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Judge Dellick's comments don’t violate code, retired professor says



Published: Wed, October 23, 2013 @ 12:10 a.m.

Attorney for Dellick’s son receives more time before next hearing

photo

T. Dellick

photo

J. Dellick

By Peter H. Milliken

milliken@vindy.com

YOUNGSTOWN

A retired law professor and Mahoning County’s Republican chairman say they see nothing improper in the statement issued by Judge Theresa Dellick of Mahoning County Juvenile Court, which proclaims the innocence of her 19-year-old son, John, who is charged with aggravated assault in a different court.

John Dellick’s attorney, Samuel Amendolara, at his arraignment Tuesday in Canfield court before Judge Scott Hunter, asked for and received more time before the next hearing. No plea was accepted because Dellick is charged with a fourth-degree felony offense.

John Dellick, who was in court, is accused of yelling obscenities and rear-ending another driver Friday on U.S. Route 224 and Lockwood Boulevard after the other driver yelled at him for littering. Some of the obscenities were racial slurs and questioned the citizenship of the driver and his passenger wife, a police report says.

The victims claim Dellick said, “My mother is a judge; it won’t be a problem,” and “You don’t know who I am; my mother is a judge.” She is also the owner of the car.

Dellick was sent to Mahoning County jail Friday and posted a $2,500 bond Saturday morning.

After his arrest, his mother, Judge Dellick, issued a statement and contended her son’s innocence. Judges normally avoid commenting on open cases in light of Ohio’s Code of Judicial Conduct.

But J. Dean Carro, a retired University of Akron law professor, said he saw no evidence that the judge’s statement violates the code, which he said doesn’t directly address what the judge said in her statement. However, Carro said: “I think she could have been more precise.”

If he were in Judge Dellick’s position, Carro said he might have said: “I would hope that all the protections of the Constitution would be afforded to my son and to any other individual, and that would include the presumption of innocence” to which everyone is legally entitled until proven guilty.

Judge Dellick’s statement said: “We believe he has been wrongfully charged, and his attorney is prepared to contest it.” It also says, “We do not know how my relationship with my son was interjected at the scene ... ”

Nothing in Judge Dellick’s statement appears to be coercive or extreme, and her statement says she doesn’t expect any favoritism for her son, Carro observed.

Among other things, Ohio’s Code of Judicial Conduct says judges should avoid abuse of the prestige of judicial office, avoid making public comments that might affect the outcome or fairness of pending cases in any court and “minimize the risk of conflict with the obligations of judicial office” in their personal lives.

“I think what you have here is a mother whose son has been charged with a serious crime, and she’s expressing her opinion about her hopes that he’ll be treated fairly like anybody else,” Carro said.

“She’s trying to distance herself, as she should, from even the slightest suggestion that she’s using her judicial office to influence the outcome,” Carro said.

The remedy for any possible impact of Judge Dellick’s statement on proceedings on her son’s criminal case would be thorough questioning of potential jurors in the screening process, known as voir dire, Carro said.

“Nothing in her statement bothered me,” said Mark Munroe, Mahoning County Republican Party chairman. “It appears to me that Judge Dellick is simply acting as a parent dealing with a difficult family issue,” Munroe, a non-lawyer, said of his fellow Republican.

“It appears to me that her statement was simply an attempt to be responsive to a press inquiry,” Munroe said.

“My heart certainly goes out to Judge Dellick and her family as they are dealing with a difficult issue,” Munroe added.

A spokesman for the Ohio Supreme Court, which oversees the state’s lawyers and judges, declined to comment on the propriety of the judge’s statement.

Atty. David Betras, Mahoning County Democratic Party chairman, also declined to comment.

Neither Carro nor Munroe would commit themselves as to whether Hunter, who presides in Canfield Court, where the fourth degree felony charge was filed against John Dellick, should remove himself from the case and be replaced by a visiting judge.

Judge Hunter did not recuse himself for the arraignment Tuesday.

“That’s a personal decision,” Carro said. “It’s fairly common, when a judge’s child or a public official’s child in the county is charged, to feel uncomfortable, and sometimes they seek to be recused,” Carro added.

“I certainly have every confidence in Judge Hunter’s ability to make a proper decision about whether he should recuse himself or not,” Munroe said of the Canfield Court judge, who also is a Republican.


Comments

1handymandave(204 comments)posted 5 months, 4 weeks ago

Obviously the judge got carried away by the emotional situation and probably realizes by know she should have been more careful about what she said. And, oh my god what an IDIOT she raised for a son.

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2hopscotchwillie(10 comments)posted 5 months, 4 weeks ago

How can Sam Amendolara maintain a private practice while at the same time be a partner in a law firm elsewhere? Maybe the Supreme Court should review.

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3gdog4766(1254 comments)posted 5 months, 4 weeks ago

Why is Munroe making any comment on this matter? When did this become a political matter? I mean for years dumbocrats have been voting her in thinking she was one of theirs and now they know she's a rescumlican. We crack up when she shows up at dumbocratts events and presses flesh and the sheeple there think she's a dumbocrat. She raised this entitled little punk and will use all her influence to get him off on a misdemeanor with probation. Hunter should have recused himself immediately.

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4observant1(74 comments)posted 5 months, 4 weeks ago

Prediction:
The charges against John Dellick will be reduced to disorderly conduct or some other catch-all misdemeanor. He will plead guilty or no contest and be fined $100 plus court costs. He will receive a lecture from the presiding judge pertaining to his comments about being the son of a sitting judge.
And that is how it should be.

Side note to Mark Munroe.
NOBODY CARES WHAT YOU HAVE TO SAY.

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5fcb(313 comments)posted 5 months, 4 weeks ago

Don't worry little Johnny,Mommy will get you out of this and you can continue on your marry way.

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6harleydog(183 comments)posted 5 months, 4 weeks ago

The judge should have kept her mouth shut. Everyone knows what a thug her son is and how she babied him his entire life. He is a man so let him face the music for his actions. He will never grow up unless she cuts the umbilical cord and makes him stand on his own two feet.

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7kensgirl(540 comments)posted 5 months, 4 weeks ago

What a punk. Obviously the little moron needs some tough love.

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8Bplus(103 comments)posted 5 months, 4 weeks ago

Have you seen the other 2 incidents this kid was involved in? Kicking the mirror of some guys car, and then stabbing another guy 2 times in his back @ Sun Market?!?! WTF, why is this kid not in prison. Go to this link to read more on it... http://www.wkbn.com/news/local/judges...

I get his mom is a judge, but she is just a juvenile court judge, so who cares, she can't help him out a 3rd time, they are going to do something about this idiot. Nice parenting, judge other peoples' kids all day long, but at home you have a complete moron for a son. By the sounds of it, he is a spoiled brat. "Oh, he was wrongfully charged"..give me a break. She should be fired and he should go to prison. Maybe one day he'll do that to the wrong person and get his butt whipped, or get shot in the head...either way, he is a violent criminal, he needs put away. Look at his stupid face on the wkbn website too, he just looks like a little punk.

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9gdog4766(1254 comments)posted 5 months, 4 weeks ago

After posting above I watched the news and found this is this entitled little sh!ts third case of road rage. So far he has stabbed a person in one incident and broke the mirror off another car, this women judges juvenile offenders and yet is a failed parent. And you know what all this means? Nothing she'll get re elected by the sheeple.

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10dd933(216 comments)posted 5 months, 4 weeks ago

I totally agree with kensgirl and others - if we keep letting the kid go he will keep getting worse.

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11richardlewis973(56 comments)posted 5 months, 4 weeks ago

She has already used her political power. How else does a bond get reduced from 4000 to 250 without even seeing a judge

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12lovethiscity(114 comments)posted 5 months, 4 weeks ago

Wow! With these two prior incidents, which the judge obviously is completely aware of, her public statement in this most recent case is more than troubling. It's reprehensible. She has a very troubled son. Perhaps she should be dealing with that, instead of making self serving public comments that now only appear to be an attempt to save her political standing. Sad, very sad.

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13UNCOMMONSENSE(328 comments)posted 5 months, 4 weeks ago

Still waiting for one of these punks to run into someone that has a concealed carry and comes out the winner. Think twice before you attack or rob someone, they just might fight back.

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14observant2(2 comments)posted 5 months, 4 weeks ago

No matter how you spin it:Judges are prohibited from making public statements regarding open cases.The retired law professor needs to go back to law school.there are no exceptions as he poorly attempted to set forth.Additionly, Atty.Amendolora should not be representing this punk under these circumstances. He is a Magistrate employed by Judge Dellick in her Court.A part-time Magistrate is prohibited from practicing law in the same Appellate District in which the Court presides.This Judge needs to go.She uses and abuses political power in more ways than you could imagine.

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15123goz(455 comments)posted 5 months, 4 weeks ago

Judge Dellick’s statement said: “We believe he has been wrongfully charged, and his attorney is prepared to contest it.”
Does not sound like a generic statement to me.

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16endthismess(286 comments)posted 5 months, 4 weeks ago

This kid is a smart asz punk. He needs to be charged accordingly, especially for willingly running into another car. Stick and stones may break my bones but names & faces will never hurt me. So, Dellick, finish raising & dealing with her angry kid....your rearing is not done. And, as for littering....what a piglet...this pukey punk needs to be charged for public littering as well. Then he can pick up all the public trash downtown for say 90 days after he pays his fine, so ....my mom....can look out the window and watch her vocational dissident. He's not ready to be out in public.... alone...yet....my mom...the judge. As for Judge Hunter...what'da want...this puke ended up in the Canfield court due to the location of this punkie puke's charges....we cannot throw everything away just because there are two dingbats mixed into this spin of nonsense who both are possessed by the last name of Dellick..... you silly bunch of web mouth yammer traps...justice still needs to happen here. Is it "Springer Time" yet??? Get your beef jerky out and go take your seat!

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17jrolley325(776 comments)posted 5 months, 4 weeks ago

what a punk. just another spoiled canfield brat.

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18ncguy444(3 comments)posted 5 months, 4 weeks ago

Typical canfield a-hole punk. Join the military if you are so bad, punk!! I was road raged on once when I yelled at a van to move as he just sat at the stop sign. Dude followed me down the road for several miles before running me off the road. Got out of his vehicle ( as if to want to fight me) but kept holding the door shut of my vehicle so I could not kick his arse. I find out later that this particular piece of human excrement ends up being a pole smoking pedophile who is on the mahoning county perve list with a canfield or salem address. This dellick kid will probably follow the same path in life unless mommy quits feeding him from her teets.

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19Silence_Dogood(1216 comments)posted 5 months, 4 weeks ago

What should have been said.

John's father and myself would first like to apologize to Mr and Mrs Gomez. We would also like to apologize to the man in Austintown that our son stuck with a knife, we hope you are enjoying that extra cash, furthermore we want to apologize to the man that we paid off several months ago who had his car damaged. We are truly sorry for the actions our son has taken.
It has been a very difficult past year for our son , we have tried to get him counseling for his anger issues, but as all parents know, sometimes you just can't reach a child and help them to see the light. We intend to continue to try and find help for our son in every way we can, along that line, we do not wish to cause anyone else harm, therefor we are forced to take away the key's to the car's from little Johnny in the hope that society will be just a little bit safer with our son not on the road causing mayhem.

What was said when read between the lines.

Little Johnny is a victim and he can do no harm. We intend to manipulate the legal system to get the charges against little Johnny dropped, or at least reduced to a first time offense. As all good lawyer's know it is all about gaming the courts so that in the end our son can walk away to drive another day. We also would like you to understand that it is our intent, seeing that this is a "first time" offense, to have all court records sealed from the public, and being a Judge I think that that should be fairly easy for me to pull off.

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20gdog4766(1254 comments)posted 5 months, 4 weeks ago

You know it boils down to one thing. When the Judge stated he was falsely accused she knew of the other two incidents. She blatantly lied when she made that statement. She should resign but won't.

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21uptowngirl(92 comments)posted 5 months, 4 weeks ago

I do not know the Dellick boy nor do I know the other people. Commenting about litter thrown from the car---Really? I do not believe that part for a second and from there only half-truths and lies can follow.

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22JoeFromHubbard(875 comments)posted 5 months, 4 weeks ago

This whole incident is punishment in itself.

Will it be enough to correct things?

Time will tell.

Mean while, let's hope the boy does no further damage.

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23diamond04(1 comment)posted 5 months, 4 weeks ago

and for the record the Austintown couple was never paid a dime of your money the only thing he enjoyed was the stab wounds induced by this individual this case isn't over yet provide some documentation that you paid to Austintown boy little do you know he does not need your money !!!

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24isaac45(257 comments)posted 5 months, 4 weeks ago

@gdog "dumbocrats" "rescumlican" where do you come up with these? Gold, pure gold.

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25lumper(279 comments)posted 5 months, 4 weeks ago

where is baby daddy in all this ? he's got to be a real loser too ! this kids gonna get shot. he's gonna mess with the wrong person someday. he'll force someone to defend themselves and/or family and pay the price. i'd scream racism if he gets charges reduced out of felony to misdemeanor

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26kurtw(765 comments)posted 5 months, 4 weeks ago

No mention in any of this of a father- normally the disciplining agent for boys especially. I don't know much of Judge Dellicks background- is she widowed, divorced, single mother or what (I'm sure the boy wasn't born in a pumpkin patch- there has to be a man somewhere in the picture and that man- any man, not necessarily the biological father, is the primary socializing agent for young boys; let's face it, beyond a certain age all a woman can do is screw a young boy up- choke him to death with her apron strings. Is that what we have here? If so, then young Dellick isn't much different from the mother raised urban punks- many of them graduates of her court- that we read about every day. Only difference, middle class status, pull and money).

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27L0L(607 comments)posted 5 months, 3 weeks ago

The problem here is that she apparently raised her son like she runs her court. Poor little kids can not do any wrong. Lets treat them like babies and try to counsel them instead of the punishment they deserve. And people wonder why the juveniles in this area are so bad... Because tehy know there are no consequences in that joke of a court.

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28L0L(607 comments)posted 5 months, 3 weeks ago

This P.O.S. obviously handpicks the people he has "road rage" with. I can only hope that he tries this with someone like me that puts him in his place and he ends up laying on the side of the road. This kid needs a good a$$ kicking.

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29One_Who_Stayed(236 comments)posted 5 months, 3 weeks ago

Great synopsis Silence. Classic!

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30parlayhenry(148 comments)posted 5 months, 3 weeks ago

Judge Dellick should be extensively investigated by the Ohio Attorney General's office. Se has used her influence to block prosecution of criminal behavior. Not only should she be forced to step down, she should be prosecuted for judicial misconduct.

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31southsidedave(4709 comments)posted 5 months, 3 weeks ago

runs to his mother when he gets in trouble...great

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32kurtw(765 comments)posted 5 months, 3 weeks ago

The picture of Theresa Dellick used in these stories- when was that taken- she looks like a 20 year old- in other words- answering my own question- about 30 years ago.

That fact alone is an indication of the women's character- the vanity, the conceit, the falsehood.

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33darkimiage(3 comments)posted 5 months, 3 weeks ago

The apple never falls to far from the tree. It amazes me the she can order people's children into all her amazing treatment programs (which only last a few weeks when the people she task with it tires of doing it). Yet her 19 year old son is out menacing the community. Then Sam Amendolara decides to represent her son.....but wait...he is a MAGISTRAITE in her court (or 3 ring circus) Nepotism?? and here is the definition just to be clear NEPOTISM: is favoritism granted in politics or business to relatives regardless of merit.

What I think is super funny is that she has stepped on a lot of "small" people to get where she is today. Look at all the people who worked for her....try to find one who has anything good to say about her or her court. I think the vindicator should look up some of the former employees and speak to them about their experiences working for her....

Judge Dellick should really clean up her own back yard before telling other parents how to raise their kids....

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34Bplus(103 comments)posted 5 months, 2 weeks ago

Lets do something about this. Problem is we all talk and nobody does. Lets get her out of office, she is a public employee, we are her bosses. Lets actually do something. Lets find this kid and kick his a ss, then lets get him thrown into jail. He clearly is a menace to society, isn't that the whole point of law and order, taking the menaces out of our society? Lets get a petition going and get her thrown out, she is disposable, she works for us. How long are we going to let these kind of people get away with this stuff? Private message me if you want to take some action, she is our employee, and we are all pretty much in agreement that we do not want her working for us anymore...

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35AllCapsGrandpa(12 comments)posted 5 months, 2 weeks ago

THIS KID SOUNDS LIKE A SPOILED BRAT TO ME HE LOOKS LIKE A SPOILED BRAT.

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36Askmeificare(667 comments)posted 5 months, 2 weeks ago

When you get rid of Judge Hunter for not stepping down

and get rid of Judge Dellick for nepotism, using her influence to block prosecution of criminal behavior, and judicial misconduct,

then we can begin to get rid of her stupid son and stupid people like him.

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