Appeals court: Approve Belinky budget or prove case

By Peter H. Milliken

Acceding to the probate judge’s budget demand now isn’t likely, commissioner says.

YOUNGSTOWN — An appeals court has ordered the Mahoning County commissioners to give Probate Judge Mark Belinky the $915,715 general fund budget he demanded for this year or show cause by July 1 why they shouldn’t be compelled to do so.

The 7th District Court of Appeals issued the order Monday in response to a mandamus complaint the judge filed against the commissioners last week.

The three-paragraph judgment entry from the appellate court, which was signed by Judge Gene Donofrio, does not offer any explanation for the court’s action.

“I’m pleased to see that they’re acting expeditiously, because, as Judge Belinky has been saying, time is of the essence,” said the judge’s lawyer, John B. Juhasz.

No negotiations concerning the probate court budget have been scheduled between Juhasz and any county officials, and Juhasz said any such negotiations would probably occur between him and an assistant county prosecutor, who would represent the commissioners, after the county files its written answer with the appellate court.

No oral arguments at the appeals court on this matter have yet been scheduled.

“It’ll probably be up to the prosecutor’s office to figure out what the commissioners’ office has to do between now and July 1,” said John A. McNally IV, county commissioner.

“Those budgets were fair and reasonable for this year, and I still believe that to be the case,” McNally said of the 2009 budgets the commissioners approved for all county departments.

McNally said he doubts the commissioners will simply accede to Judge Belinky’s demand. “I don’t believe that’s an option for us at this time,” McNally said.

In his lawsuit last week, Judge Belinky asked the appellate judges to compel the commissioners to give the probate court $915,715, per his previous order.

For this year, the commissioners allocated the court $694,833 from the general fund, which Judge Belinky said is inadequate for the court’s proper operation. The probate court spent $762,859 last year from the general fund, which is the county’s main operating fund.

The commissioners have approved paying Juhasz $150 an hour to represent Judge Belinky in his lawsuit against them, with an initial cap of $10,000.

The probate court issues marriage licenses, distributes inheritances and orders guardianships for certain elderly and mentally disabled people.

milliken@vindy.com