Judge voids citation, fine imposed by predecessor

An attorney who failed to appear at a client’s sentencing is off the hook.

STAFF REPORT

YOUNGSTOWN — Atty. Martin Yavorcik’s contempt-of-court citation from former Judge Timothy E. Franken of Mahoning County Common Pleas Court and the $200 fine imposed with it have been voided by Judge Lou A. D’Apolito, who is Judge Franken’s successor.

At the request of Yavorcik, Judge D’Apolito voided the contempt citation and fine on Thursday, saying in a judgment entry that Atty. Yavorcik apparently was not properly served with a notice of the contempt hearing.

Judge Franken imposed the contempt citation on Nov. 5, together with a $500 fine, which he later reduced to $200, because Judge Franken said Yavorcik failed to appear for his client’s scheduled Oct. 29 sentencing and didn’t have a valid reason for not showing up.

Yavorcik said he tried to arrange for a substitute defense lawyer.

However, Judge Franken said that lawyer declined to represent Yavorcik’s client, Noah Williams, because he didn’t know Williams and didn’t think he knew enough about the case against Williams, who was facing up to five years in prison for robbery.

On Nov. 5, Judge Franken sentenced Williams, 19, of Kent, to two years in prison for Williams’ role in a Jan. 14, 2008, payday cash advance robbery in Boardman, to which he had pleaded guilty.

Immediately following that sentencing, Judge Franken held the contempt hearing and imposed the citation and fine on Yavorcik.

As an independent candidate in the Nov. 4 election, Yavorcik unsuccessfully challenged Paul Gains, the Democratic Mahoning County prosecutor, who won re-election by more than a 2-1 margin.