MAHONING COUNTY There's no more money for judge, official asserts

Judge Dellick's lawyer planned to file a contempt of court motion today.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Mahoning County Commissioner Vicki Allen Sherlock has gone to the mat fighting what she says is an unfair ruling from the Ohio Supreme Court. She might have to decide whether she's willing to go to jail over it.
"Obviously I don't want to do that," Sherlock said. "I guess that's something I would have to think about."
Lawyers for Judge Theresa Dellick of juvenile court had given commissioners until Thursday to comply with a Supreme Court order to provide the juvenile court with an additional $2.3 million for this year.
Commissioners had a similar order to ante up an additional $172,000 for the probate court, which they approved during their meeting Thursday.
But Sherlock said the county can't afford to comply with the juvenile court order without devastating other general fund departments whose budgets would have to be pillaged.
Lawyer's response
Now Judge Dellick's lawyer said he'll seek to have commissioners held in contempt of court for not providing the money.
"I think it's time to draw a line in the sand and say enough is enough," Sherlock said. She doesn't think commissioners should pay the $2.3 million, nor should they negotiate a lower payment with the judge.
"I think that is ludicrous," Commissioner David Ludt said. "That is nothing but politics. Take the rhetoric and park it."
Ludt said commissioners had their day in court and lost and now should negotiate with Judge Dellick to settle for a lesser amount. He's already met with her on his own and says his colleagues should join him at the bargaining table.
"I took an oath to uphold the law," Ludt said. "The law is that she won and we lost."
Atty. John B. Juhasz, who represents Judge Dellick, said he will file a motion with the high court today seeking to have commissioners held in contempt of court for failure to provide the funding.
"I'm amazed to actually hear somebody stand up at a public meeting and declare that they are not going to follow the law," he said.
Supreme Court spokesman Chris Davey would not discuss this case specifically since it is still pending, but there are no rules to limit what sort of punishment the court could mete out for contempt. In most cases, though, he said a fine is imposed.
Discretion
"Judges in Ohio have wide discretion in ordering sanctions for direct contempt of court. In extreme cases, that could include jail time," Davey said. "It would have to be an extreme case."
Commissioner Ed Reese said the board will have to talk with Prosecutor Paul Gains about what to do once Juhasz files the contempt motion.
"I'd prefer that it be resolved," Gains said. "If this judge is willing to compromise on that court order, then I think it should be resolved."
Judge Dellick has said she would be willing to meet with commissioners to work out a solution that will meet her needs for the rest of the year while minimizing the impact on the rest of the county's budget.
Sherlock and Reese have said they're not interested in such a meeting, but Ludt said it's necessary.
"The law spoke, and we lost. It's time to negotiate," he said.
bjackson@vindy.com