43
Vindicator request for probe irks Ohio chief justice
YOUNGSTOWN
Chief Justice Maureen O’Connor of the Ohio Supreme Court said she is “upset” that a Vindicator editorial asked that she appoint someone to investigate what happened in Mahoning County Probate Court when Mark Belinky was its judge.
The chief justice met for an hour with the newspaper Wednesday at her request to respond to a Sunday editorial urging her to select “a special master to determine the extent of Belinky’s criminal behavior.”
The editorial stated that a “fuller, independent investigation of his tenure on the bench is demanded.”
“You’re asking me to investigate criminal behavior, and I have no authority to do that,” Chief Justice O’Connor said. “You say it in black and white. You’re giving the public the impression that the Supreme Court will be the investigators, judge, jury and executioner. That is a misconception the public has about the role of the court.”
Bertram de Souza, the newspaper’s editorial page editor, said the editorial asked her to have someone look into the operations of the court under Belinky, and not the ongoing criminal investigation.
Asking the Supreme Court to do that “was so inappropriate,” she said.
The Vindicator exclusively reported Aug. 20 that unsealed affidavits from an Ohio Bureau of Criminal Investigation special agent, filed in September 2014, stated Belinky admitted to committing numerous crimes as a judge. Two days later, the newspaper confirmed there’s an ongoing investigation by the Ohio Attorney General’s Office, which oversees BCI, and that the Ohio Auditor’s Office is conducting a special audit of the court.
Those affidavits say Belinky – a Democrat who resigned in May 2014 and was convicted two months later of tampering with records – had admitted to additional crimes.
The affidavits state that Belinky, who served as probate court judge for eight years, said he stole money from people he was a guardian over, altered probate court records to cover up those thefts, used a county computer to create false court records, and used county equipment and employees for political purposes.
For the state Supreme Court to get involved when there is an ongoing criminal investigation would violate the U.S. Constitution and the separation of powers, Chief Justice O’Connor said.
Chief Justice O’Connor suggested, instead, The Vindicator contact the current probate court judge, Robert Rusu, and ask him to review cases Belinky oversaw.
Judge Rusu, contacted Wednesday, said he has reviewed some of Belinky’s cases, but he can’t do much because of limited staff, and that it would be a waste of time and money to do that with BCI and the state auditor’s office already conducting investigations.
The judge said he hasn’t been told which probate court documents were supposedly altered by Belinky. That makes it difficult to determine what ones are legitimate, Judge Rusu said.
“The frustrating thing is I’m sitting here and I can’t do anything because I don’t know anything about it,” he said. “I’m at a standstill. My job has been to put as many safeguards in place to make sure nothing gets by us.”
Judge Rusu said he and others at the court review pleadings that appear to be “out of the ordinary” and question them until they are satisfied with the answers.
He also said he has full confidence in the probate court staff.
“BCI said that nobody working at the court is being investigated and there’s not a hint any of them were involved in Mark’s shenanigans,” Judge Rusu said.
During Wednesday’s meeting, de Souza said he feared criminal investigators wouldn’t look into the day-to-day operations of the probate court. But Chief Justice O’Connor disagreed.
She added, “Why just stop at Belinky? Why doesn’t the [Supreme] Court, under your scenario, [investigate] every judge I get an anecdotal tidbit about? I’m to [get] a special master and investigate sitting judges? When would it stop?”
It was pointed out that the difference is Belinky already has been convicted.
“You’re desperate to have something done to deal with what you consider” widespread public corruption, she said. De Souza agreed.
The chief justice also said, “My problem with your editorial is the fact that you call on the judicial branch of government to insert itself in a criminal investigation to determine the extent of Belinky’s criminal behavior. That’s exactly what the FBI and BCI are doing.”
De Souza said the editorial asks that an investigation by the court be limited to Belinky’s time on the bench, and determine if he acted alone or had others participate in supposed criminal activity.
The chief justice said that she’d have to hire someone to go through the thousands of case files in probate court “with a fine-tooth comb searching for corruption” during Belinky’s seven years as judge.
“That’s not the role of the Supreme Court,” Chief Justice O’Connor said.