Ethics panel dismisses judge's complaint

The committee said the complainant breached an agreement.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
YOUNGSTOWN -- The Mahoning County Bar Association's Campaign Ethics Committee dismissed a complaint filed by Judge Maureen A. Sweeney's opponent accusing the judge of violating the state's judicial conduct code with her campaign materials.
The committee issued the 12-page decision Monday stating that "there was no clear and convincing evidence that [Judge Sweeney] either recklessly or knowingly violated" the conduct code.
Judge Elizabeth A. Kobly of Youngstown Municipal Court filed a three-count complaint last week against Judge Sweeney of Mahoning County Common Pleas Court, claiming Judge Sweeney's campaign literature is misleading and overstates her qualifications.
The five-person committee determined that Judge Kobly failed to prove the complaints violated the judicial code through clear and convincing evidence after a hearing.
"The complaint was dismissed, and the committee didn't find cause against me," Judge Sweeney said. "I'm happy they did their due diligence and dismissed it."
Confidential matter
In its decision, the committee said Judge Kobly should not have issued a press release about the complaint because the two judges signed an agreement with the local bar association that any accusations of violating judicial conduct codes would be referred to the campaign ethics committee.
Also, until a decision on complaints is filed, the matters are confidential.
Judge Kobly acknowledged that error.
The committee also wrote that Judge Kobly violated the pledge by commenting on the charge to The Vindicator. Judge Sweeney had sought to dismiss the complaint because Judge Kobly went the newspaper with the complaint.
"We find the motion to dismiss [on that claim] to be not well-taken," the committee wrote. That's because Judge Sweeney responded to the complaint in the newspaper.
Judge Kobly said the committee found portions of Judge Sweeney's mailer to be misleading, but the problems don't rise to the standard of violating the judicial canons.
"There's not a lot I can do about that," she said. "I didn't agree it doesn't violate the canons, but I'll live with the decision."
Gov. Bob Taft appointed Judge Sweeney, a fellow Republican, to the common pleas bench July 28, replacing Judge Robert Lisotto, a Democrat who resigned because of a medical condition.
The winner of next week's election will fill the remainder of Judge Lisotto's term, which expires Jan. 1, 2009.
skolnick@vindy.com