Challenger: Probate judge oversteps bounds in courtroom

Judge Maloney said he had to get tough because things had gotten too casual.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Atty. Maureen A. Sweeney says Mahoning County's probate judge lacks the proper demeanor to wear the robe and she wants to replace him.
Sweeney is challenging Judge Timothy P. Maloney, who is seeking election in November to a second term. The judge says he's been justifiably tough on people who appear in his courtroom.
Judge Maloney, a former Youngstown police officer, has been on the bench for six years. Before that, he served as a probate court magistrate for eight years under former Judge Leo Morley.
He also served five years as a law clerk in the 7th District Court of Appeals and was a Youngstown policeman for 12 years.
Sweeney said that long span of working in the public sector has left Judge Maloney out of touch with "regular working people," and that's part of why it's time for a change.
She also said Judge Maloney uses his position on the bench as a bully pulpit, often intimidating people who appear before him -- both lawyers and laymen.
Strict atmosphere
She stopped short of calling him a dictator, but said the judge has been overly harsh with people in his courtroom. Some lawyers, she said, have even been banned from appearing before Judge Maloney.
"I think that's slightly overstepping your bounds," she said.
Judge Maloney acknowledged he's been tough on lawyers since he took office.
"But it was time to get tough," he said. "Things were getting too casual."
He examined court files after taking office in 1997 and found that some 320 attorneys were delinquent in their filings on thousands of estates, trusts and guardianships.
He's held their feet to the fire since then and insisted on strict compliance with Ohio law and court rules. He has banned certain lawyers from practicing in his court until they come into compliance, which he said is allowed under the law.
Sweeney said the judge went overboard in writing the local court rules, creating an 82-page document for something most other probate courts cover in six or seven pages.
"We're a laughingstock all over the state because of that. I think he's a poor communicator," she said, noting that the rules are too complex, confusing and vague.
Maloney's response
Judge Maloney said he's only trying to tighten up rules that had become loose over the years before his tenure. Most lawyers need the specific guidance because probate law is highly technical and specialized, he said.
Of the 750 lawyers in the county bar association, only about 30 are good at probate law, he said.
He said Sweeney's' criticisms are a smokescreen to conceal the fact that she has little probate court experience. He said court records indicate that Sweeney has been involved in 24 probate cases, 10 of which are still pending.
If elected, Sweeney said she would implement a volunteer guardianship program to look after people's affairs in court.
Judge Maloney said he has made the court more accessible to the public through creation of a Web site, and he's working on making certain nonconfidential court records public through the Internet.
Since taking office, he's increased the court's work day from 71/2 to 81/2 hours, and from 40 to 421/2 hours a week.
He also cut the court's budget by 22 percent in 1997 and has kept it down since then. The judge said his 2002 budget is about the same as the court's budget in 1996, the year before he took office.
Judge Maloney said he's also opened up the application process for appointments to public positions such as township trustees and the Mill Creek Park Board.
bjackson@vindy.com