×

Judge revokes jail order for ex-deputy clerk

Ciccone pays $4,000 in civil case

YOUNGSTOWN — After having multiple motions denied, attorney Jennifer Ciccone, former Chief Mahoning County Deputy Clerk of Courts, paid the $4,000 she owed in a civil case she was handling, and Mahoning County Common Pleas Court Judge Maureen Sweeney on Friday terminated her order for Ciccone to spend 10 days in the Mahoning County jail.

Earlier Friday, attorney Charles Strader filed a “notice of compliance and meeting of conditions of purge” that informed Sweeney that his client, Ciccone, had paid the $4,000 that the judge had ordered earlier.

Ciccone was serving as administrator for the estate of former Campbell police Chief Andrew W. Rauzan in the legal action that resulted in the order for Ciccone to report to jail. Strader stated that the $4,000 payment “satisfied the purge condition” of Sweeney’s Nov. 5 ruling that ordered Ciccone to report to the county jail. The judge ordered Ciccone to report to jail Nov. 21.

The Strader filing stated that a cashier’s check for $4,000 was paid to Carol L. Morgan on Friday.

Morgan filed a motion Sept. 30, asking Sweeney to find Ciccone in contempt of court for failing to pay Morgan $3,500 as the judge had ordered June 16 in the Rauzan estate case.

Sweeney ruled Nov. 5 that Ciccone failed to abide by an Aug. 28 Sweeney order, that Ciccone and Strader failed to appear for a hearing on the issue and that they failed to respond to Morgan’s motion. And the Nov. 5 order found Ciccone in contempt of court. The ruling also ordered Ciccone to pay $4,000 by Nov. 17 and to serve 10 days in the county jail, but the order allowed her to “purge her contempt by paying the full amount to (Morgan).”

Through Strader, Ciccone then filed several motions Nov. 6, including a motion to dismiss for lack of jurisdiction and a motion to vacate Sweeney’s Nov. 5 contempt entry. In the motion to vacate, Ciccone and Strader argued that Ciccone was “denied due process by a lack of notice that jail time could be imposed and (lack of) a chance to be heard” on the matter.

But on Monday, Sweeney overruled all of Ciccone’s motions, stating that Ciccone “did not raise any jurisdictional issues” or appeal when she was ordered Aug. 28 to seek approval from the Mahoning County Probate Court and to disperse $3,500 from Rauzan’s estate and remit it to Morgan.

Ciccone had stated in one filing that the reason she had not paid the $3,500 was that she did not have the consent of the beneficiaries of the estate to settle the case but the estate had yet to close, various creditors were involved and tax filings had to be made. Ciccone had argued that the payment could not be made until 2026 or late 2025.

Sweeney acknowledged the argument in her Aug. 28 ruling but ordered Ciccone to “seek approval from the Probate Court to disburse the sum of $3,500 from the estate and remit the same to (Morgan) in 30 days from the date of this filing.”

It added that “In the alternative, Attorney Ciccone as fiduciary who entered this agreement on behalf of the estate, shall personally remit the $3,500 to (Morgan).”

Morgan was owed the money because of a retainer Morgan paid to Rauzan for legal services paid before Rauzan’s death in August of 2021, according to court documents.

Starting at $3.23/week.

Subscribe Today