PART "ONE" OF A "TWO" PART SERIES: A CASE AND OTHER ALLEGATIONS OF MISCONDUCT THAT MAKES THE CASE FOR STARK COUNTY PROBATE COURT JUDGE DIXIE PARK TO RESIGN?

(SCPR Note:  instances of enlarge type, color text, italicized text and bold text in quoted material used in this blog is added by The Report for emphasis sake)

As readers of The Stark County Political Report know, The Report abhors anybody running for public office without opposition.

Even though she has only been a judge for ten years, it appears that the Stark County organized Democratic Party thinks Park (link to bio) has done such a terrific job at being Stark County Court of Common Pleas - Probate Division - judge that former chairman Randy Gonzalez and his cohorts (likely including current chairman Phil Giavasis) decided to give Park a pass this election.

Or it could be that members of the Stark County bar are so utterly intimidated by Judge Park that none have the intestinal fortitude to take her on as participants in America's electoral process on account of fearing reprisal in their probate court casework should a challenge to Park remaining in office fail?

And "to be taken on" in an election in which her record as a judge can get out into the voting Stark County public is the way in which - in our democratic system in the preferred way - Judge Park should be removed from office.

But, of course, "that ain't going to happen" in 2014 and the only alternative is for Judge Park to resign or the Ohio Supreme Court via disciplinary proceedings to step in and remove her from office.

The SCPR does think that the likelihood of Park resigning is between "slim and none and 'slim' just left town."

Park's chief "willing to go public" in order to hold Park accountable for her - what the SCPR believes is an -  "over-the-top" handling of an ordinary Stark County citizen, is, of course, Stark County Political Report favorite Craig T. Conley.

By the way of disclaimer, SCPR readers need to know that Conley and Park have had a highly acrimonious relationship over recent years on cases that he has or has had pending before Park in Stark County's probate court.

Although the SCPR has been aware of the troubled person/professional relationship between the two, the SCPR does not generally write blogs about such matters.

But the Finan case and the consequences (i.e. jail time) of  an "unlawful decision" (according to the Fifth District Court of Appeals) to an ordinary Stark Countian is something that the SCPR cannot abide and nor should the Stark County public.

Stark Countians should appreciate Conley's willingness to step forward.

He coined the expression "Zeigergate" (2009 through 2011) as a one-word-term to describe what he thought to be series of government process/safeguard/accountability shortfalls which resulted in Stark County taxpayers losing nearly $3 million as a consequence of a theft by former Stark County chief deputy treasurer Vince Frustaci.

Conley was the leader of a movement that resulted in the rollback by Stark County voters of a Stark County commissioner "imposed" 1/2 cent sales tax increase (December, 2008) in the election of November, 2009.

Conley has been a major factor in holding Stark County Democratic Party Central Committee sheriff appointee George T. Maier accountable to the law of Ohio in terms of his being qualified to hold the office of sheriff, appointed or elected.

Conley was instrumental - so the SCPR believes, in Stark County Court of Common Pleas judge Frank Forchione retracting his order redirecting of $5,000 in fine money from the Stark County treasury for the benefit of victims  the Sandy Hook elementary school shooting of 2012.

• SCPR Note:  For his effort in reining Judge Forchione in, Conley had to suffer the indignity and perhaps a threat on his license to practice law in Ohio in the cowardly filing of a disciplinary complaint on account of Conley terming Forchione's action as being a case of "grandstanding."
• Ohio disciplinary authorities rejected the complaint.

Interestingly enough, Forchione is one of three Stark County Court of Common Pleas judges who are unaccountable to Stark County voters thanks to the Stark County Democratic Party and the Stark County Republican Party leadership.

Stark County elected officials and political party officials may think that the national discontent with Congress does not carry over to local politics.

But if they do, they are wrong.

Witness the overall average of 13.9% of registered voters who voted in the May, 2014 primary election.

Conley moreover has successfully challenged the city of Massillon in promoting George T. Maier's son to the rank of sergeant over another - more qualified candidate; this according to Ohio law and union/city contract language as found by Ohio's 5th District Court of Appeals.

The Stark County Political Report and Conley constitute Stark County's most courageous and effective factors in holding public office holders accountable for their governance actions.

And like the SCPR, The Report thinks it is not a question of personal like/dislike with Conley but rather a matter of "the rule of law" over "the rule of men/women" who govern on the basis of personal whim/caprice and thereby:

• abuse:
• everyday citizens,
• the taxpaying public, and
• in some instances, public employees, and
• more generally, violate the public trust that elected officials will operate in the public interest

As pointed out above, Conley has been sparring with Park for some time now.

But the "crowning event" in Conley being willing to seek the removal of Park from office surfaced with the August 18, 2014 decision (adverse to Judge Park by a 3 to 0 vote) of the primarily Canton-based Fifth District Court of Appeals in a case of In re matter of Finan, 2014-Ohio-3572.

Tomorrow, in Part Two of this series, the SCPR plans on sharing with Stark Countians Conley's answers to question posed by The Report with regard to matters that he thinks - in addition to In re:  Finan - as being reasons why Judge Park should no longer be Stark County's Probate Court  judge.

To The Report the facts of In re: Finan are absolutely shocking and the SCPR thinks that once the Stark County general public becomes aware of them, they might well join Conley and other public figures and elected officials (the latter of whom often lack the courage to take a public position) and insist that Judge Park step down.

What are the "shocking" unfolding of events/factual findings in In re Finan?

From the 5th District Court of Appeals case:

• Ms. Barbara Lockhart (Lockhart) held a power of attorney (POA) for a ward of the court; namely, Donald Finan (Finan),
• August 8, 2013:  The probate court (Court) appointed "limited" guardian filed a motion with the Court asking that the Court revoke the POA.
• August 12, 2103:  The Court sent a notice of the motion to Lockhart via ordinary mail [to be distinguished form "certified mail - return receipt requested] to two different Alliance addresses (i.e. Union and Norman) three days before a "scheduled hearing" on the motion,
• August 15, 2013:  At the "scheduled hearing" The Court grants the motion.  Lockhart was not present at the hearing.
• The Court also:
• Orders that Lockhart appear before the Court 12 days later and give a full accounting for expenditures made by Lockhart under the POA for Finan,
• That the order for appearance be served on Lockhart at both addresses by certified and ordinary mail,
• The Court record shows that only "ordinary" mail mailings of the notice to appear were sent,
• August 27, 2013 (12 days after the 08/15/2013 hearing):  Lockhart does not appear at the August 27th scheduled hearing,
• The Court then:
• sets another hearing for seven days later (September 3, 2013) ordering Lockhart to appear: (personal service ordered)
• to make the accounting, and, 
• sets yet another hearing date (September 17, 2013) for Lockhart:
• "to show cause" why she should not be held "in contempt of court" for not showing up to the August 27th hearing, and
• Lockhart in the notice was told that should she fail to appear on September 17th, 
• she would be subject to arrest and on that possibility  she also was notified that,
• she was entitled to seek legal assistance from the Stark County Public defender or, alternatively, she could ask the Court to appoint counsel so long as she sought to have legal counsel so long as she applied within three (3) days of receiving notification of the September 17th hearing, but that
• She might not be granted a continuance of the September 17 hearing date if the Court found she had not made a "good faith attempt" to obtain legal counsel, and that
• she could be subjected to a fine and imprisonment should she be found guilty of contempt of court on September 17th
• September 5, 2013:  The Court repeated its September 3rd orders and ordered personal service but at a Beeson Street (Alliance) address; abandoning the Union Street address,
• September 9, 2013, personal service at the Beeson Street address was returned to the Court,
• September 17, 2013, hearing results:
• Lockhart appeared and explained:
• she did not get any of the prior to September 5th notices,
• she indicated that she had expended under the POA "to buy items or pay bills associated with a home occupied by Finan's daughter."
• Judge Park:
• continued the hearing to September 24, 2013, and
• "ordered Lockhart to provide specific documents, bank statements, and the power of attorney documents,"
• "indicated Lockhart’s failure to appear and bring the required documentation may result in a finding of contempt," and
• ordered that notice of the September 17th orders be served via ordinary and certified mail on Lockhart at Norman and Beeson Street,
• September 24, 2013:
• Lockhart fails to show up for this hearing,
• the attorney (Bellew) for Finan's daughter asks for a continuance but is denied,
• September 25, 2013:
• Judge Park:
• issued a judgment entry ... and found Lockhart in contempt for failing to appear and produce the documentation as instructed at the September 17th hearing"
• "The trial court also issued a bench warrant for Lockhart,"
• "The judgment entry provided that Lockhart could purge her contempt by appearing on October 2, 2013 at 1:30 p.m. at the Stark County Probate Court and providing the specific documentation set forth in the judgment entry," 

A SCPR Note:  It appears to The Report that though the record does not "clearly" indicate same, Lockhart did get a copy of the judgement entry of September 25th.

Continuing on with the events/factual findings of the 5th District Court of Appeals.

• October 1, 2013: 
• Lockhart is arrested pursuant to Park's September 25th bench warrant, and
• transported to the Stark County jail,
• October 2, 2013 hearing:
• Lockhart is brought from the jail to Park's court for the hearing,
• Lockhart says:
• she did not have the documents that the Court had ordered her to produce (reference:  August 15, 2013 hearing), and
• she did not appear at the September 24th hearing because:
• she understood that Attorney Bellew would be representing her at the hearing, and
• he had asked for a continuance,
• To which Park responded:
• that there was no indication in the record that Bellew was representing Lockhart on the 24th, and
• there was no written motion for continuance in the Court record,
• whereupon, Park,
• found Lockhart "in contempt of court,
• fined her $250,
• sentenced her to 30 days in the Stark County jail
• (Note:  Lockhart was "conditionally" released from jail on October 11th on Lockhart's motion to suspend sentence.)

Readers of the SCPR need to be aware - and, of course this is in the opinion of The Report - that the Ohio Supreme Court and Ohio's appellate courts rarely reverse the judgments/orders of Ohio's courts of lesser jurisdiction.

So when Stark County-based appellate judges Gwin (who wrote the opinion), Hoffman and Wise sustained Lockhart attorney Jeff Jakmides' two assignments of error, to wit:

“I. THE LOWER COURT’S ACTION IN FINDING MS. LOCKHART IN CONTEMPT OF COURT WAS AN ABUSE OF DISCRETION, AND AS SUCH SHOULD BE REVERSED. THERE WAS NO SHOWING OF INTENT TO DEFY THE COURT, AND BY ISSUING A WARRANT FOR APPELLANT’S ARREST THE COURT ACTIVELY PREVENTED THE APPELLANT FROM COMPLYING WITH THE ORDER IN QUESTION.

"II. THE LOWER COURT DENIED MS. LOCKHART HER RIGHT TO DUE PROCESS BY FAILING TO INFORM HER OF HER RIGHT TO COUNSEL AND BY FORCING HER TO TESTIFY AT THE OCTOBER 2, 2013 HEARING.”

it became apparent to the SCPR that Park's handling of the matter, in which "as a matter of law" an innocent woman spent 11 days in jail, was tantamount to being a legal outrage.

For the perpetuating judge to run unopposed in the upcoming November election is also an indictment of a monumental failure of the Stark County Democratic and Republican parties to ensure body politic accountability.

The SCPR has other allegations that Judge Park has a track record of "going off the 'legal' reservation" in the discharge of her official duties.

A previously stated in this blog, tomorrow's Part Two of the mini-series blog will get into the specifics of those charges.

One can only hope that Park will own up to her grievous mistakes of judgement and do the right thing by Stark Countians:  "resign her judgeship."

But don't bank on it.

Alliance attorney Jeffrey Jakmides (legal counsel for Lockhart) once again deserves accolades for his role in seeing that justice gets done in Stark County.

Readers of the SCPR will recall that Jakmides represented Marlboro police chief Ron Devies (and former Stark County judge Dick Reinbold, his son) when they faced felony charges for what The Report thinks was nothing more than a communications problem between them and a couple of members of the-then Marlboro Board of Township Trustees.

In the Devies case, now retired Judge V. Lee Sinclair did the right thing.  He dismissed the case on the motion of Jakmides (and Dick Reinbold, for the son) for dismissal in that the prosecution had not sustained its burden of making out an prima facie "on the face of it" case.

Being the high quality jurist he is, Sinclair granted the motion

Though the Devies family suffered because of  what the SCPR thinks was miscarriage of justice that could have been and should have been solved short of prosecution by the Stark County prosecutor's office; such was not the case in In re:  Finan.

Barbara Lockhart did go the jail.

While the 5th District Court of Appeals did not use hyperbolic language in its opinion, the Court did use some very pointed legal parlance in chastising Judge Park for her errant ways, to wit: (restructured for clarity sake)

• In this case, Lockhart failed to appear at the September 24th hearing and failed to produce the documents as required by the court’s prior order. Lockhart’s acts occurred outside the presence of the trial court and therefore must be characterized as indirect contempt. 
• The actions in this case do not rise to the level of a serious threat to orderly proceedings that required an immediate sanction to preserve the dignity and authority of the court. 
• There is nothing in the record to indicate Lockhart’s actions rose to the level of summary contempt.
• Accordingly, since Lockhart was found in indirect criminal contempt, 
• she had the right to notice of the charges, 
• the right to defend oneself and be heard, 
• the right to counsel, and
• the right that there be proof beyond a reasonable doubt. 
• In this case, there is no evidence the trial court made the necessary finding that the contempt was proven beyond a reasonable doubt. 
• Further, at the hearing on October 2, 2013, Lockhart was not informed of her right to counsel and did not intelligently or understandingly reject an offer of counsel.

To The Stark County Political Report for Barbara Lockhart to have spent one day in jail is an outrage.

It would be easy for Stark Countians in general to ignore the misfortune of one fellow citizen at the hand of a judge who, according to the Fifth District Court of Appeals, does not know the law on the matter of what is and what is not jailable contempt.

But does the SCPR need to get pointed to each and every citizen of Stark County with an adaptation of a saying?

"There but for the grace of God potentially go each and every Stark Countian" who might have the occasion to appear in the courtroom of Judge Dixie Park.

To the SCPR, it is more than a tad ironic that on September 18th immediately past Judge Park was the speaker at Mount Union University in celebration of the University's annual Constitution Day celebration.

A mere 30 days after the Fifth District Court of Appeals reversal of her In re:  Finan decision.

And remember, one of Jakmides' assignments of error?

"... DENIED MS LOCKHART HER RIGHT TO DUE PROCESS ... "

A denial on which the Fifth District Court of Appeal partially based its decision to reverse Judge Park.

A Constitutional Law Day speaker?

Really?

MAIER RESIGNS AS STARK DEMOCRATIC PARTY CHAIR. WHY? STARK COMMISSIONER BOSLEY SET TO RUN TO SUCCEED MAIER?

The STARK COUNTY POLITICAL REPORT (The Report/SCPR) has been hearing for some time that Johnnie A. Maier, Jr. was about to resign as Stark County Democratic Party chairman

The rumor became fact on May 29th in a letter written by Maier to local Democratic party officials which were first received by a number of them today, May 30th.

What is not clear, is: why?

And the SCPR knows from one-on-ones with Maier, that he is constantly calculating "what's in it for Johnnie?"

The reason that The Report has been given is so outlandish that yours truly is not prepared to publish the specific speculation. The SCPR is at a minimum skeptical of what's being said.

A leading Stark County Democrat has been heard to say something to the effect: "A lot of us [leading Stark Dems] think that in Johnnie's mind, he is going to become _____." (emphasis added)

So has Maier resigned as party chair to be in a position "to become _____." Hum?

If the conjecture (hint: a position in state government) proves to be accurate, then many Stark/Ohio politicos will be truly astounded.

Comeback to The Report frequently to see whether or not yours truly has been able to nail down the precise reason for the Maier resignation. This one could take some time.

The Report has learned that when a union golf outing entourage heard of the Maier resignation, there was a thunderous cheer and the unionists and friends were engaging in a lot of "high fives" and backslapping.

Maier made enemies of Stark County's trade unions when he dumped the popular and retired (from the Ironworkers) Billy Sherer from what had been known as "the union seat" on the Stark County Board of Elections.

Another potentially momentous development on the heels of the Maier resignation is news that Stark County commissioner Todd Bosley is weighing whether or not he is going to get into the race to succeed Maier.

Undoubtedly, Maier likely thinks he has handpicked Jackson Township fiscal officer Randy Gonzalez to take over. But Bosley has told the SCPR that if he decides to get into the race, it will be to win and not to place or show.

Bosley says he wants the party to be open to all and not the captive of folks who think they are entitled. Under a Bosley chairmanship, organized labor would have a "table of honor." Moreover, he pledges that there will be no free passes to the likes of David Stucki, Scott Oelslager, Charles Brown and the considerable number of Republicans who have run unopposed over the Maier years.

It would be great if Stark Countians would wake up to the news in the next day or two that Jeff Matthews has resigned as chairman of the Stark County Republican Party and the successor chairman would pledge that no Democrat (e.g. Ferrero, Zeigler and Rehfus - 2008) would ever run unopposed again.

One of the main goals of the SCPR is to goad each party into making Stark County a hotbed of political competition. Such is one of a number of ways to make public officials responsive and accountable to Stark's citizens.

Interesting times loom in the immediate future of Stark County politics!

DISCUSSION: DOES JOHNNIE A. MAIER USE HIS PARTY CHAIRMANSHIP TO TAKE CARE OF FAMILY, FRIENDS AND POLITICAL ALLIES WITH TAXPAYER FUNDED JOBS?

It is interesting to the STARK COUNTY POLITICAL REPORT (The Report/SCPR) how well Democratic and Republican party officials take care of themselves, some members of their family and, of course, their staunchest political allies with publicly funded jobs.

It would be one thing if these jobs were with private entities, but it is quite another when the jobs set aside are financed by taxpayer funds which do not seem to be available to the general public or perhaps promotions made on political considerations rather than on merit and merit alone.

Stark County Democratic Party chair Johnnie A. Maier, Jr. appears to be the personification of taking care of one's own in the "public?" jobs realm. And we know, by his own words, how indebted Governor Strickland is to Chairman Maier for being the first county chairman to endorse the governor when Strickland ran for governor.

The Report was given the heads up earlier this week that Maier's brother Chuck, who is also an elected Massillon City Councilman, would be appointed to a position by Ohio treasurer Kevin L. Boyce (who himself was appointed treasurer by Governor Strickland on December 24, 2008).

The same "heads-up" told The Report that a Stark County Auditor Kim Perez relative who held the job that Maier was to get was moving to Columbus for a state position to clear the way for Maier. The Report on Maier turned out to be accurate as Treasurer Boyle at a semi-annual Stark County Democratic Party gathering (presumably invited by Chairman Johnnie A. Maier, Jr) announced the Chuck Maier appointment.

Johnnie A. Maier, Jr. is the elected Massillon Muny clerk of courts and his wife Debra is the elected fiscal officer of Tuscarawas Township.

Just as an aside. Johnnie was outraged that the Republicans put up a candidate against him last time out. Apparently, Johnnie feels entitled, huh? What is this thing called a democracy anyway? Bah, humbug!

Getting back to Chuck Maier.

Exactly what is a Stark County Ohio treasurer liaison any way?

Boyce does have to run again in 2010. Wanna make a bet? The Report wagers that Chuck Maier will show up Boyce's Stark County phase of his re-election effort as a prime campaign figure. Any takers?

The Report does not know of any other Maier family employment connections to public jobs that suspiciously look like political connections were a factor, but your s truly would not be surprised to learn to the contrary.

And there is clearly a long list of non-bloodline-political loyalists that the chairman appears to have helped get publicly funded jobs without having had to compete with the taxpaying public.

The names and positions are sprinkled throughout the blogs of The Report and The Report will continue to bring these seemingly "politically based" appointments to the public's attention; not only by the Democrat but also by Stark's Republicans. They have their own rich history of using publicly funded jobs for political party spin off advantage.

How long will the public continue to fund Stark county, village, city and township government where there appears to be a "political set aside?"

DISCUSSION: WHAT'S NEXT FOR BERNABEI? A RUN AGAINST SCOTT OELSLAGER FOR THE OHIO'S 29TH DISTRICT SENATE SEAT?

Currently, Republicans control the Ohio Senate 21 to 12. Half those seat will be up for election in 2012. One of the contested seats will be Ohio's 29th now held by Kirk Schuring.

Anyone who has followed the STARK COUNTY POLITICAL REPORT (The Report) knows how utterly dissatisfied The Report is that Stark County is in this vicious political cycle in which Republicans Schuring and Oelslager trade the 29th and Ohio House District #51 back and forth as if they were playing a two man game of volleyball.

Well, its not volleyball and Stark County is getting the "short shrift" while Schuring and Oelslager circumvent the spirit of term-limits (which, by the way, was instituted by the Republicans back in 1994 as a way to get back in power in the Ohio General Assembly.

Oelslager told The Report (previously reported on this blog) at the 2008 Stark County Fair that, yes, he intends to run once again for the 29th.

Schuring has not definitely decided to run for the 51st. He may run for county commissioner or county auditor. The Report believes he will take the safe way out and run for the 51st. However, Jeff Matthews and other "top gun" Stark County Republicans will be putting pressure for Schuring to run for a county office since there are no non-judicial Republicans currently serving in countywide office.

Part of the problem of Schuring and Oelslager having license to trade the 29th and 51st back and forth lies with Stark County Democratic Party chairman Johnnie A. Maier, Jr. Stark County Democrats either put up novices in these districts or nobody (as in the case with Oelslager in the November, 2008 elections).

Over the years The Report has noted how glowingly Maier, Schuring, and Oelslager speak of each other. Not that folks on the other side of the isle have to be mortal enemies with one another, but Stark Countians do not need any sweetheart deals. What we need is strong political competition across the ballot.

In the case of the 29th and 51st we are not getting it.

Since Maier has NOT been able to figure out how to get strong candidates in these districts, The Report will move in to assist.

Now that Healy has fired Tom Bernabei, Stark County Democrats have the ideal person to take on Oelslager in the 29th.

Early on The Report predicted early that Boccieri would defeat Schuring in the 16th Congressional District.

Just look at the map that accompanies this blog. Does anyone doubt that the popular Tom Bernabei would be a lock to defeat Oelslager.

Viable Democratic candidates do not lose countywide in Stark County these days. Only those who do not focus almost exclusively on the core Democratic areas lose.

This is the strategy that propelled Commissioner Todd Bosley (over sitting commissioner Republican Richard Regula) and Commissioner Pete Ferguson (over term-limited out 8 year representative - 50th - Republican John Hagan).

Neither Bosley nor Ferguson were household names when they filed to run for commissioner. But they did focus on the Democratic base.

Bernabei would handily win over Oelslager countywide. Oelslager would win Jackson and Lake by comfortable margins. However, Bernabei would win much stronger in Canton, Plain and Perry. The rest of the county would split about evenly.

What's more. Bernabei has solid legislative experience. His years in Canton City Council put him in good stead. Bernabei is generally recognized as being the best city councilman of modern times.

The Ohio Senate and Governor Ted Strickland desperately need Bernabei's knowledge of the legislative process and his leadership abilities (even William J. Healy, II recognizes his leadership ability - remember Healy rated Bernabei 49 out of 50).

Right now Bernabei very likely just wants to chill.

The Report calls on Governor Ted Strickland, Ohio Democratic Party chair Chris Redfern, Senate minority leader Capri Cafaro and Stark County Party chair Johnnie A. Maier, Jr. to urge Tom Bernabei to run against Oelslager in Ohio's 29th.