Three judges appointed to hear funding lawsuit

Three Canton-based judges will hear the probate judge’s lawsuit.

staff report

YOUNGSTOWN — Three visiting appeals-court judges have been appointed to hear the budget dispute between Mahoning County Probate Judge Mark Belinky and the county commissioners.

Chief Justice Thomas J. Moyer of the Ohio Supreme Court has assigned Judges Sheila Gibbons Farmer, William Brian Hoffman and John Wheeler Wise, all of Ohio’s 5th District Court of Appeals in Canton, to preside in the 7th District Court of Appeals to hear this case.

No date has been set for the hearing.

In Monday court filings, Justice Moyer made the assignments after all four judges of the Youngstown-based 7th District Court of Appeals removed themselves from the case.

Judge Belinky filed a lawsuit in the 7th District Court of Appeals in support of his demand for a $915,715 operating budget for this year from the county’s general fund.

The probate judge filed the lawsuit after the commissioners allocated only $694,833 from that fund to his court for this year — an amount Judge Belinky said was insufficient for proper operations.

Speaking only for himself, Judge Joseph J. Vukovich, presiding judge of the 7th District Court of Appeals, said he would be fair and impartial.

Given that Mahoning County supplies most of the 7th District Court of Appeals’ budget, he said, however, he removed himself from this case to avoid any questions about political influence over the appellate court. The 7th District Court of Appeals serves an eight-county district, with counties contributing to that court based on their populations.

After Paul J. Gains, county prosecutor, removed himself from the case, the commissioners appointed outside lawyers to represent themselves and Judge Belinky, placing a $10,000 cap on each lawyer’s fees.

In removing himself, Gains cited a nonbinding opinion of the state Board of Commissioners on Grievances and Discipline opinion that a county prosecutor shouldn’t represent either party where county officials oppose each other.