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LISBON Attorney to appeal contempt finding



Published: Tue, February 26, 2002 @ 12:00 a.m.



Imposition of the jail sentence was delayed by the judge.

By NORMAN LEIGH

VINDICATOR SALEM BUREAU

LISBON -- A Warren attorney intends to appeal a contempt finding that includes her being ordered to serve a 48-hour sentence in the Columbiana County Jail.

Atty. Toni Marcheskie's lawyer, J. Walter Dragelevich of Niles, said during a hearing in county common pleas court Monday that she would appeal the contempt finding.

Judge C. Ashley Pike withheld imposing the two-day sentence pending the outcome of the appeal.

Judge Pike had found Marcheskie in contempt Dec. 14 for failing to appear Oct. 26 at a sentence review hearing for a client.

Marcheskie had argued that she had not been retained in connection with the hearing.

After being found in contempt, Marcheskie asked the judge to stay the 48-hour sentence until a hearing Dec. 17 to further discuss the matter.

Late for the hearing: Judge Pike agreed. But Marcheskie was about 15 minutes late for that hearing, saying she had to take her children to school.

The judge then imposed the sentence, which was stayed again after Dragelevich filed a motion asking the judge to reconsider.

Marcheskie told Judge Pike on Monday that she was sorry and meant no disrespect to him or the court.

"I never was intentionally late. I was trying to take care of other matters," including her children, she said.

But Judge Pike said Marcheskie had previously demonstrated an "unprofessional, uncaring attitude" in court and had given the impression that the court's schedule "should conform to hers."

He added that she had two days before the Dec. 17 hearing for which she appeared late to make arrangements for her children.

Judge Pike said he intended to impose the sentence but would allow her to choose when she would serve it.

Dragelevich then asked the judge to stay imposition of the sentence pending an appeal, and the judge agreed.




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