MAHONING COUNTY Lawyer accuses probate judge of spiting her, his election rival

In a written entry, the judge said he was frustrated by inaction on a case pending since 1997.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A local lawyer said politics seems to be behind her removal from a case she was handling in Mahoning County Probate Court -- the same court she wants to oversee.
The judge who pulled her off the case said it was the lawyer's inaction that got her booted, court documents show.
Atty. Maureen Sweeney of Boardman is asking the 7th District Court of Appeals to block her removal, which was ordered by probate Judge Timothy P. Maloney.
Election foe: Sweeney is running against Judge Maloney in the November general election and said she believes that's why he ordered her to be removed from a guardianship case and refused to allow her to be paid fees for work she had done.
"I can't understand why he did this unless it had something to do with the election," Sweeney said.
Judge Maloney declined to comment because of rules that prohibit judges from talking about pending cases.
In a judgment entry dated March 29, the judge wrote that he took the actions out of frustration because necessary paperwork and accounting on the case were not getting done despite his repeated court orders.
"The administration of the guardianship has been unduly hindered and delayed, and the court is without further patience," the entry says. It also says Sweeney was "dilatory and neglectful" of court orders.
He ordered her removed from the case and assigned Atty. Edward S. DeAngelo as the new guardian. DeAngelo has notified the appellate court that he will file a motion opposing Sweeney's appeal.
What she says: In her request to the appellate court, Sweeney said Judge Maloney's entry is "fraught with misrepresentations and distorted facts," and that its tone indicates he is out to discredit her.
"Although one can only speculate why a judge would act in such an inappropriate way, it should be noted that the judge is being challenged in the next election by Attorney Sweeney," she said in court documents.
Sweeney said that she did comply with all of Judge Maloney's orders but that she was hampered because the court-appointed guardian in the case was unable to perform her duties.
She acknowledged there were long delays in the matter, pending since 1997, but she said none of them was her fault.
One delay resulted from a recommendation by a probate court magistrate that Help Hotline be appointed to replace the original guardian. Ten months later, an attorney for Help Hotline notified the court that it could not accept the appointment. Nothing was done in the meantime, which wasn't her fault, Sweeney added.
bjackson@vindy.com