Lisotto to work during his case

Judge Lisotto doesn't believe the charges will hurt his credibility on the bench.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Judge Robert Lisotto won't step down from his bench in Mahoning County Common Pleas Court while a drunken-driving case is pending against him in a lower court.
"I'll come in [to work] every day," the judge said Thursday, sitting behind the desk in his office on the fourth floor of the county courthouse.
Judge Lisotto, 57, of Topaz Circle, Canfield, is charged with two counts of driving under the influence of alcohol and one count of failure to signal before a turn. The case is pending in Mahoning County's area court in Canfield.
Canfield police stopped the judge on Herbert Road in Canfield around 1:15 a.m. Wednesday after he had been seen driving erratically.
Judge Lisotto was on the bench Thursday, and said he has every intention of staying there during and after his DUI case. He would not discuss details of his arrest or the events leading up to it.
"Let's just put it this way. This should be a one-time thing that never comes up again," the judge said, declining to elaborate.
The judge said he doesn't believe his judicial credibility will be affected by his arrest.
"I think people will still accept me," he said. "This was a stupid thing that happens to people sometimes."
What state law says
Under Ohio law, the judge can't be removed from the bench if he is convicted because the charges against him are misdemeanors, not felonies.
The attorney who oversees discipline for Ohio's judges and lawyers says that's the same reason why Judge Lisotto does not have to step down from the bench while his case is pending.
Jonathan Coughlan, the Ohio Supreme Court's disciplinary counsel, said judges who are indicted on a felony charge are immediately disqualified from presiding over cases, although they still can be paid while their cases are pending.
Once the judge either is convicted or pleads guilty to a felony, he or she is suspended from the bench without pay.
There is no provision in the law that disqualifies a judge from holding court because of misdemeanor charges, Coughlan said.
Won't hear Hanni cases
Judge Lisotto said he will step aside from hearing cases in which Atty. Don L. Hanni Jr. is involved. Hanni is representing him on the DUI charge, so his appearance in Judge Lisotto's court would create a conflict of interest.
The judge said there are only a handful of Hanni's cases pending before him, one of which is a 1996 criminal case in which Hanni has asked Judge Lisotto to release John Sylvester of Boardman from prison, where he is serving seven to 25 years for attempted murder.
Hanni has accused former county Prosecutor James A. Philomena of trying to extort money from Sylvester's family as part of plea negotiations. The alleged actions happened after Philomena left office, when he was representing the victim in a possible civil lawsuit against Sylvester.
Judge Lisotto hasn't yet ruled on that request, and said he will now ask that the case be assigned to another judge for disposition.
bjackson@vindy.com