MAHONING COUNTY Attorney appeals his ban from probate court



The appellate court is being asked to rule that the probate judge went too far.
YOUNGSTOWN -- A local lawyer, barred from working in Mahoning County Probate Court, is seeking relief from the 7th District Court of Appeals.
Atty. Marshall D. Buck says Judge Timothy P. Maloney of probate court does not have legal authority to ban lawyers from court. He is asking the appellate court to overturn Judge Maloney's ruling.
The motion, filed on Buck's behalf by Atty. Margo R. Stoffel, says Judge Maloney's decision is "unauthorized by law" and that he has "usurped his jurisdiction."
What happened
Court documents say Buck represented a family in a wrongful-death claim in 1996. A settlement was reached on behalf of Buck's client.
Judge Maloney wrote in a judgment entry that Buck did not have the settlement approved in probate court as required by Ohio law.
The entry says that Atty. JeAnne Longenhagen, who is Buck's wife and who also worked on the matter, did not report the settlement to the probate court.
In October, Judge Maloney wrote a judgment entry saying there were "serious improprieties" in the administration of the estates. He barred both Buck and Longenhagen from further practicing in his court until the matters are cleared up.
The request for the court of appeals to reverse Judge Maloney's decision was filed only on Buck's behalf.