Hanni Jr. found in contempt of court

The defense attorney should have called to say he was sick, the judge said.
By DEBORA SHAULIS
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Atty. Don L. Hanni Jr. says he'll let the 7th District Court of Appeals review a ruling by Judge R. Scott Krichbaum of Mahoning County Common Pleas Court, who found Hanni in contempt of court and charged him $300 in juror fees for missing a trial date.
"He's a good judge," said Hanni, 80, a lawyer for 53 years, a former Youngstown Municipal Court judge and former chairman of the county Democratic Party. "I just think that legally, he's wrong. It's nothing personal as far as I'm concerned."
Hanni's absence was disrespectful to the court and everyone involved, Judge Krichbaum said at a hearing Friday.
Hanni said he had a bad case of bronchitis.
Hanni was defense attorney for Christian Thomas of Mineral Ridge, whose trial on cocaine trafficking charges was to begin Feb. 8. Hanni did attend a pretrial hearing Feb. 1, the judge noted.
When Judge Krichbaum's secretary called Hanni's office Feb. 7 to confirm the trial's 9 a.m. starting time, she was told that a motion to continue would be sent by fax. That fax never arrived, Judge Krichbaum said, adding that he doesn't grant such requests on the eve of trials, anyway.
Daughter steps in
Hanni didn't show or call Feb. 8. His daughter, Atty. Heidi Hanni, was in court for another matter. Judge Krichbaum asked her to locate her father.
When the elder Hanni couldn't be found, Heidi Hanni stepped in and negotiated a plea agreement, Judge Krichbaum said. Thomas pleaded guilty to amended charges and was sentenced that morning to nine years in prison.
Judge Krichbaum then ordered Don Hanni to appear at a show-cause hearing to explain why he shouldn't be held in contempt.
Hanni apologized and gave Judge Krichbaum a letter of explanation from his doctor. Hanni said he intended to be in court but was so sick that "probably the least thing in my mind was the state of Ohio vs. Christian Thomas ... I was just too d---- sick to really concern myself about anything."
Had Hanni shown up, he would have been entitled to seek a continuance because the prosecution responded to his requests for information only two days before trial was to begin, the veteran lawyer said.
Judge's response
That wasn't the point of the hearing, however, Judge Krichbaum said.
"If ifs and buts were candy and nuts, we'd all have a Merry Christmas," Judge Krichbaum said, his voice rising. "I don't care if you're sick. ... If you're scheduled here, all you have to do is pick up the phone, or have somebody who knows what's going on pick up the phone. I'm sorry that you're ill, but I have to do something about people not showing up.
Police officers were in court to testify; prospective jurors were waiting; and the prosecuting attorney was "busting his butt ... and there's nobody to dance with. That's wrong, Mr. Hanni."
Judge Krichbaum ordered Hanni to pay $300 by Feb. 24. The amount represents the $10 that each of the 30 people were paid for reporting for jury duty Feb. 8.
Hanni was allowed to remain seated while addressing Judge Krichbaum. He walks with two canes these days, but his famous voice still resonates in a courtroom.
"At least I didn't get deported," Hanni said as the hearing concluded.