastian Rucci, who represents the parents. "This should go to trial. If we can't prove our case, they will win."
Attorney issues: Attys. Lou Damiani and Bruce A. Zaccagnini, who represent the board of education, stated in the motions filed with the appeals court that during a hearing Oct. 19, Judge Shaker told attorneys that he was going to dismiss the action filed by the parents and was not going to allow Rucci to represent the parents.
Rucci is not licensed as an attorney in Ohio; he is licensed in California. Rucci, who has recently moved to Ohio, says he plans to take the state bar exam later this year. In order for Rucci to practice law in Ohio, a judge must give him special permission, court officials said.
Judge Shaker also told the attorneys "not to discuss his ruling dismissing the case with the media until he issued it," the motions state.
Trial to go on: Judge Shaker, however, issued written rulings Oct. 23 that Rucci could represent the parents and that the trial would go forward. Judge Shaker could not be reached to comment.
Damiani further states in the motions that the trial should not take place because according to state law a trial on a recall petition must be held within 30 days of the petition's being filed. The petition was filed Sept. 19, court records state.
The motion further states that Judge Shaker "not only ignored" provisions that the trial must be held in 30 days, but he also scheduled the trial to start the day before elections.
The parents have said they are unhappy with the way the board handled the problems at the school and believe the members should be removed from office.
The intermediate school was closed May 1 because pupils were becoming ill. It remains closed while work is done to correct the problems.