43
Judge: Court funds are low
Photo
Judge Mark Belinky
YOUNGSTOWN — Judge Mark Belinky of Mahoning County probate court said his court’s funds are dwindling as he awaits the appointment of three visiting appellate judges to consider his lawsuit seeking to force the county commissioners to allocate more money for the probate court.
“I’m concerned because time is of the essence, and we’re running out of money, and I’m surprised at this development,” Judge Belinky said.
Chief Justice Thomas Moyer of the Ohio Supreme Court will assign a panel of visiting judges to consider the case, according to a notice signed by all four judges of the Youngstown-based 7th District Court of Appeals, who removed themselves from the matter.
“The Code of Judicial Conduct directs judges to avoid even the appearance of bias, prejudice or impropriety,” according to the recusal notice the four local appellate judges signed Wednesday.
The notice was signed by Judge Joseph J. Vukovich, the court’s presiding judge, and by Judges Gene Donofrio, Cheryl L. Waite and Mary DeGenaro.
In their written notice, the judges were not specific as to their reasons for withdrawing from the case.
However, saying he was speaking only for himself, Judge Vukovich explained his reasoning in an interview.
Because Mahoning County provides more than half of the appellate court’s budget, people might question any decision the court would make concerning county officials, he said. The eight counties in the appellate district contribute to the appeals court based on their populations, he noted.
Judge Vukovich said he believes he can always be fair and impartial, but he wants to avoid any perception of impropriety.
“I’d rather have somebody totally independent come in, and nobody could question whether their decision was influenced for political reasons,” Judge Vukovich said. He also noted that the Ohio Supreme Court has recently been tightening rules concerning avoidance of the appearance of impropriety.
Judge Belinky filed the his lawsuit June 2 in support of his demand for a $915,715 operating budget for 2009. On March 31, the commissioners gave the probate court $694,833 for this year, which Judge Belinky said is insufficient to meet his court’s needs.
County Commissioner John A. McNally IV said he hopes Chief Justice Moyer will promptly assign the visiting judges to consider this case “so that we can resolve this matter expeditiously.”
Judge Vukovich said he expects Chief Justice Moyer to assign the visiting judges “within a week or so.”
In another complication in this case, Paul J. Gains, county prosecutor, withdrew July 6 from his representation of the county commissioners.
Gains cited a nonbinding June 12 opinion from the state Board of Commissioners on Grievances and Discipline, which says prosecutors shouldn’t represent either party in cases where county officials oppose each other.
“Although such opinion states that it is informal and nonbinding, the undersigned, in an abundance of caution, is withdrawing as counsel,” to the county commissioners in this matter, Gains wrote in an appellate court filing.
Normally, the county prosecutor represents the county and county agencies when they are sued.
McNally said he hopes the commissioners can hire an outside lawyer to defend themselves from Judge Belinky’s lawsuit within two weeks.
On April 30, the commissioners appointed Atty. John B, Juhasz as a $150-an-hour, county-funded outside lawyer to represent Judge Belinky, placing a cap of $10,000 on Juhasz’s fees.