MAHONING COUNTY Judge finds Boardman attorney in contempt of court

The lawyer will no longer receive court appointments in municipal court.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Boardman attorney Richard Olivito, who failed to appear for a client's trial in municipal court, has been found in contempt of court and will be sentenced in January.
Judge Robert P. Milich held a contempt hearing Friday and listened to Olivito's explanation for being absent Sept. 23 and not calling. The lawyer's client, Charlene Maple of Gypsy Lane, who also didn't show, had been set for trial at 11 a.m. on a charge of driving under suspension.
The judge had his secretary testify about her efforts to contact Olivito that day. She said she called Olivito, who informed her that he had another matter that took precedence but would be able to come to court at a later time.
Olivito said that on Sept. 23 he had to be at the Trumbull County grand jury, where he had witnesses for the case of a Warren man; had another client in Warren Municipal Court; and was also due in Campbell Municipal Court. The case in Campbell was reset, he said.
The lawyer spoke about the social implications of the first two cases, which he said involve allegations of police brutality. Judge Milich said those cases were not the issue. He said Olivito breached his responsibility as an attorney.
Apology given
Olivito said he "oversighted" the judge's court and apologized.
He said that when he spoke to the judge's secretary, he told her he could make it by 1 p.m. Sept. 23. He also said the assistant prosecutor had offered to try to find another lawyer to substitute.
Judge Milich said his court doesn't routinely let lawyers substitute the day of trial, at the last minute. He said it was Olivito's responsibility to be in court with his client.
The judge said there's a saying: "Your lack of planning doesn't make it my emergency."
Judge Milich found Olivito in contempt, continued his $1,000 bond that was set last week and ordered a presentence investigation. Olivito will be sentenced Jan. 7.
Bassil Ally, an assistant city prosecutor, said Olivito faces up to six months in jail. Ally said the lawyer's contempt hearing was unique because although there are occasional show cause hearings, there haven't been any contempt hearings in Judge Milich's court.
Judge Milich's bailiff said the judge has issued a handful of warrants this year for lawyers who were late for court and held show cause hearings. At the hearings, the lawyers paid the $60 warrant fee and apologized, the bailiff said.
Other situations
Judge Milich said Olivito's record shows that he was found in contempt last year by municipal Judge Robert A. Douglas Jr. In September 2002, Judge Douglas fined Olivito $100 for failing to appear for a client's trial.
Judge Milich also inquired about what he understood was a similar contempt finding by Warren Municipal Judge Terry Ivanchak.
In August, Judge Ivanchak found Olivito in contempt of court for his actions during a hearing for a 29-year-old Warren man whose arrest in June was videotaped by a neighbor. Judge Ivanchak ordered Olivito to make a $100 payment to the charity of his choice.
Olivito told Judge Milich that he and Judge Ivanchak discussed the matter in chambers and the contempt was expunged. The Warren Municipal Court administrator said the judge purged Olivito's contempt hearing once the fine was paid.
Judge Milich told Olivito that he has been removed from the list of attorneys assigned to represent Youngstown municipal court defendants. Defendants who cannot afford an attorney are given attorneys appointed by the judges.
The decision was made individually by all three judges based on Olivito's record of appearing late, Judge Milich said.
Olivito said he wanted off the list because he is too busy.
meade@vindy.com