YOUNGSTOWN Judge orders lawyer to undergo mental evaluation

By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Boardman attorney Richard Olivito must submit to a mental health evaluation by March 8 or spend 30 days in jail for contempt of court.
At sentencing Friday in municipal court, Judge Robert P. Milich listened patiently as Olivito explained why he declined to have the evaluation that his Warren lawyer, Maridee Costanzo, had agreed would take place. The sentencing had been postponed until Friday, based on Costanzo's agreement a month ago with Judge Milich that Olivito would have the mental assessment.
Olivito said he wasn't in the judge's chambers last month when the agreement was reached and doesn't believe a mental evaluation is warranted. He also said that he asked Costanzo to not represent him at sentencing Friday.
Costanzo, who had tears in her eyes, then sat with Boardman attorney John B. Juhasz, who was in court as a representative of the Mahoning County Bar Association courts' committee. Juhasz said after court that he had discussed with Olivito the need to manage the scheduling of his court cases.
Court appearance
Last October, Judge Milich found Olivito in contempt of court for being absent for his client's Sept. 23 trial on a charge of driving under suspension and not calling.
Olivito apologized then and again Friday, saying he had to be at the Trumbull County grand jury on Sept. 23 for one client and had another client in Warren Municipal Court that same day.
Olivito, his hands stuffed in his pockets, spoke at length Friday to Judge Milich about his dedication as a lawyer, his past accomplishments and his commitment to his clients.
Olivito ended by saying that he considers Judge Milich a friend.
The judge then sentenced Olivito to 30 days in jail but stayed the sentence until March 8. If Olivito fails to undergo a test of his mental competency before then, he will go to jail for 30 days.
"It's up to you," the judge told Olivito.
After court, Olivito was asked if he would submit to a mental health evaluation.
"I don't want to comment now," he said. "I will say that I have no animosity toward these courts."
Removed from list
Last October, Judge Milich told Olivito that he had 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 at the time.
Olivito was found in contempt in 2002 by Youngstown Municipal Judge Robert A. Douglas Jr., who fined Olivito $100 for failing to appear for a client's trial.
In August 2003, Warren Municipal Judge Terry Ivanchak found Olivito in contempt of court for his actions during a hearing for a Warren man whose arrest was videotaped by a neighbor. Judge Ivanchak ordered Olivito to make a $100 payment to the charity of his choice.
The judge purged Olivito's contempt hearing once the fine was paid, the court administrator said.
meade@vindy.com