The visiting judge will have 14 days to file a response with the appeals court.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A trial to oust all five members of the Girard Board of Education has been delayed.
The 11th District Court of Appeals ruled Wednesday that the proceedings should be stayed until the appeals court has time to rule on motions filed by attorneys for the board of education.
Attorneys representing the board filed motions Tuesday in the 11th District Court of Appeals asking appeals court judges to order visiting Judge Mitchell Shaker to delay the trial.
Judge Shaker, who is retired, is to preside in the trial in Trumbull County Common Pleas Court.
"We are very pleased that the appeals court is going to take a close look at this," said Atty. Lou Damiani, one of the attorneys representing the board.
Board's issues: Damiani stated in the motion that he does believe the trial should not take place because, according to state law, a trial on a recall petition must be held within 30 days of the petition's being filed. The petition was filed Sept. 19, court records state.
The motion further states that Judge Shaker "not only ignored" provisions that the trial must be held in 30 days, but he also scheduled the trial to start the day before elections when it would be inconvenient for some of those involved in the case.
Judge Shaker will have 14 days to file a response with the appeals court. He could not be reached.
It is not known when the appeals court will hold a hearing on the matter.
Parents' motion: Several parents filed an action last month asking a judge to remove the school board members because they didn't inform parents about reported health problems at the intermediate school. Attached to the complaint was a petition signed by more than 1,600 voters.
The parents have said they are unhappy with the way the board handled the problems at the school and believe the members should be removed from office.
The intermediate school was closed May 1 because pupils were becoming ill. It remains closed while work is done to correct the problems.