MAHONING COUNTY Judges Krichbaum, Smith disagree over cause of delay of rape trial

The two judges see the problem from different points of view.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
YOUNGSTOWN -- Judge R. Scott Krichbaum was in a foul mood.
"This was not how I expected to start my day," he said.
He had to delay a rape trial he was presiding over in Mahoning County Common Pleas Court on Wednesday because Ted Macejko Jr., the defendant's attorney, was tied up with a domestic relations court case.
"Even though they knew he has this trial, and it takes priority, he's there," Judge Krichbaum said of domestic relations court. "This has inconvenienced this jury and wasted the time of the citizens of this county."
The judge said this happens constantly and he plans to file a grievance with the Ohio Supreme Court against Debra Kaufmann, the domestic relations court magistrate overseeing the case involving Macejko.
"I've had this happen before," Judge Krichbaum said. "Disrespect is shown by causing delays here. It's intolerable. That's what it is. This trial has priority."
Judge Smith's view
Judge Beth A. Smith of domestic relations court said Judge Krichbaum has it all wrong and the problem could have been corrected had he called her.
"I regret the negative comments, but he wasted taxpayers' time to rant and rave," she said.
Judge Smith said the problem was caused by Macejko, who never told anyone in domestic relations court that the rape trial in Judge Krichbaum's court was rescheduled from 10 a.m. to 8:30 a.m.
Macejko filed a motion to postpone the hearing late Tuesday. Instead, the court's assignment officer contacted the attorney's office to see if he could come in at 8 a.m. for the Wednesday hearing.
Macejko said he was told to come in at 8 a.m., but Magistrate Kaufmann was late and didn't arrive until about 8:20 a.m.
"If that magistrate had showed up at 8, we could have had it done in 20 minutes," Macejko said.
Judge Krichbaum had his bailiff, April Sicafuse, call domestic relations court at 8:45 a.m. and again at 8:49 a.m. asking that Macejko come to his court immediately, Judge Smith said.
"Magistrate Kaufmann acted appropriately by immediately advising Atty. Macejko of a phone message ... that he was wanted in [Judge Krichbaum's] court immediately," Judge Smith said. "Atty. Macejko continued a dialogue on the case in question for approximately two minutes and left the hearing with the full permission of the magistrate."
Judge Smith said she respects all judges and realizes that criminal matters come before civil ones.
"I have never had, to my knowledge, a problem with Judge Krichbaum or any of the other general division judges in this regard," she said.
Judges Krichbaum and Smith squared off against each other in a 1990 race for a seat won by Judge Krichbaum in what was at times a bitter campaign.
skolnick@vindy.com