Gains appeals judge’s decision

Staff report

YOUNGSTOWN

Mahoning County Prosecutor Paul J. Gains has appealed Judge Maureen A. Sweeney’s refusal to allow the hiring of a Columbus law firm to defend him and the county commissioners in an Ohio Supreme Court public-records case.

Gains filed his appeal Tuesday with the 7th District Court of Appeals.

A Cleveland lawyer who is defending Cafaro Co. affiliates against allegations that they conspired criminally to impede the county’s occupancy of Oakhill Renaissance Place filed a mandamus complaint at the top court, naming Gains and the county commissioners as defendants.

The complaining lawyer is asking the top court to compel the prosecutor to completely fulfill his records request concerning Oakhill after Gains declined to provide everything he requested.

The prosecutor’s job is to defend the commissioners, Judge Sweeney wrote. Outside lawyers would be in order if the interests of the prosecutor were adverse to those of the commissioners, but their interests are aligned in this matter, Judge Sweeney wrote in a judgment entry.

The legal fees of Vorys, Sater, Seymour and Pease, which range from $165 to $525 per hour, are excessive, the Mahoning County Common Pleas Court judge added. If outside lawyers are needed, local lawyers with lower fees should be hired, she said.