Retiring judge to stay a bit longer

The probate judge’s term expires Feb. 8, 2009.

By PETER H. MILLIKEN

VINDICATOR STAFF WRITER

YOUNGSTOWN — Judge Timothy P. Maloney of Mahoning County Probate Court, who had announced his intent to retire at the end of this month, plans to stay on the bench a little longer.

Judge Maloney, who announced his impending departure in June, said this week that he expects to remain at least until the end of October. The judge said he needs the extra time to ascertain details of his retirement from the state pension board and to resolve as many pending court cases as he can.

In his June letter expressing his retirement intentions to Gov. Ted Strickland, Judge Maloney asked the governor to appoint his successor soon enough for him to coordinate a smooth transition. Judge Maloney also offered to make himself available to advise the 11-member selection committee that will advertise the vacancy, interview applicants and recommend three finalists to the governor.

Whomever the governor appoints to the judgeship will have to run for election next year to a six-year term to keep the seat. Judge Maloney’s term expires Feb. 8, 2009.

Concerns

If the selection process takes three months after he leaves, as it did to replace Judge Maureen A. Cronin, Judge Maloney said it could create “a real mess’’ in the probate court, which has about 5,000 active cases. “I think it needs to be an expedited process,” he said.

Judge Cronin, who had been a Mahoning County Common Pleas Court trial judge, announced her retirement in May, with a July 1 effective date. Her successor, Timothy E. Franken, was named Sept. 21 and will be sworn in at 10 a.m. today in the county courthouse rotunda. In the interim, Judge Charles J. Bannon, a retired visiting judge, assumed pending cases that had been assigned to Judge Cronin.

Judge Maloney, who has been probate judge for 10 1/2 years, estimated his replacement will need about 30 days to acquire items such as stationery, file labels and signature stamps.

After sending his letter of intent to retire to the governor June 14, Judge Maloney said he heard nothing from the governor’s office for about six weeks — at which time the governor’s office reported it never received his letter. Judge Maloney said he then faxed a copy of the letter to the governor’s office and has heard nothing since then from that office.

“I hope I can have some conversation with someone from the governor’s office to have some meaningful dialogue because probate is a special-division court,” Judge Maloney said. The probate court handles numerous types of cases, including estates, guardianships, trusts, adoptions, name changes and commitments for mentally ill and retarded people, he said.

Selection process

The governor’s press secretary, Keith Dailey, said the selection panel to find Judge Maloney’s replacement, which will consist of six members from Mahoning County and five at-large statewide members, will likely be appointed within a few days from now. It takes time to find local volunteers to serve on the selection committee, he said.

The governor wants to “balance finding the most qualified applicant to serve the people of Mahoning County with moving expeditiously to fill the vacancy,” Dailey said. “The governor established the judicial appointments panel to work quickly and efficiently while also conducting a thorough review of the applicants.”

If there’s a void between Judge Maloney’s departure and the swearing-in of a new appointee, Chief Justice Thomas J. Moyer of the Ohio Supreme Court may temporarily assign a visiting judge to fill the seat, Dailey said.