New magistrates join county probate court

Ashley C. Heeney
Legal News Reporter

Two attorneys with a combined amount of more than six decades of experience have joined Summit County Probate Court as new magistrates.

George Wertz was sworn in as chief magistrate Aug. 30 and John Cassaluovo took the position of magistrate Aug. 16.

Both men have more than 30 years experience as practicing attorneys.

Wertz closed his practice with Bernlohr and Wertz in downtown Akron to join probate court just a few blocks from the firm. As a result of his departure, the firm’s new name is Bernlohr, Niekamp & Weisensell for Chris Niekamp as the new managing partner and Jack Weisensell.

Bernlohr Wertz was established in 2000 and Wertz focused mainly on probate work with the firm until Aug. 27.

Previously, he was with Kaufmann and Kauffmann, where Bernlohr attorney Steve Mutersbaugh also worked. Mutersbaugh has taken over his practice at Bernlohr, Niekamp & Weisensell.

Prior to entering private practice, Wertz was a magistrate (then known as a “referee”) at probate court with Ralph Young as chief magistrate and the judge was Judge Willard Spicer, who has been probate court judge since 1980.

Wertz is taking over for Chief Magistrate Larry Poulos, who plans to retire by 2011. Poulos, Akron Bar President for 2010-2011, announced at the organization’s annual meeting this summer that he would return to practicing with partners.

As the new chief magistrate, Wertz said his background has prepared him well.

“I think since I‘ve had a lot of experience in the probate area, which has basically been the majority of my practice,” he said. “I think I’ll do a good job. It’s a different direction to take, a fresh outlook on life and I think I’ll be an asset. I’ve had a lot of experience with contested matters and being a referee.”

A 1979 graduate of Akron Law, Wertz said he didn’t plan on practicing probate. “It just happened,” he said. Initially he was a law clerk for Judge James Barbuto and was kept on the job when Spicer was appointed.

“I learned the probate practice, and then I wanted to do private practice – and it was natural for me to do probate work.

“What I see in probate cases is that long standing family disputes bubble over into the probate area when someone dies or someone becomes incompetent,” he said.

“It becomes very difficult sometimes for the lawyers to settle the cases, because of the emotional overtones. Consequently, you have to try those cases and let the judge or magistrate decide what’s in the best interest of the person you are trying to protect

“If you look at probate court, it’s there to protect those who can’t protect themselves – deceased, minors, people who are mentally ill -- those are the people probate looks out for.

“I think the court s going to get more of those cases — as the baby boomers start getting older.

“The law profession has been good to me, it’s time to give something back. I’ll think I’ll enjoy it.”

John Casalinuovo is equally excited about his new post as magistrate for Probate Court. he is taking over the docket of magistrate Ken Spahr, who retired in early 2010.

Casalinuovo said his experience as magistrate for nearly three years at Cuyahoga Falls Municipal Court was some of the most enjoyable time he spent in his legal career.

“I liked that so much, that when I heard about this, I put in an application right away in hopes of getting an interview and here I am.

“I’m very excited to be here, very happy to be working as magistrate again but more grateful that I landed in a court that has a reputation for the job Spicer does. These are great people to work with.”

After graduating from Akron Law in 1984, Casalinuovo practiced with Colopy and Casalinuovo, Co. for 23 years. When Dan Colopy retired, Casalinuovo went on his own for three years.

Throughout his career, he’s done a lot of work in domestic relations, criminal, personal injury and tried some litigation. For the past 8 years, he served as defense litigation counsel for US Bank. He gave that up to become magistrate. At the same time, he’s running for a seat on the republican ticket as one of two judges with Summit County Domestic Relations Court against Judge Carol Deszo, a democrat.

“The cases are trickling in,” Casalinuovo said on his first week on the job as magistrate, in Spahr’s old office.

“For the most part, both (magistrates) Diana (Stevenson) and Ann (Snyder) have his old cases too. They’ve slowly been sending over what cases they can. Eventually within a few weeks they’ll all (Spahr’s cases) be assigned to me.

“The judge has thrown me into the thick of things, I wanted him to. I asked him to, I asked Larry (Poulos) to throw me into evidentiary hearings. He’s been training me -- he takes a common sense approach on what he does with his files.”

As for working with and for Wertz, Casalinuovo said their history goes back before law school. “I think he appeared in front of me in Cuyahoga Falls, and we’ve served on some of the same committees with the bar association.

“George and I will be working very well together.”