Tuesday, October 22, 2002
When Timothy P. Maloney became Mahoning County probate judge in 1997, one of his first official acts was to conduct an audit of the records of the court. What he found made him see red -- as in delinquencies. The records revealed that more than 300 lawyers were delinquent in filing almost 2,000 accounts for estates, trusts and guardianships. Financial institutions were also tardy in performing their legal duties pertaining to matters in the probate court.
Maloney cracked the whip. He ordered the lawyers and bank officers to come into compliance with state law and local court rules. Those that didn't or simply ignored his order were banned from the probate court.
Needless to say, this iron-fisted approach sent shock waves through the legal and banking communities. But Maloney insists that he is merely following the letter and the spirit of the law -- and if that upsets lawyers and trust officers, it's too bad.
"Any claimed issues of compassion, or lack of compassion, or of my being too hard on attorneys or others who are to serve the interests of the beneficiaries and others under the numerous estates, guardianships and trusts are really not issues," the judge wrote in the questionnaire sent to him by The Vindicator. "They are merely political distractions intended to detract from the real issue of experience."
We agree -- based on the way Maloney and his opponent in Nov. 5 general election, Atty. Maureen A. Sweeney, conducted themselves in separate appearances before Vindicator editors and writers.
Intimidator?
Sweeney, who is in private practice and formerly served as solicitor for Poland Village, made much of the fact that there are lawyers who have been banned from the probate court and that the judge intimidates people who appear before him. However, she stopped short of calling him a dictator.
She also contended that the court is "a laughing stock all over the state" because Maloney had developed an 82-page operational guide that spells out the rules and regulations he expects lawyers and others to follow. Sweeney noted that other probate courts have a document that is six or seven pages.
But Maloney, who served for eight years as a magistrate in the probate court before being elected judge, pointed out that probate law is highly technical and specialized and only about two dozen of the 750 lawyers in the Mahoning County Bar Association could be considered experts. Thus, most lawyers need guidance and a helping hand, which he offers on a regular basis.
We aren't as offended by the judge's attitude toward lawyers as Sweeney appears to be. Whether he is a popular judge or thought of as a team player is secondary to whether he knows that law and applies it fairly. We believe he does.
Indeed, his challenger does not question his credentials and certainly hasn't accused him of playing favorites.
We find that Maloney has demonstrated a willingness to make the tough decisions to change the way the court operates and that, along with his knowledge and experience, justify his re-election.