YOUNGSTOWN, Ohio (WKBN) — The lawyer for Struthers Municipal Court Judge Dominic Leone said his client opposes a motion by Mayor Cathy Miller to continue a hearing on her request for a civil stalking protection order against the judge.
In his own motion filed Tuesday in Mahoning County Common Pleas Court, Peter Pattakos wrote that the kind of hearing Miller is requesting must be held no later than 10 days after a temporary order is issued.
Miller received a temporary order on May 4 and the hearing has already been pushed back four days to Thursday, May 18, Pattakos wrote.
Visiting Judge H.F. Inderlied Jr. is hearing the case.
Miller asked for the order because she was afraid of what she called Judge Leone’s “obsessive” behavior preceding the Democratic primary election for judge, which Leone lost to common pleas court Magistrate James Melone.
Miller told a common pleas court magistrate that Judge Leone had been driving around to polling places and yelling and harassing voters and making accusations against her.
Pattokos wrote that Miller asked for a continuance so she could gather more evidence. Pattakos said the reason the 10-day deadline is necessary is so that people who face accusations like Judge Leone do have a way to defend themselves promptly.
Judge Leone has been subjected to “inflammatory accusations” and the judge has received adverse publicity because the allegations were covered by local news media, Pattakos wrote. He wrote that Miller had “dragged [Judge Leone] through the mud” and was abusing the process for obtaining an order.
Under the terms of the order granted May 4, Judge Leone must stay away from Miller and may not contact her. He is permitted in City Hall but limited to access to his office, the courtroom and the hallway, as well as to and from the parking lot.