President`s Column IN THIS ISSUE
Transcription
President`s Column IN THIS ISSUE
VOL. 2008-09 - NO. 4 JANUARY/FEBRUARY, 2009 YOUNGSTOWN, OHIO President’s Column IN THIS ISSUE President’s Column 1 Congratulations, Judge Lou A D’Apolito 2 Mahoning County Attorneys Support Pro Bono 2 Meet Probate Judge Mark Belinky 3 Judge Krichbaum’s Fourth Term Begins 3 2009 Sustaining Members 4 MCBA Foundation Scholarships 4 The Inevitable is for Lawyers and Judges 4,5 Attorney Joe Schiavoni Becomes State Senator 5 St. Thomas More Society 6 Family Medical Leave Act Final Regulations 6,7 Secretaries’ Luncheon 8 In Memoriam 9 Calendar of Events 12 Legal Laughs 12 LEGALINES is published by THE MAHONING COUNTY BAR ASSOCIATION 114 E. Front Street, Suite 100 • Youngstown, Ohio 44503 Phone: 330-746-2933 • Fax: 330-746-7101 www.mahoningbar.org NEWSLETTER COMMITTEE Linda S. Ruse, Co-Chairperson Jay Blackstone, Co-Chairperson Robyn R. Gallitto Matthew D. Gurbach Jennifer E. Lockshaw Michael D. Harlan, Liason BAR ASSOCIATION STAFF Linda Pregi - Executive Secretary Marilyn L. Carroll - Administrative Assistant Kathleen L. Rogers - Secretary 1 As President Barack Obama and his new administration take charge of our nation, they remind us of the challenges we have in store in the coming year, with the next-to-impossible task of restoring our ailing economy. In our back yard, we are experiencing first hand these tribulations with rising job loss, foreclosures and bankruptcies. The struggling economy will likely generate additional requests for our services, and I suspect that our Lawyer Referral Service will see heightened activity as a direct result of this financial turmoil. I understand that there are only a small number of our members who have enrolled in our Lawyer Referral Service. This program not only offers a great service to our community, but it also can generate revenue for each participating attorney, while even providing our Association with some benefit. JAMES B. DIETZ, PRESIDENT I also believe that this service can especially assist our younger lawyers in developing their practice by providing them with a steady referral source. Please contact our committee chairman, Herman Carach, or Kathy Rogers at the Bar office, for additional details. On another front, following the recent increase in the Mahoning County court appointed fee schedule, the Youngstown Municipal Court has just announced an increase in the hourly rates for indigent criminal defense representation to $55.00 in-court and $45.00 out-of-court services. Previously, attorneys had been paid a flat fee of $100.00 per case. On behalf of the Association, I wish to applaud the efforts of Judges Douglas, Milich and Kobly of the Youngstown Municipal Court for securing this increase. Our devoted Memorial Committee chairperson, Annie Crawford, asked that I remind all of you to mark you calendar (NOW) for the Memorial Ceremony, which will be held on Thursday, May 21, 2009 at 11:00 a.m. Unfortunately, the number of deceased MCBA members this year has already risen to nine, with three months still remaining before the ceremony. This is one of our most important events on our calendar and we hope to have a record turnout of judges and lawyers in attendance, to pay tribute and respect to our fallen brothers and sister of our profession. Since I have brought up a calendar item, please also mark your calendars now and plan to attend our Law Day luncheon held at Mt. Carmel on Friday, May 1, 2009. Richard White and Rob Budinsky and their committee are diligently working on the various activities for Law Week (beginning April 27, 2009). Flyers will soon follow detailing all of these activities. Please consider participating in some of these events, including courthouse tours and speaking to students at local schools. Finally, please take note of the great response by our members who contributed to the Association as Sustaining Members (list on page 4). We expect that number to increase as we await further payment of dues. In addition to the recognition in Legalines and at other MCBA functions, those Sustaining Members are entitled to attend the annual meeting seminar in May (Ethics, Substance Abuse and Professionalism) without charge. To those Sustaining Member contributors, I thank you for support. Please note that it is not too late to upgrade your membership to take advantage of the CLE hours while assisting the MCBA in meeting its rising operating costs. James B. Dietz, President Mahoning County Bar Association LEGALINES - JANUARY / FEBRUARY 2009 CONGRATULATIONS, JUDGE LOU A. D’APOLITO Please join me in welcoming Lou A. D’Apolito, Esq. as the new Judge for the Mahoning County Court of Common Pleas. Judge D’Apolito brings with him an impressive list of credentials. Judge D’Apolito holds a Bachelor’s Degree from Youngstown State University and a Law Degree from The University of Akron. Prior to being elected to his current position, Judge D’Apolito was in private practice for thirty-five years. For the first fifteen years of his practice, Judge D’Apolito dedicated himself exclusively to handling criminal matters. In the remaining years of his private practice, Judge D’Apolito maintained a general civil litigation practice with an emphasis placed upon Plaintiff ’s personal injury cases. Judge D’Apolito is well-known throughout the Mahoning Valley as a first-rate trial lawyer, professional, and friend. Judge D’Apolito resides in Boardman, Ohio with his wife, Paula. Judge D’Apolito’s son, Anthony M. D’Apolito, is the Magistrate and Court Administrator for the Mahoning County Juvenile Court. In his spare time, Judge D’Apolito enjoys golf and spending time with his six grandchildren. Again, please join me in welcoming Judge D’Apolito to his new position. Judge Lou A. D’Apolito Matthew D. Gurbach, Esquire MAHONING COUNTY ATTORNEYS SUPPORT PRO BONO Justice is only served when everyone has equal access to the legal system. Community Legal Aid Services and the Volunteer Legal Services Program would like to acknowledge the following 42 Mahoning County attorneys who generously donated their time and talents to assist low income and elderly members of our community in 2008. With their help, VLSP surpassed its goal of placing 1,000 cases with volunteer attorneys in 2008! You have made a difference, and the board, staff and clients of Community Legal Aid thank you. For more information about volunteering with Community Legal Aid contact Jennifer van Dulmen at 330-983-2531. Jane Clarke, Administrative Assistant Community Legal Aid Services 2 LEGALINES - JANUARY / FEBRUARY 2009 MEET PROBATE JUDGE MARK BELINKY “I’m thrilled to be here,” says Judge Mark Belinky who won election to the Mahoning County Probate Court bench in the November election. He was sworn in to the position on February 7, 2009 by the Honorable Joseph Donofrio who is retired from the Seventh District Court of Appeals. It was a long journey to the six-year judicial term. Judge Belinky was first appointed to the position by Governor Ted Strickland in November 2007 to fill the unexpired term of retiring Judge Timothy P. Maloney. He then successfully ran in the March 2008 primary and the general election. Judge Belinky started his legal career in the offices of Judge Sidney Rigelhaupt and Attorney Bert Rigelhaupt. He has been involved in the general practice of law for 29 years with a concentration in probate work. Within two months of his appointment, he presented a probate court seminar to area attorneys. He has also simplified the local probate court rules to increase efficiency and reduce costs. He plans more seminars which may include presentations done with other judges. “I will do whatever the Bar Association needs me to do,” Judge Belinky says. His goals are to increase the number of lawyers involved in probate matters and provide a more “elementary approach” to probate law for general practitioners. Judge Mark Belinky Judge Belinky is also exploring the possibility of electronic filing which would ultimately need the approval of the Ohio Supreme Court. Other courts have already started electronic filing which Judge Belinky cites as having great cost and time savings. “It’s the future,” he says of such a system that will be reviewed by a committee. A major project for the Court concerns the old paper records now stored in the basement of the courthouse. Judge Belinky states an ad hoc committee from local historical, genealogical, and library groups will volunteer its time to find the best way to possibly digitize or otherwise preserve these records. While decedent’s estates comprise the largest part of the docket, Judge Belinky notes a recent increase in guardianships due to a “growing area aging population.” He also cites an increase in the number of cases with mental health issues, possibly due to involvement in military service. Judge Belinky proudly states that the same staff has been retained in Probate Court since the time of his appointment. Seventeen employees currently work in the Court. He acknowledges that probate is a “very technical area of the law.” While his administrative staff cannot provide legal advice, he feels the employees do a great job providing service to the public. Since his appointment, Judge Belinky has been named to the Ohio Judicial Conference Probate Practice and Procedures Committee. He is also a member of the Ohio Association of Probate Judges. A Youngstown native, Judge Belinky was born on the south side but later moved to the north side and graduated from The Rayen School. He received his undergraduate degree from Ohio University and his Juris Doctor from the University of Pittsburgh. His father, the late Dr. Nathan Belinky, was a county coroner. He is married and has four children. A Boardman resident, he enjoys reading, basketball, swimming and landscaping. Linda S. Ruse, Esquire FOURTH TERM BEGINS Mahoning County Common Pleas Court Judge R. Scott Krichbaum (left) was sworn in for his fourth consecutive term on Jan. 15, 2009 by Chief Justice Thomas J. Moyer of the Ohio Supreme Court. Justice Moyer also conducted the swearing in ceremony for Judge Krichbaum’s first term in 1991. The senior judge of all the Mahoning County Common Pleas judges, Judge Krichbaum will mark his 19th year on the bench in 2009. (Photo courtesy of Brian Krichbaum) 3 LEGALINES - JANUARY / FEBRUARY 2009 WE RECOGNIZE AND THANK THE FOLLOWING AS SUSTAINING MEMBERS FOR THE YEAR 2009: Judge Charles J. Bannon Jennifer Boyle Beck Franklin S. Bennett, Jr. William R. Biviano Jay Blackstone Nicholas A. Bourne George G. Briach Robert Budinsky Robert J. Christian Shirley J. Christian Scott R. Cochran John T. Dellick James B. Dietz Charlie Dunlap Bruce R. Epstein Alfred J. Fleming Wayne D. Gerhold Vincent E. Gilmartin Timothy R. Hackett Edward J. Hartwig Thomas E. Hough J. Gerald Ingram John A. Jeren, Jr. Judge Nils P. Johnson William G. Kalasky Kimberly A. Kohli David A. Kovass Alan R. Kretzer Michael J. Maillis John Masternick John J. Masternick Joseph W. Maxin Hon. Robert P. Milich Daniel J. Mumaw Carl A. Nunziato Robert M. Palma W. Terry Patrick Mark A. Rafidi Carl D. Rafoth Lawrence H. Richards James E.(Ted) Roberts Henry C. Robinson Melissa Rocci Gregg A. Rossi Chris J. Schiavone Leonard D. Schiavone Patrick A. Sebastiano James H. Sisek Anthony Shoaff Nikitas Skoufatos Wade W. Smith, Jr. Tracie L. Schmidt Judge Maureen A. Sweeney Diane L. Chermely Tanner Brian Tareshawty Michael Tiberio Kimberly A. Tomlinson William A. Weimer Richard N. White MAHONING COUNTY BAR FOUNDATION SCHOLARSHIPS The Mahoning County Bar Foundation is now accepting applications for scholarships. The criteria for the scholarships vary, but generally, applicants must establish their worthiness and need and have ties to the Mahoning Valley. The applications for the scholarships are now available at the Bar Office or online at: www.mahoningbar.org. The Mahoning County Bar Foundation has several scholarships to be awarded. In addition to the General Scholarships to be awarded by the Foundation, there are also scholarships in memory of Attorney Irwin I. Kretzer and Attorney Harlan Small. The recipients will be recognized at the Annual Election Banquet scheduled for Monday, June 29, 2009 at the Youngstown Country Club. If you are interested in obtaining a Scholarship Application Form, please call Marilyn Carroll at the Mahoning County Bar Association at 330-7462933 or send an e-mail to mcarroll@mahoningbar.org. Thomas E. Infante, President Mahoning County Bar Foundation THE INEVITABLE IS FOR LAWYERS (AND JUDGES) TOO Judge Durkin on December 11 presented an elucidating talk at our Lawyers Assistance Committee meeting. I swear this committee is the most active due to Linda Martin Saunders’ influence (even while on Kauai for the winter). Judge Durkin shared with the committee his insights from his panel participation at the Akron Becker Institute on Aging/Senior Lawyer Seminar. More complaints are being filed against lawyers and judges ages 50-60. They are problems due to aging. It’s like telling your parents it’s time to turn in the car keys. Try telling a judge or lawyer that they are too old. Judge Durkin told of one case where the lawyer’s wife called him at home. After a week of trial, the lawyer could not remember what occurred to compose a final argument. In another case of the forgetful lawyer, his lawyer friends helped him and his family. We are fortunate to have a small bar association with many willing to assist. The Judge said we should all be diligent in watching for signs of forgetfulness or lack of the same attention to their cases and court appearances as we formerly expected of that colleague. Then we should engage other lawyers close to the person of our concern, along with his/her family. Continued on page 5... 4 LEGALINES - JANUARY / FEBRUARY 2009 Continued from page 4... The Lawyers Assistance Committee has many sources for help, especially OLAP. They have a list of specialty doctors. Heidi Hanni thought it was a good idea to also have some assistance for lawyers going through emergency problems with seriously ill or aging close family. It has been my experience that although we fight our adversaries vigorously on cases, when they are in need, we lawyers support our own. So be aware and do our fellow counselors and judges a favor. Make that call to the Lawyers Assistance Committee. Someone will get a referral to do what we can. The only thing we take with us when we are gone is what we gave away. Phillip S. Arbie, Co-Chair Lawyers Assistance Committee ATTORNEY JOE SCHIAVONI BECOMES STATE SENATOR A member of the Mahoning County Bar Association is now a state senator. Attorney Joe Schiavoni was recently sworn in for the state post by Judge Joseph Vukovich of the Seventh District Court of Appeals. It all started when former Ohio Senator Harry Meshel, a long-time family friend, asked Attorney Schiavoni if he would be interested in being a state senator. He applied for the seat and was selected for the 33rd District position, replacing outgoing Senator John Boccieri. To retain the seat, he will need to run for re-election in 2010. “I‘ve always followed local politics,” says the new senator who was the unanimous choice of the Ohio Senate Democratic Caucus. The political newcomer interviewed for the seat with a dozen other candidates. Attorney Schiavoni is now a member of the Caucus. Attorney Joe Schiavoni Before the appointment, Attorney Schiavoni was practicing worker’s compensation law with his father, Attorney Louis Schiavoni, at Schiavoni, Schiavoni, Bush and Muldowney LPA in Austintown. Due to the state legislative position, he is no longer permitted to participate in worker’s compensation hearings. He will continue to perform other duties at the firm. One of his clients is area boxer Kelly Pavlik. The two became friends in high school while they both participated in local Golden Gloves tournaments. Attorney Schiavoni cites his service to injured workers and the community as assets that helped him land the job. He has practiced law for three years and has also been very involved in Big Brothers and Big Sisters of the Mahoning Valley. In 2007, he received the Big Brother of the Year award. Senator Schiavoni notes the recent area trend toward younger legislators. He acknowledges he has a lot to learn but feels his energy and youth, age 29, will help him accomplish his goals. NEW SENATOR. Attorney Joe Schiavoni, flanked by his family, was sworn in as Senator of Ohio’s 33rd District on Jan. 5, 2009. Administering the oath was Judge Joseph Vukovich of the Seventh District Court of Appeals. Family members are (from left) Senator Schiavoni’s brothers Dan, Nick and Mark Schiavoni, and parents Joan and Attorney Louis Schiavoni. With the new position comes a new routine. He spends Tuesdays and Wednesdays in Columbus and is booked for speaking engagements and other local events. “My calendar is full, but in a good way,” he states. He will be spending much of his time in the 33rd District which includes Mahoning, Stark, Tuscarawas, and Carroll counties. Attorney Schiavoni is a life-long resident of Mahoning County. A graduate of Boardman High School, he received his undergraduate degree from Ohio University. He then went on to law school at Capital University. He is the oldest of four brothers and the namesake of his grandfather, a civil service leader in Youngstown. He is an active member of the MCBA, serving as co-chairman of the Public Relations Committee. Linda S. Ruse, Esquire 5 LEGALINES - JANUARY / FEBRUARY 2009 ST. THOMAS MORE SOCIETY About ten years ago, the Catholic Diocese of Youngstown and a group of our local lawyers and judges formed the St. Thomas More Society. St. Thomas More, Lord Chancellor of England in the Sixteenth Century, is the patron saint of lawyers, the man who stood up to King Henry VIII, gave primacy to his own religious beliefs over the dictates of the King, and was beheaded by his vengeful nemesis. St. Thomas’s last words were, “I die the King’s good servant and God’s first.” The purpose of the Society, as stated in its original mission statement is, “to assist in the spiritual growth of its members; to provide an opportunity as Catholic lawyers and judges to come together to share their faith; to encourage members to remain faithful to the Church and her teachings, and more importantly, to live their lives consistent with the teachings of the Catholic faith; to strive to incorporate the ideals and commitment to faith exemplified by St. Thomas More in the practice of law and in their personal lives.” The Society meets four times a year on the fourth Friday in January, April, July, and in October, when the Diocese conducts the annual Red Mass. The meetings commence with a mass at 12:10 p.m. at St. Columba, followed by a light lunch, after which we have a speaker who leads a discussion of topics of interest to the members. Each meeting is completely interesting, educational, and pleasurable. Lawyers and judges of all faiths are welcome. For more information, please call Mary Beth Houser (330) 747-4404, Jay Blackstone (330) 533-9110, or Monsignor Robert Siffrin at the Diocese (330) 744-8451. Jay Blackstone, Esquire FAMILY MEDICAL LEAVE ACT FINAL REGULATIONS The U.S. Department of Labor’s (“DOL”) final regulations implementing the Family and Medical Leave Act (FMLA) became effective on January 16, 2009. Employers and employee advocates alike have been patiently awaiting these guidelines, hoping for clarification of the complex facets that exist in requesting and administering FMLA leave. The regulations made extensive changes to how FMLA is administered and a full discussion of the regulations is far beyond the scope of this article. However, below is a brief summary of five significant changes/clarifications to the FMLA regulations: 1. Employer Notice Obligations Under the final regulations, employers, regardless of whether they have any FMLA-eligible employees, are required to provide employees with a general notice about FMLA at the time any employee is hired. This general FMLA notice can be in the form of a poster located in a location readily visible to employees; the notice may be contained in an employee handbook given to employees at the time of hire; and notice may also be given through an electronic posting as long as all employees and applicants have access to electronic information. Additionally, when an employee requests FMLA leave, or when an employer acquires knowledge that an employee’s leave may qualify under FMLA, the employer must provide the employee with an eligibility notice and, at the same time, a rights and responsibilities notice. Once an employer obtains sufficient information and designates the employee’s leave as FMLA leave, the employer must provide the employee with a designation notice, informing employee that his or her leave has been designated as FMLA leave. The new regulations give employers five (5) business days from the date the employee requests FMLA leave and the date the employer designates the leave as FMLA leave to provide the eligibility and designation notices, respectively. 2. Serious Health Condition The new regulations define what constitutes a “serious health condition.” One definition provides that a serious health condition is one that disables an employee for three (3) consecutive full calendar days or more and requires at least two (2) visits to a health care provider, the first of which must take place within seven (7) days of the onset of the condition, with a follow-up visit within thirty (30) days. A second definition for serious Continued on page 7... 6 LEGALINES - JANUARY / FEBRUARY 2009 Continued from page 6... health condition requires the same three (3) consecutive full calendar days or more of disability, plus a regimen of continuing treatment for the condition, with the first visit to a health care provider within seven (7) days of the date of the onset of the condition. For those with chronic serious health conditions, such as epilepsy or arthritis, these employees must make “periodic visits,” defined in the regulations as at least two (2) visits per year, to a health care provider for their condition to qualify for FMLA leave. 3. Medical Certification Under the new regulations, employers now have five (5) days, as opposed to two (2) days, from the date the employee notifies the employer of his or her need for leave, or from the date the employee begins leave in the case of unforeseen leave, to request medical certification. Employers, through their appointed health care provider, human resource professional, leave administrator or management official, may speak directly to the employee’s physician while attempting to obtain the necessary medical certification. However, the employer’s contact person may not be the employee’s direct supervisor and employers may not ask the employee’s physician for information beyond the information required by the medical certification form. Additionally, there are now separate medical certification forms; one for use when the employee requests leave due to his or her own serious health condition and one for use when the employee is requesting leave as a result of a family member’s serious health condition. If the employer determines that the medical certification is incomplete or deficient, the employer must notify the employee in writing, setting forth what additional information is necessary, and provide the employee with seven (7) calendar days to cure the deficiency. If the employee does not cure within the allowed time period, the employer may deny FMLA leave. Employers may request new medical certifications every six (6) months for continuing, ongoing conditions or on a more frequent basis where there is a change in circumstances or for other reasons that are outlined in the regulations. Also, for conditions causing leave lasting longer than one (1) year, an employer can request annual medical certifications. 4. Substitution of Paid Leave & Incentive Rewards FMLA leave remains unpaid under the new regulations. However, employers can require employees to use and exhaust all forms of paid time off, including sick leave, vacation time, personal days, etc., concurrently with unpaid FMLA leave and those employees must follow the same employer policies related to the use of paid leave that apply to other employees. Employers may also consider FMLA leave when determining employee bonuses and other incentives. Employers can disqualify employees from bonuses and or other incentives based on failure to achieve certain job performance goals, such as perfect attendance, because of FMLA leave as long as the employer treats employees taking non-FMLA leave in an identical manner. 5. Employee Obligations The new regulations allow employers to require that employees comply with and use the usual and customary policies and procedures for requesting any type of leave and/or reporting an absence, absent unusual circumstances. The regulations provide examples of unusual circumstances, including employer’s failure to answer the telephone number employees are supposed to call to report a leave and/or absence and the employee is unable to comply with the policies and procedures because he or she is seeking emergency medical treatment. Additionally, employees must explain sufficiently the reasons for leave so that the employer can determine whether the leave may qualify as FMLA leave. Calling in sick is not sufficient notice to trigger an employer’s obligations under FMLA. FMLA administration continues to be complex and cause a myriad of issues for employers. However, the new regulations seek to clarify FMLA administration and implement certain new “bright-line” rules for when FMLA may or may not apply to an employee’s leave. Anyone practicing in the area of employment law or who may otherwise have interest in the changes in FMLA administration should access a full copy of the new regulations and review them carefully. A copy of the new regulations, which include forms for the notices referenced herein, can be obtained online from the DOL’s Wage and Hour Division website on the revisions to FMLA regulations at http://www.dol.gov/esa/whd/fmla/finalrule.htm. Jennifer E. Lockshaw, Esquire 7 LEGALINES - JANUARY / FEBRUARY 2009 GIFTS SPONSORS FOR THE ANNUAL SECRETARIES’ LUNCHEON On behalf of the Mahoning County Bar Association, we would like to thank the following sponsors for the beautiful gifts at the Secretaries’ Luncheon which was held on December 5, 2008 at Mr. Anthony’s: Anzellotti, Sperling, Pazol & Small Co., L.P.A. Atway & Cochran, LLC Jennifer Boyle Beck Betras, Maruca, Kopp & Harshman LLC Attorneys George G. Briach & Richard N. White Butler Wick Trust Co. Attorney Diane L. Chermely Comstock, Springer & Wilson Co., L.P.A. Attorney Anne Frederick Crawford Attorney Edward C. Czopur Daily Legal News Davis & Young, L.P.A. Attorney James B. Dietz Honorable Gene Donofrio Attorney Charles E. Dunlap Attorney Craig Carr – First Place Bank/Legal Department Attorney Alfred J. Fleming Attorney James G. Floyd Friedman & Rummell Co., L.P.A. Attorneys Robyn R. Gallitto & Anthony Siciliano Attorney James S. Gentile Harrington, Hoppe & Mitchell, LTD. Henderson, Covington, Messenger, Newman & Thomas Co., L.P.A. Attorney J. Gerald Ingram Attorney Benjamin Joltin Attorney William G. Kalasky Attorney Charlie A. Kidder Honorable R. Scott Krichbaum MCBA Foundation Honorable Robert P. Milich Nationwide Insurance Trial Division – Canfield Office Newman, Olson & Kerr Attorney Albert J. Ortenzio James L. Pazol Mediation Services Attorney Robert W. Price Attorney Lawrence H. Richards Attorney Jennifer R. Robbins Attorney Gary J. Rosati Rossi & Rossi Attorneys Robert N. Rusu, Jr., Joseph D. Lane & Charlene E. Burke Attorneys Linda Martin Saunders & Phillip S. Arbie Co-Chairs of the LAC Committee Attorney Leonard D. Schiavone Attorney John F. Shultz Attorney Ronald E. Slipski Wellman, Jeren, Hackett & Skoufatos Co., L.P.A. Williams & Apple Attorney Ronald D. Yarwood 8 A TIME TO GIVE. Contributions of food were made to the Rescue Mission by those attending the Annual Secretaries’ Luncheon on Dec. 5, 2008. Shown with the donations are (from left) Attorney Chris Schiavone, Eileen Rinehart and Attorney Jamie Dietz who all work at Friedman and Rummell Co., LPA. Eileen Rinehart was also honored at the holiday event as the secretary with the most years of service. LEGALINES - JANUARY / FEBRUARY 2009 “BOMBING” AT MCBA SECRETARIES’ LUNCHEON All who attended the Annual Secretaries’ Luncheon at Mr. Anthony’s on December 5, 2008, know the headline above is merely journalistic hype designed to grab your attention. The bomb at the luncheon was none other than “What’s-His-Name”, the quasi-ventriloquist comedian-ish talent terrorist suicide bomber guy. We won’t soon forget What’s-His-Name. Someday, he may be more infamous than the strippers at a previous Luncheon! Now, we have to just calm down and take a step back. The only thing that really matters here is whom we should blame for this bomb. The answer is simple – the MCBA Banquets Committee. The Banquets Committee is responsible for booking the talent – and I use the term “talent” loosely. Attorneys Tom Wright and Chris Schiavone are co-chairs of this dirty little guild. But Tom and Chris may be just the first level of this conspiracy – merely puppets with plausible deniability. I’m not afraid to look past these two – right to the top. Let’s take a closer look at our former MCBA President Jerry Ingram who also just happens to be the Banquets Committee liaison to the Trustees and was supposed to emcee the luncheon. I didn’t see Jerry there, did you? COINCIDENCE? I think not. Jerry obviously had insider information that the entertainment was going to stink on ice and conveniently booked a last minute “vacation” so he could be out of town leaving YOURS TRULY to fill in as the emcee. Why me? They needed a patsy – and there I was. Basically I was there as an innocent volunteer to help pass out the gifts, sitting at the head table with a plate of cold, soggy chicken like a deer in the headlights. All the while, the lot of you glaring at me from behind your sub-par (mousse substitute) desserts with your assumptive, judgmental eyes - text bombing me while What’s-His-Name is just bombing. I WILL NOT BE MADE A FOOL OF! I DEMAND A FULL INVESTIGATION!! Michael D. Harlan, Esquire IN MEMORIAM The Mahoning County Bar Association honors those members who have died during the last membership year. The Annual Memorial Service will be held on May 21, 2009 in Judge Beth A. Smith, Domestic Relations Court at the Mahoning County Court of Common Pleas. Since the last issue of Legalines, we have lost two of our members: Attorney Robert C. Gilliland Birth Date: 10/24/1924 Death Date: 12/8/2008 Bar Admission: 4/1959 Honorable Julius A. Zlotnick Birth Date: 7/21/1917 Death Date: 12/10/2008 Bar Admission: 2/1948 Effective Februaury 2, 2009, modifications to the Local Civil and Criminal Rules by the U.S. District Court, Northern District of Ohio. Copies may be picked up at the Bar Association. 9 LEGALINES - JANUARY / FEBRUARY 2009 WELCOME TO THE MAHONING COUNTY BAR ASSOCIATION ADMITTED DECEMBER 2008 Attorney Carla J. Baldwin Attorney Matthew H. Gambrel Attorney Megan M. Graff Attorney James P. Moore Attorney Ronald J. Rowe NEW ADDRESS? LET US KNOW. In order to keep the Mahoning County Bar Association mailing addresses phone numbers, and e-mail addresses current, we are asking that if you have made any changes in the past year, and have not sent your changes to the Bar office, please do so now. This is important so that you receive all necessary information regarding MCBA. Please contact us at (330)746-2933 or you can email us at krogers@mahoningbar.org. THANK YOU! Attorney Carla J. Baldwin 1291 Stonington Dr. Youngstown, OH 44505 Telephone – 330-770-7905 Attorney Jennifer Boyle Beck 3685 Stutz Dr., Ste. 100 Canfield, OH 44406 Telephone – 330-702-0200 Fax – 330-702-0204 Attorney Terrence F. Cloonan Huntington National Bank (YTO20) 23 Federal Plaza Youngstown, OH 44503 Telephone – 330-742-7031 Fax-0330-742-7091 Attorney Matthew H. Gambrel 7374 West Blvd., Apt. #204 Boardman, OH 44512 Telephone – 720-8929 Email – mgambrel211@gmail.com Attorney Megan M. Graff Comstock, Springer & Wilson Co., L.P.A. 100 Federal Plaza East, Ste. 926 Youngstown, OH 44503 Telephone – 330-746-5643 Fax – 330-746-4925 Email – mmg@csandw.com Attorney Renee DiSalvo LaCivita 323 Melrose Ave. Boardman, OH 44512 Telephone – 330-782-2710 Email – rmlacivita@yahoo.com Attorney John P. Laczko 3685 Stutz Dr., Ste. 100 Canfield, OH 44406 Telephone – 330-702-0200 Fax – 330-702-0204 Attorney Frances Martin P.O. Box 107 Ellsworth, OH 44416 Telephone – 330-547-3327 Email – skwronek@aol.com Attorney James P. Moore 8115 W. Calla Rd. Canfield, OH 44406 Telephone – 330-533-3634 Fax – 330-533-3689 Email – horseblockpt@yahoo.com Attorney Ronald J. Rowe 6717 Shawbutte Poland, OH 44514 Telephone – 330-757-8369 Email – rjrowe@zoominternet.net Attorney J. David Sabine Huntington National Bank (YTO20) 23 Federal Plaza Youngstown, OH 44503 Telephone – 330-742-7021 Attorney Roklyn M. DePerro Turner 3685 Stutz Dr., Ste. 100 Canfield, OH 44406 Telephone – 330-702-0200 Fax – 330 -702-0204 ACHIEVERS In each issue of Legalines, our Bar Association will recognize the professional achievements and the valuable contributions that our members are making toward the betterment of our community and our profession. If you or someone you know is deserving of recognition, please let us know. Attorney Robyn Gallitto will be honored at the 13th annual Spring Italian Dinner and Show on March 6 at the Georgetown. A trustee for Boardman Township, Attorney Gallitto is also involved in Boardman Rotary, Junior League of Youngstown and the Potential Development Program, Inc. The event is sponsored by Tony Trolio’s Ciao Promotions. Attorney Matthew Gurbach has been elected to membership with Harrington, Hoppe and Mitchell Ltd. Working from the firm’s Youngstown office since 2003, the recent action makes him one of the owners of the firm. 10 LEGALINES - JANUARY / FEBRUARY 2009 OUR HELP IS CONFIDENTIAL The Lawyers Assistance Committee is a highly confidential committee of lawyers and judges willing to help support other lawyers and judges who are experiencing problems with alcohol, substance abuse, depression and stress. Lawyers Assistance Committee members are ready and willing to offer confidential assistance. Linda Martin Saunders, Co-chair....1-330-317-1333 Phil Arbie, Co-chair………………... 330-399-5518 Hon. Mark A. Belinky……………… 330-740-2310 Richard B. Blair.................................330-480-5241 Edward L. Carson………………….. 330-545-3424 Carmen Codjoe…………………….. 330-744-1111 Dominic DeLaurentis……………… 330-740-2168 Anthony Donofrio…………………. 330-774-1403 Hon. Gene Donofrio......................... 330-740-2180 Hon. John M. Durkin......................... 330-740-2168 William Scott Fowler………………. 330-746-5643 Heidi Hanni………………………… 330-746-6301 Hon. R. Scott Krichbaum……………330-740-2156 Renee LaCivita……………………… 330-746-8484 Mark G. Mangie……………………..330-726-1444 John McNally, IV…………………… 330-740-2130 Stephen W. Meloy ............................ 330-757-1898 Jeralyn Goldberg Mercer……………. 330-533-8315 Thomas L. Mikulka………………….330-799-2200 George B. Sofranko, Jr........................330-743-9509 Marc S. Stein………………………... 330-744-0247 Thomas M. Vasvari…………………. 330-729-1090 Ohio Lawyers Assistance Program, Inc. (OLAP)..........l-800-348-4343 Scott Mote, Director, Columbus, Ohio Paul A. Caimi, J.D., CCDC-1…………………………1-800-618-8606 Ohio Lawyers Assistance Program, Chagrin Falls, Ohio Our Mission is: To inform members of the Bar regarding mental health issues and the diseases of alcoholism and chemical dependency and to provide services through education, intervention, advocacy and support for those suffering from these diseases. If you or anyone you know is in need of confidential assistance, please contact any of the above members, the Bar Office or the OLAP Hotline. ADVERTISE IN OUR LEGALINES One Issue 1/4 Page $150.00 1/8 Page $100.00 1/16 Page $75.00 1-1/4" x 2-1/2"Page $40.00 (Business card size) Half Page $300.00 Whole Page $600.00 for Color w/whole page Additional $400.00 per issue BOARD OF TRUSTEES MINUTES THE MAHONING COUNTY BAR ASSOCIATION BOARD OF TRUSTEES MAKES AVAILABLE TO ITS MEMBERS THE MINUTES OF ITS MONTHLY MEETINGS. ANYONE INTERESTED MAY VIEW THE MINUTES AT THE BAR OFFICE MONDAY THROUGH FRIDAY FROM NINE TO FOUR. To experience the Private Client Group and the wealth management services offered, please call Karen Segesto at 330.742.4547 or Karen A. Abrams at 330.742.4255 0590 11 $1,500.00 $2,400.00 Please call Kathy at the Bar Office at 330-746-2933 if you are interested or have any questions. Daniel J. Mumaw 7178 W. Blvd. 629-8860 24 N. Phelps Street Ph. 746-3291 755 Boardman-Canfield Rd. Ph. 965-2290 6 Issues/year $600.00 $400.00 $300.00 $240.00 LEGALINES - JANUARY / FEBRUARY 2009 Calendar of Events Monday, February 16, 2009 President’s Day Mahoning County Bar Association is CLOSED! Thursday, February 26, 2009 Sixth Annual Pool Tournament & Mixer Camelot Lanes 6:00 p.m. – 11:00 p.m. Friday, March 6, 2009 Review of Auction & Real Estate Law Seminar – CLE – 1 hr. Speaker – Jeff Byce, Auctioneer & Realtor Bar Office 11:30 a.m. - Registration NOTICE TO ALL MCBA MEMBERS THE PARKING AT THE BAR OFFICE IS RESTRICTED TO FOUR (4) SPACES IN FRONT OF THE BUILDING. ALL OTHER PARKING SPACES ARE PAID RESERVE PARKING FOR OTHER OFFICES. IF YOU HAVE BUSINESS AT THE BAR OFFICE AND THE FOUR SPACES THAT ARE MARKED MAHONING COUNTY BAR ASSOCIATION ARE TAKEN, YOU CAN THEN PARK IN THE LOT BEHIND THE FORMER BAR OFFICE BUILDING. JUST TELL THE ATTENDANT THAT YOU HAVE A MEETING AT THE BAR OFFICE. IF A BAR ASSOCIATION MEMBER NEEDS TO PARK IN THE BAR OFFICE LOT, PLEASE INFORM THE BAR STAFF. Mahoning County Bar Association 114 E. Front Street - Suite 100 Youngstown, Ohio 44503 PRESORTED STANDARD U.S. POSTAGE PAID Youngstown, Ohio Permit No. 225 LEGAL LAUGHS 12