MAHONING COUNTY Gains attempts to block judge

Judge Maloney cited a conflict of interest, but Gains said there isn't one.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Mahoning County Prosecutor Paul Gains says his office, not outside lawyers, should represent probate court Judge Timothy P. Maloney in a federal court case.
Gains has filed a complaint in Ohio Supreme Court to block Judge Maloney from using outside counsel, which Gains says was hired improperly.
Gains and county commissioners also have sought common pleas court approval, though, for Judge Maloney to use the same outside lawyers to defend him against Gains' lawsuit.
The case centers on a complaint filed against Judge Maloney last year by disbarred attorney Richard Goldberg, who is serving a 21-month sentence in the county jail for contempt of court. The sentence was imposed by Judge Maloney.
On Dec. 2, 2003, Judge Maloney issued a court order appointing a Cincinnati law firm to represent him in the matter. The prosecutor's office generally provides legal counsel for elected county officials, unless there is a conflict of interest.
Court order
In his court order, the judge said Gains' office had a conflict of interest in representing him because of unrelated, ongoing legal matters involving the county budget. Judge Maloney successfully sued commissioners last year over his budget appropriation.
Judge Maloney declined to comment, citing ethical rules that prohibit him from discussing pending legal matters.
Gains wrote in his complaint that since the budgetary matter is not related to the Goldberg case, there is no conflict so he should represent the court in the Goldberg matter.
"Our office can and should be representing him on this," Gains said. He declined to comment further because the matter is pending.
Gains wrote that under Ohio law, elected officials must petition the common pleas court for permission to hire outside legal counsel, and Judge Maloney didn't do that. The application is to be made by the commissioners' and prosecutor's offices.
Commissioners voted Thursday to seek permission from the common pleas court for the Cincinnati law firm to defend Judge Maloney, but only in the prohibition action brought against him by Gains. The cost is not to exceed $10,000.
bjackson@vindy.com