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No. 8 story of 2023: Intrigue, strife swirled around judge election in Struthers

STRUTHERS — Come Jan. 1, James Melone will be the third person to hold the Struthers Municipal Court judge seat in less than four months — and several events surrounding his two predecessors were controversial.

Melone challenged incumbent Dominic R. Leone III in the Democratic primary for the job and beat him in May by 14.6%

But Leone decided in September to resign before his term was up Dec. 31. His last day as judge was Sept. 29 though he had been absent from the court for the few months prior to his resignation.

Also, Struthers Mayor Catherine Cercone Miller sought a court protection order against Leone on May 3, the day after he lost the primary, saying she feared for her safety and the safety of her family and employees in the Struthers municipal building.

Cercone Miller said Leone harassed her when they were at the same polling place during the primary, and that Leone called her names and said he would get “rowdy” with her.

Visiting Judge H.F. Inderlied on June 5 granted Cercone Miller a two-year civil stalking protection order from Leone.

Inderlied wrote in his decision that Leone “engaged in a pattern of conduct that knowingly caused (Cercone Miller) to believe that (Leone) would cause physical harm to” her as well as “mental stress.”

With Leone’s resignation effective less than six weeks before the Nov. 7 general election, the office of Gov. Mike DeWine, a Republican, indicated he wouldn’t fill the vacancy before then.

In an unusual move, DeWine announced Sept. 29 that he was appointing Jennifer J. Ciccone, who was the only Republican to file for the election.

Ciccone said she was talking with Columbiana County Republican Party Chairman Dave Johnson four days before the announcement and he asked if she would be interested in the appointment. Ciccone said she was interested and was interviewed two days later by members of DeWine’s judicial screening committee. The appointment was announced two days after that interview, effective Oct. 6.

DeWine’s judicial appointments usually take a few months to go through the vetting process — unlike the four days for Ciccone.

During the Nov. 7 general election, Melone beat Ciccone by 10.28%.

The day after the election, Tom McCabe, Mahoning County Republican Party chairman, said Ciccone called him “claiming it was rigged and there was massive fraud” despite losing by about 1,400 votes.

Ciccone also requested hundreds of pages of public records regarding the election though she never asked the board for a recount.

On Dec. 1, Michael P. Ciccone — an attorney who is not related to the failed candidate but backed her — filed a complaint with the 7th District Court of Appeals on behalf of 28 supporters of the candidate contending there was massive fraud in the court race without providing details.

The complaint claimed Melone “did not receive the majority of votes cast in the election,” sought to nullify the results and have the seat declared vacant when Melone is to take office Jan. 1.

The complaint was met with sharp criticism from McCabe and David Betras, chairman of the board of elections, an attorney and former chairman of the county Democratic Party. The two said the attorney and the unsuccessful candidate falsely questioned the integrity of the election and accused election employees and poll workers of felonies.

Then a week later, on Dec. 8, the attorney filed a motion to dismiss the case, which was granted by the court of appeals.

Betras said he plans to sue for legal fees and didn’t rule out filing a complaint to seek disciplinary action against the two from the Ohio Supreme Court.

Melone said: “I’m relieved this is now resolved although I never had any doubt this matter would be dismissed by the petitioners or the court because it was wholly without merit. I look forward to taking office Jan. 1 to do the best job for the citizens of the Struthers Municipal Court district.”

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