Public Comment Open on Proposed Rule Changes
The Supreme Court of Ohio has opened a 45-day period for public comment on proposed amendments to the Rules of Practice and Procedure in Ohio Courts.
The proposed amendments are related to the rights of victims of a crime found in Article I, Section 10a of the Ohio Constitution and Revised Code Chapter 2930, also known as “Marsy’s Law.”
The Commission on the Rules of Practice and Procedure conducted a comprehensive review of the rules to identify any changes that should be made to reflect the constitutional and statutory provisions for victims. The proposals include changes to the Rules of Appellate Procedure, the Rules of Civil Procedure, the Rules of Criminal Procedure, the Rules of Evidence, and the Rules of Juvenile Procedure.
Expedited Appeals and Notice of Suspension of Execution of Sentence
The proposed changes to the appellate rules will give victims notice
before the court determines a motion for bail and suspension of
execution of sentence. An amendment also covers the right to an
interlocutory appeal for victims.
Victim’s Rights in the Criminal Rules
The ten proposed amendments to the criminal rules focus on the rights of
victims to notice, the right to be heard, and updating definitions to
reflect the Ohio Constitution and statutes dealing with victim’s
rights.
Protection of Contact Information for Victims
Changes to Civ.R. 65 adds an additional requirement that a petitioner’s
contact information be kept confidential in discovery in civil
protection order cases. Previously, the rule just listed the
“petitioner’s address.”
Evidence Rules
Rule 615 changes the term “alleged victim” to “victim” to reflect the constitutional and statutory meaning of the term.
Juvenile Procedure
Several amendments are proposed to the Juvenile Rules to procedurally
incorporate the constitutional and statutory requirements regarding
notice, the right to be heard, and other victim’s rights.
Comments should be submitted in writing before Oct. 21, 2024, to:
September Coyne
Legislative Counsel
Supreme Court of Ohio
65 S. Front St., 7th Floor
Columbus, OH 43215
or
ruleamendments@sc.ohio.gov
My Summer of Learning at the Supreme Court
Emily Stokes
I’m Emily Stokes, an Ohio University journalism and political science student, and summer extern at the Supreme Court of Ohio. It was truly a transformative experience, a unique opportunity to explore and gain a deeper understanding of Ohio’s judiciary. I am glad I took a leap in applying for a reach opportunity!
The 2024 summer class of externs boasted both legal and non-legal students from Ohio and beyond, each with excitement to learn and connect with one another. Meeting people throughout the Court and sharing a friendly hello made the experience all that more enjoyable.
One of the most helpful things this summer was going into each day with an eagerness to try something new and a readiness to work hard. I allowed myself to explore skills and tasks without worrying about failure, a willingness to be challenged and grow. I asked questions, a lot of them, that opened new doors to areas of interest and exploration. Although it may seem cliché, sometimes you don’t know what you don’t know.
Being in the heart of Columbus is another joy of working as an extern, in a most beautiful and historic building. If you haven’t, take the time to explore the Thomas J. Moyer Ohio Judicial Center and surrounding downtown area.
Walking away from my time at the Court, I have a better understanding of the judicial system, a portfolio of quality and impactful work, not to mention new friends and a growing network.
The Supreme Court of Ohio works diligently behind the scenes to keep the wheels of justice turning, a reflection of a strong and committed judiciary working for the people.
I was able to contribute to that mission of access to justice and sharing the critical role of the judicial system. I’m leaving as a better writer, researcher, and communicator - and excited to take what I’ve learned back to campus and beyond.
Honoring American Labor in the Art of the Moyer Judicial Center
This mural is from the series The Progress of Industry, located in a first-floor hearing room at the Moyer Judicial Center. The mural showcases the early industrial landscape of Ohio, highlighting the dignity and hardship of physical labor.
This mural is from the series The Progress of Industry, located in a first-floor hearing room at the Moyer Judicial Center. The mural showcases the early industrial landscape of Ohio, highlighting the dignity and hardship of physical labor.
Labor Day is a time-honored tradition set aside for us to remember
the contributions of the people who built this nation. History books
tell us the first proposal of a national holiday honoring those
who performed the back-breaking work in coal mines and steel mills came
in the late 19th century, a time when the 12-hour workday was still the
standard, and an era when children as young as five or six years old
were forced to take jobs along dangerous assembly lines.
Those turbulent times are reflected in the original artwork of the state office building that would become the Thomas J. Moyer Ohio Judicial Center in the early 2000s.
Architect Harry Hake was instructed to design a building to honor the great people of Ohio. Hake designed the ground floor as a celebration of Ohio’s first settlers, Native mosaic ceiling consists of angular patterns that suggest a Native American theme.
The walls feature bas reliefs of Indigenous leaders who are part of Ohio history. These sculptures were completed by Paul Fjelde, the son of a Norwegian sculpture. Fjelde entered the Minneapolis School of Fine Arts at 14, before studying at the Art Institute of Chicago.
The first floor Grand Concourse, with its 30-foot ceiling, is lined with marble that reflects the European immigrants who formed the second wave of settlers west of the Ohio River.
Another of the 11 murals in The Progress of Industry series in the Moyer Judicial Center depicts scenes of a modern steel mill, the construction of a modern steel building, and a contemporary stone quarry, capturing the evolution of industry.
Another of the 11 murals in The Progress of Industry series in the Moyer Judicial Center depicts scenes of a modern steel mill, the construction of a modern steel building, and a contemporary stone quarry, capturing the evolution of industry.
Two conference rooms at either end of the Grand Concourse honor Ohio’s contributions to the national economy, and also give praise to the people who made it possible.
The hearing room at the north end of the building is dedicated to the people whose labor built Ohio and contributed to the economic growth of the nation. The murals are 13-feet tall and painted in muted greens and browns. A woman churning butter is featured alongside a wheelwright shaping a wheel that might be used on one of the farm wagons featured in the painting.
These vivid murals were the work of John Holmer, who attended the Art Academy of Cincinnati, before studying in Paris and Rome.
On the north wall of the hearing room, three panels depict the agrarian economy as it would have looked for much of the 1800s. People are carrying water, using hand saws to cut lumber, and oxen to pull a wagon of grain. Another ox pulls a plow as it cuts through a farm field. There is also a panel on the north wall depicting pottery production that was prevalent in eastern Ohio. A third panel features workers who are positioning the wooden floor joists for either a home or a barn.
The main panel on the south wall features a growing American city with skyscrapers in the background, and industrial smokestacks belching thick, black smoke. In the foreground is a collection of men busy working with steel I-beams. The scene could easily be a photograph of the steel mills in the flats of the Cuyahoga River valley just south of downtown Cleveland.
A second hearing room at the Moyer Judicial Center also displays 11 murals. This one illustrates the bustling commerce of 20th-century Ohio, reflecting the state’s economic development and growth during the 19th and 20th centuries..
A second hearing room at the Moyer Judicial Center also displays 11 murals. This one illustrates the bustling commerce of 20th-century Ohio, reflecting the state’s economic development and growth during the 19th and 20th centuries.
It seems appropriate that this hearing room was used in the 1930s by the Industrial Commission of Ohio.
The conference room at the south end of the Moyer Judicial Center is dedicated to commerce and transportation. The murals were painted by Herman H. Wessel, who was born in Indiana to Prussian immigrants. He was trained at the Art Academy of Cincinnati, and later spent three years in Munich and Paris studying painting.
The two murals that dominate the south hearing room are similar, each featuring an outline of the map of Ohio. One mural features the Ohio economy from the 1800s. The other depicts the trains, planes, boats, and automobiles of the 20th century.
At the time the artists were adding their finishing brush strokes to the building in praise of American labor, nobody could have predicted when workers would be back on the job. In 1933, the year the building was completed, more than 40% of factory workers in Ohio were without a job and 67% of construction workers sat idle.
When Chief Justice Thomas J. Moyer talked about this building while
its renovation was underway, he was fond of quoting British wartime
leader Winston Churchill, who once said “We make our buildings, and
afterwards they make us.”
That is certainly true of the artwork made in the opening days of the Great Depression. The murals honoring factory workers and the farmhands of Ohio may have started as a salute to the people who built the state, but it is also possible that the murals served to inspire workers as they struggled to overcome the challenges of the Great Depression.
Conduct Board Announces September Disciplinary Hearings
The Ohio Board of Professional Conduct announced three disciplinary cases set for hearing in August. Each case involves allegations of professional misconduct by a lawyer.
All hearings take place before a three-member panel, are open to the public, and begin at 10 a.m. unless otherwise noted.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
September 11-12
Disciplinary Counsel v. Ryan Richard Black
Case No. 2024-012
Respondent’s counsel: Alvin E. Mathews, Jr., Columbus
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
September 13 (11:00 a.m. start time)
In re Reinstatement of William Terry Washington, Petitioner; Disciplinary Counsel, Relator
Case No. 1997-036
Petitioner’s counsel: None
Hearing link:
https://us06web.zoom.us/meeting/register/tZIudOmvqzguHNTzgOqXARkHgK5gChThS-1a-
September 16-17
Disciplinary Counsel v. Jeffrey Dwight Hunter
Case No. 2023-035
Respondent’s counsel: None
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
Seats of Justice: A Look at Huron County
The next stop on the Supreme Court’s tour of county courthouses takes viewers to the Huron County Courthouse. Erected in 1913, this courthouse was built on the ancient, sandy shores of Lake Erie in Norwalk.
Hear from judges, historians, and architects as they describe the grandeur of the building which boasts tall ceilings, beautiful mosaic tile floors, and stonework adorning its outer walls. The locals share the history of their small-town community with rich colonial roots dating back to the Revolutionary War.
Learn more about Huron County and beyond in the mini-documentary series, “Seats of Justice,” on the Ohio Channel.
Check back in for new episodes on the journey though Ohio’s diverse county courthouse landscape.
Supreme Court of Ohio Names Ellinger Director of Public Information
Andy Ellinger
Andy Ellinger
Andy Ellinger has been named director of public information for the Supreme Court of Ohio. Ellinger will oversee the strategic operations of the Office of Public Information, focusing on enhancing public and media understanding of the Supreme Court as well as facilitating timely dissemination of news and information to the public.
"We welcome Andy Ellinger to our team," said Chief Justice Sharon L. Kennedy. "His extensive background in public information and communications will be invaluable as we continue to engage with the public and media to enhance transparency and understanding of the judicial process."
Ellinger most recently worked as senior public information officer at the Ohio Department of Commerce and Ohio University where he served as communications and marketing director. Prior to that, he served as assistant director of marketing and public relations for Ohio State Newark and Central Ohio Technical College. Ellinger has also held roles as public information officer at a non-profit agency and as an advertising and marketing manager for an engineering firm and heavy equipment company.
"I am excited to join the Supreme Court of Ohio and work alongside a great team. I am committed to advancing the Court's mission by improving how we communicate and to share vital information with the people of Ohio," Ellinger said.
Ellinger earned his bachelor’s degree from Ohio University’s Scripps School of Journalism before graduating with a master’s degree in public relations, also from Ohio University.
Ellinger resides in New Straitsville with his wife Brandy. They have one daughter, Hannah.
Seats of Justice: A Look at Ohio’s Local Courthouses
Take in the grandeur of Ohio’s many courthouses without ever leaving home!
A mini-documentary series published on the Ohio Channel gives viewers the unique opportunity to tour the buildings and learn about their history, stories, and the people who work to serve justice.
The first episode takes place in Springfield at the historic Clark County Courthouse, which was built in 1818 with funds provided by local citizens. Their dedication laid the foundation for a storied landmark.
From the founding of the 4-H Club in its basement, to rebuilding after a major fire in 1918, and housing a letter from Lincoln, this courthouse holds a rich tapestry of history just waiting to be explored.
Watch the video to uncover more about Clark County’s fascinating past!
Join us as we interview local chronologists, esteemed judges, and passionate historical societies who unveil the fascinating narratives that shape our state’s judicial heritage.
Keep your eyes peeled for our upcoming episodes, including visits to Huron County and beyond. Check back in for new content as we journey through Ohio’s diverse courthouse landscape.
Join us as we celebrate our history, one courthouse at a time!
New Practice and Procedure Rules Effective July 1
Changes to the practice and procedure rules for Ohio courts, recently filed with the Ohio General Assembly, are effective as of July 1, 2024. The amendments are the result of an annual review of all rules governing practice and procedure in Ohio courts by the Supreme Court of Ohio Commission on the Rules of Practice & Procedure, which includes two rounds of public comment.
The amendments include:
- Revised rules for reopening of an appeal based on ineffective counsel.
- Updates to procedures for serving documents in civil cases.
- Clarification of timing of post-arrest events.
- Providing a standard for when testimony is “expert testimony.”
- Requiring notification to victims in certain situations in Juvenile Courts.
Appellate Rules
Changes to Appellate rule 26 expand the category of people who may apply for reopening their appeal based on a claim of ineffective assistance of counsel. Currently, App.R. 26(B) allows a “defendant in a criminal case” to make such an application. (See In re T.A., 2022-Ohio-4173). A technical correction to the rule also ensures the consistent spelling of the word “judgment.”
Rules for Civil Cases
The amendments make several changes to Civil Rules 4(D), 4.1 4.7, 30, and 45. Changes to Civ.R. 4(D)(1) and 4.7 clarify that the general authority for waiver of service under Civ.R. 4(D) applies in domestic relations and civil protection order cases. The revisions make clear that an attorney may sign a waiver of service for his or her client. The amendment also requires an individual signing a waiver on their own behalf to provide an address for future service under Civ.R. 5.
Additional changes include limiting depositions to one day of seven hours, clarifying who may serve a subpoena in a civil case, and limiting the signatures for accepting service by mail to the person accepting the delivery.
Criminal Rules
Changes to the criminal rules involving the timing of post-arrest events require: (1) a Probable cause review no later than 48 hours after arrest (when arrested without a warrant) and (2) An initial appearance before the court within 2 court days (regardless of a warrant) as outlined in Revised Code Section R.C. 2937.011
Evidence Rules
The first change to Evidence Rule 101 corrected a cross reference. Evidence Rule 702 includes changes to add a preponderance of the evidence standard for expert witness qualification. The rule currently states the criteria that must be satisfied for a witness to testify as an expert. However, the rule is silent as to the standard of proof for that criteria. The amendment adds the criteria must be shown as “more likely than not.” The amendment also requires that the expert witness’s opinion must reflect a reliable application of the principles and methods to the facts of the case. These changes mirror an amendment to the rule’s federal counterpart, Fed. R. Evid. 702, which took effect Dec. 1, 2023.
Rules for Juvenile Courts
An amendment to Juvenile Rule 9 adds language requiring the Juvenile court to notify the prosecuting attorney and the victim of the offense if formal court action is avoided. This change is in recognition of and compliance with Article I, Section 10a of the Ohio Constitution (Eff. 2017) and the corresponding statutory provisions, known as “Marsy’s Law.”
The updated version of the rules of practice and procedure can be accessed here: https://www.supremecourt.ohio.gov/laws-rules/ohio-rules-of-court/
Finding Hope in Prison
During a day-long seminar organized by the Ohio Judicial College, judicial officers from across the state met in Mansfield to experience life in both historic and modern-day prison.
The 67 judges and magistrates enrolled in the Crime and Punishment program began their day at the Ohio State Reformatory, which is most popularly known as the filming site for Shawshank Redemption.
“It’s very unique to have this prison that’s been preserved from the 1800’s,” said Ohio Judicial College Director Christy Tull.
She explained that becoming immersed in the environment prompts the judges and magistrates to reflect on the justice system and imagine what it was like over 100 years ago.
“It’s not a field trip,” said Tull. “It is a learning experience which gets people out of the classroom and into a real-life setting. It’s incredibly powerful.”
There are pre-course reading assignments and guided discussions to enrich the education.
Participants discussed the vast changes in Ohio correctional history, from a period of lashings and hangings that pre-dates prisons, to a purely punitive prison system often deemed inhumane, to the current system that includes 28 prisons, six parole regions, community-based corrections facilities, as well as probation and diversion programs.
Judicial officers participating in the Ohio Judicial College Crime and Punishment seminar enter the historic Ohio State Reformatory in Mansfield where there day of learning began with discussions of the history of Ohio’s prison system.
Judge Stephen McIntosh of Franklin County Common Pleas Court guides the discussion among course takers at The Ohio State Reformatory.
Throughout the morning, judicial officers shared their thoughts on the reading materials ahead of touring the historic prison.
Judges and magistrates visit the former chapel of The Ohio State Reformatory where prisoners attended religious services.
Participants get a glimpse of living conditions as the tour the cell blocks of The Ohio State Reformatory.
One tour group stops to learn about recent film productions at The Ohio State Reformatory since its closure in 1990.
After touring the facility, the group jumped forward in time to the present-day Mansfield Correctional Institution (ManCI), where they experienced daily life in a maximum-security prison.
Becoming Immersed
Sitting in a row at ManCI, nine incarcerated men convicted of crimes as serious as murder and rape welcomed the group of judges and magistrates to the place some of the prisoners will call home for the rest of their lives.
The panelists were identified by staff as leaders within the prison who are fully engaged in rehabilitative programming and serve as mentors to their peers.
Even though some of the men may never leave prison, each took pride in sharing his story of growth and change while incarcerated.
“This is the greatest thing that’s ever happened to me,” said Derrick Lartdale of the 62-year prison sentence he is serving.
Lartdale has been in prison since 1998. Now at age 57, he still won’t be eligible for release until he is 94.
During his time at ManCI, Lartdale said he discovered faith that transformed him. At one point, he wanted to die after suffering from depression for years. Today, he shares his faith, speaks to his kids daily, and prays for his family.
According to Lartdale, it took going to prison for him to appreciate everything on the outside that he has lost.
“We need judges. We need magistrates,” said Lartdale. “I thank the judge who sentenced me.”
For Brendan Weems, who is now 10 years into his 15-year sentence, his calling is preparing prisoners for their release by registering them for Medicare or Medicaid and helping new people acclimate to prison by changing their ways of thinking.
“A lot of times, our thinking gets us in the position we’re sitting in,” said Weems.
Judicial officers from across the state walk the grounds of Mansfield Correctional Institution as they travel from building-to-building learning about life in prison.
A panel of incarcerated persons greet judges and magistrates and share their stories of growth and change while in prison.
Derrick Lartdale and Tyler Miller both found faith while serving time at Mansfield Correctional Institution and carry hope despite their lengthy sentences. Miller is serving a life sentence, and Lartdale is approaching he halfway mark of his 62-year sentence. He won’t be eligible for release until he is 94-years-old.
Mental health services plays a large role in helping offenders with their counseling and crisis needs.
During their tour, judges and magistrates had the opportunity to visit cell blocks and speak with some of the people who live in the pods about life in prison.
Mansfield Correctional Institution is a level three maximum security prison located next to The Ohio State Reformatory.
Changing Lives
Messages echoing Weems’ sentiment decorate the walls of the various buildings at ManCI.
“If you always do what you’ve always done, you’ll always get what you’ve always gotten,” is painted large inside the mental health services building where inmates receive counseling and assistance during crisis situations.
Changing mindsets to curb criminal behavior is part of the mission of the Ohio Department of Rehabilitation and Corrections (ODRC).
“We try to change lives to make sure that when they leave prison, they leave better than when they came,” said Deputy Director of Prisons Ernie Moore.
He explained that 90% of incarcerated people will eventually go home, so ODRC staff tries to find the right resources for each prisoner.
“I want the judges to feel confident when they send somebody to prison that the prison is putting their best foot forward,” said Moore. “We’re going to do everything we can to rehabilitate.”
Reflecting Thoughts
Some of the most powerful moments throughout the day were the interactions judges and magistrates had with inmates.
“I’m different,” said Judge Deborah Turner of Cuyahoga County Common Pleas Court when the day ended. “What they had to impart and share with us was encouraging.”
Judge Turner recently had the experience of watching her own relative go to prison.
“I know what it feels like to sit in the back of the courtroom,” she said. “I know that helplessness. I know that hopelessness.”
When she heard the panelists share their stories of incarceration and finding success behind bars, Judge Turner told them the common theme she saw among them was hope.
“It’s important to pour something into you,” she told the panel, referencing hope and purpose. “You’ve got to have something inside of you to feed off of while you’re in here.”
The nine inmates seated at the front of the room nodded their heads in agreement with the judge.
“I feel better about what I saw today,” said Judge Nicole Khoury of Toledo Municipal Court. “Seeing what I saw made me feel better about the attitude of the staff. They want them to do better.”
While it weighs heavily on Judge Christen Finley of Lawrence County Common Pleas Court to send someone to prison when all other options have been exhausted, she said the experience at ManCI solidified her thinking about sentencing.
When prisoners were asked if the courts could have done more to intervene, Judge Finley said their overall response was no, and that they had to do their time to start making positive changes.
“Sometimes going to prison is what saves people’s lives,” said Judge Finley.
Conduct Board Announces July Disciplinary Hearings
The Ohio Board of Professional Conduct announced four disciplinary cases set for hearing in July. Each case involves allegations of professional misconduct by a lawyer.
All hearings take place before a three-member panel, are open to the public, and begin at 10 a.m. unless otherwise noted.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
July 22
Disciplinary Counsel v. Anthony James Fusco
Case No. 2024-008
Respondent’s counsel: David J. Betras, Canfield
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 South Front Street, Columbus
July 24
Dayton Bar Association v. William Thomas Daly
Case No. 2024-005
Respondent’s counsel: None
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 South Front Street, Columbus
Victims of Attorney Theft Awarded more than $161,470 by Lawyers’ Fund
The Board of Commissioners of the Lawyers’ Fund for Client Protection (LFCP) reimbursed $161,472.80 to 15 victims of attorney theft at its recent meeting. Ten former or suspended Ohio attorneys were determined to have engaged in dishonest conduct resulting in financial losses to their clients. One deceased attorney was also involved in claims presented to the Board of Commissioners. Since its inception, LFCP has awarded over $23 million to consumers.
Butler County
A former client of disbarred attorney Dennis Lee Adams was determined to be eligible for reimbursement in the amount of $7,739.07 as a result of Adams’ failure to provide the services requested. Adams was disbarred from the practice of law in Ohio on Feb. 20, 2024.
Cuyahoga County
The Board determined that former clients of four Cuyahoga County attorneys were eligible for reimbursement.
A former client of former attorney Dorothea Jane Kingsbury was reimbursed $100,000 as a result of Kingsbury’s theft of trust assets. Kingsbury resigned from the practice of law in Ohio, with discipline pending, on Jan. 12, 2024.
A former client of former attorney Jacqueline Ann O’Brien was reimbursed $3,000 as a result of O’Brien’s failure to provide the services requested. O’Brien resigned from the practice of law in Ohio, with discipline pending, on Oct. 30, 2023.
A former client of former attorney Sean Richard Porter was reimbursed $8,000 as a result of Porter’s failure to provide the services requested. Porter resigned from the practice of law in Ohio, with discipline pending, on Oct. 28, 2022.
Two former clients of former attorney Gary Allen Vick Jr. were reimbursed a total of $3,100 as a result of Vick’s failure to provide the services requested. Vick was disbarred from the practice of law in Ohio on Feb. 20, 2024.
Franklin County
The Board determined that former clients of three Franklin County attorneys were eligible for reimbursement.
A former client of former attorney Donald Andrew Cox was reimbursed $475 as a result of Cox’s failure to provide the services requested. Cox resigned from the practice of law in Ohio, with discipline pending, on Nov. 17, 2023.
A former client of former attorney Owen David Kalis was reimbursed $1,500.40 as a result of Kalis’s failure to provide the services requested. Kalis resigned from the practice of law in Ohio, with discipline pending, on May 13, 2024.
Two former clients of suspended attorney James Edward Watson were reimbursed a total of $6,050 as a result of Watson’s failure to provide or complete the services requested. Watson was suspended from the practice of law in Ohio on March 28, 2023.
Mahoning County
The Board determined that former clients of two Mahoning County attorneys were eligible for reimbursement.
Three former clients of deceased attorney William Joseph Kissinger were reimbursed a total of $20,393.33 as a result of Kissinger’s failure to complete the services requested prior to his death on March 14, 2023.
A former client of suspended attorney Robert James Rohrbaugh II was reimbursed $4,715 as a result of Rohrbaugh’s failure to provide or complete the services requested. Rohrbaugh was suspended from the practice of law in Ohio on Feb. 15, 2023, following his felony conviction.
Medina County
A former client of suspended attorney Russell Anthony Buzzelli was reimbursed $6,500 as a result of Buzzelli’s failure to provide the services requested. Buzzelli was suspended from the practice of law in Ohio on July 20, 2022.
Board determinations become final 30 days after the determination unless either party requests reconsideration. If reconsideration is granted, the claim will be reviewed by the Board at its next scheduled meeting.
The Lawyers’ Fund for Client Protection, formerly known as the Clients’ Security Fund, was created in 1985 by the Supreme Court of Ohio to reimburse victims of attorney theft, embezzlement, or misappropriation. The LFCP is not taxpayer funded but is funded by registration fees paid by every Ohio attorney.
Ohio has over 45,000 attorneys engaged in the active practice of law. Less than one 1% of those attorneys is involved in claims reimbursed by the LFCP.
Law clients who believe they have sustained financial losses resulting from attorney theft, embezzlement or misappropriation should contact the LFCP by calling 614.387.9390 or 1.800.231.1680 toll free in Ohio.
Supreme Court Cuts Backlog of Judicial Assignment Requests
The inaugural Judicial Assignment Program Annual Report describes the successes achieved through improvements made to the statewide program for assigning judges.
The inaugural Judicial Assignment Program Annual Report describes the successes achieved through improvements made to the statewide program for assigning judges.
The time it takes for the Supreme Court of Ohio to assign a judge to a case after a local court makes a request dropped from more than 20 days in 2022 to less than one day by the end of 2023. The improved response times resulted from an initiative of Chief Justice Sharon L. Kennedy to bring clarity, transparency, and consistency to the Judicial Assignment Program.
When a sitting judge is unavailable, the chief justice has the authority to assign a sitting or retired judge to serve. The modifications to improve the assignment program made at Chief Justice Kennedy’s direction saved taxpayers hundreds of thousands of dollars in 2023. For the assignment of retired judges, the costs declined by about $325,000 last year, even though more retired judges were assigned. Retired judges comprise roughly 80% of assignments.
By the end of 2023, no requests were pending for the assignment of a judge.
Backlog elimination was significantly aided by amending the Guidelines for the Assignment of Judges, which provided clarity on the criteria for assigning judges. This led to refining the online tool used by local courts for judicial assignments, known as the Interactive Online Generator of Requests (IGOR). IGOR was updated to parallel the amended guidelines to improve usability. Additionally, webinars were held to assist judges and court administrators with implementation. These advancements, spearheaded by Chief Justice Kennedy, underscore the Court’s commitment to continuously enhancing the efficiency and effectiveness of the Ohio judicial system.
The modifications and successes are described in the inaugural Supreme Court Judicial Assignment Program Annual Report. The report also covers the program history, the number and types of assignments, the costs to assign judges, and a five-year breakdown of the average days to process the requests. An appendix analyzes the costs in each county, for each court. Moving forward, an annual report on the program will be released to ensure transparency and accountability.
“This report demonstrates the judiciary’s commitment to service by improving access to justice to Ohioans through the optimized, timely, and cost-effective administration of the judicial assignment program,” Chief Justice Kennedy said.
In April 2023, Chief Justice Kennedy met with judges across the state to discuss strategies for streamlining judicial assignments. The discussions led to clarifications in the written guidelines for assigning judges in cases where the sitting judge is absent.
Administrative judges may request a judicial assignment under various circumstances, including conflicts of interest; judicial absences due to illness, family emergencies, vacations, or educational commitments; and overburdened dockets or scheduling conflicts.
“As elected officials faced with any challenge, the overriding question we must ask ourselves is what is best for the people we serve,” Chief Justice Kennedy emphasized. “Every decision and solution must revolve around their needs.”
Filling the Communication Gap
The Supreme Court recognizes the crucial role interpreters play in ensuring access to justice for all Ohioans and is working to make those services more accessible.
The Supreme Court recognizes the crucial role interpreters play in ensuring access to justice for all Ohioans and is working to make those services more accessible.
The ongoing demand for language interpreters in courtrooms is growing, with an increased need for the number of credentialed professionals. The Supreme Court recognizes the crucial role interpreters play in ensuring access to justice for all Ohioans and is working to raise the numbers by recruiting bilinguals, increasing testing frequency, and examining language assessment tools to qualify interpreters.
Recently, Chief Justice Sharon L. Kennedy welcomed court language officials from across the country to the 2024 Conference of the Council of Language Access Coordinators meeting in Cincinnati. The Ohio Supreme Court and the Kentucky Administrative Office of the Courts jointly sponsored the gathering.
Chief Justice Kennedy shared with conference attendees that Ohio is struggling like most other states to find qualified interpreters for legal proceedings.
“Like many of you, we now see groups from Africa, Latin America, Asia, the Middle East, and non-English speakers from Europe. And we see the same challenges with finding qualified interpreters to service these immigrant populations,” said Chief Justice Kennedy.
Berry Joesph, chief probation officer for Madison County Court of Common Pleas, became a court interpreter because he recognized the need to assist fellow Haitian immigrants.
Officials in neighboring Clark County estimate more than 5,000 Haitians have settled in Springfield in recent years. So, if someone who is still learning English wants to contest a traffic ticket or settle a civil dispute, they’ll need an interpreter.
“My goal is to help people and give them as many resources as I can, so they don't reoffend. Interpreting is another way I can do that,” said Joseph.
Understanding legal proceedings can be challenging for anyone navigating the court system.
In criminal matters, it is the duty of judges and attorneys to ensure defendants are informed before they make any legally binding decisions such as pleas. When language barriers are added, it becomes more difficult to comprehend what information is being presented and decided.
Joseph has seen how frustrating it can be for people when there is a communication barrier. It’s why he hopes others with foreign language skills will consider credentialing.
“The goal for everyone working on a case is to find a resolution,” said Joseph. “Interpreting can help people get clarity, and hopefully closure, with their issue.”
Ohio law requires courts to appoint a qualified interpreter when there is a language barrier, whether it be a foreign language or people who are deaf or hard of hearing. In order to make existing interpreters more accessible to courts, the Supreme Court has posted a roster of credentialed court interpreters and established standards for the use of remote video interpretation.
The Court’s Language Services Section is also working with the Advisory Committee on Language Services to amend the rules to qualify court interpreters without foregoing quality, and allowing out of state credentialed interpreters to apply to Ohio for reciprocity.
Conduct Board Files Attorney Discipline Recommendations
The Ohio Board of Professional Conduct has filed four reports with the Supreme Court of Ohio, recommending discipline for each attorney.
Parties will have an opportunity to file objections to the Board’s reports and recommendations with the Supreme Court. If a party files objections, the Supreme Court will schedule the case for oral argument. Objections are not permitted in consent-to-discipline matters.
Additional information about each case, including the report and recommendation, may be obtained by clicking on the case number below.
Delaware County
Disciplinary Counsel v. Eric Jordan Burkett (consent-to-discipline)
Supreme Court Case No. 2024-0850
Recommended sanction: Two-year suspension, stayed
Franklin County
Disciplinary Counsel v. Vincent A. Dugan, Jr.
Supreme Court Case No. 2023-1095
Recommended sanction: One-year suspension, stayed
Greene County
Disciplinary Counsel v. William Allen McClain
Supreme Court Case No. 2024-0848
Recommended sanction: Two-year suspension with credit for time served under interim felony suspension
Lorain County
Lorain County Bar Association v. Stourton Scott Smith (consent-to-discipline)
Supreme Court Case No. 2024-0847
Recommendation: Public reprimand
Board of Professional Conduct Issues Advisory Opinion on Lawyer Fee Arbitration
The Ohio Board of Professional Conduct has issued an advisory opinion clarifying the application of a rule that mandates the arbitration or mediation of fee disputes between lawyers.
The Ohio Rules of Professional Conduct direct the arbitration or mediation of fee disputes between lawyers who are not in the same firm and agree to jointly represent a client. These arbitration or mediation services are provided by bar associations. In Advisory Opinion, 2024-04, the Board concluded that the conduct rule does not mandate the arbitration or mediation of fee disputes that arise between a law firm and a lawyer who has departed the firm. The Board suggested that lawyers and their former law firms may voluntarily submit to an arbitration or mediation process to resolve these types of fee disputes.
Online Tool Helps Victims Obtain Protection Orders
New tool guides people on how to obtain a civil protection order if they're a victim of stalking or a sexually oriented offense.
New tool guides people on how to obtain a civil protection order if they're a victim of stalking or a sexually oriented offense.
Victims of stalking and sexually oriented offenses have a new way to find step-by-step guidance for securing a civil protection order. The tool, available from Ohio Legal Help, is an online process that makes accessing and completing the necessary legal forms safer and easier.
When requesting a civil protection order, the person applying is asking a court to order someone to stop certain actions, such as harm, threats, or unwanted contact. A civil protection order for stalking is used for patterns of conduct that lead the victim to believe the offender will cause physical harm or that causes mental distress to the victim. A civil protection order for a sexually oriented offense is for victims of rape, sexual battery, violent acts committed with a sexual motivation, and certain other offenses.
Between 2016 and 2022, the rate of stalking in Ohio increased by 32%, according to a report from the Office of Criminal Justice Services and the Ohio Department of Public Safety. Women account for 81% of stalking victims. The report showed that while intimate partners were victimized in nearly 30% of reported stalking incidents, about a quarter of victims are stalked by an acquaintance or friend and 5% are stalked by strangers. Those stalked by an acquaintance, friend, or stranger can apply for a stalking civil protection order. Research nationally shows that 80% of people are stalked with technology, such as repeated, unwanted phone calls, text messages, and emails.
When visiting the stalking and sexually oriented offense protection order tool at Ohio Legal Help, the person seeking the order goes through a guided interview, answering questions that help fill out the paperwork. The tool explains the different types of civil protection orders, online stalking, and how to gather evidence from your phone. Criminal charges or convictions against the offender aren’t required to request a civil protection order. Once the forms are completed, they need to be taken to a court to file the request. The court evaluates the request and, if the court agrees, it will issue the protection order.
The protection order tool can be accessed on mobile phones, tablets, or computers. It’s available seven days a week, 24 hours a day. While working through the steps in the online tool, a person can stop and save along the way and return later. A large safety button on screen makes it simple to quickly close the website if the person feels in danger.
Experts from around the state – including the Legal Aid Society of Cleveland, Montgomery County Common Pleas Court, and Hamilton County Common Pleas Court – assisted in the project development. One of those experts was Jeannine Myers, a magistrate in Montgomery County Common Pleas Court. She explained that she sees many people in court struggle with reliable transportation or who have daytime employment, which makes it burdensome to travel to the courthouse when open to collect paperwork and forms.
“I often hear that people had to request time off work, take a vacation day, or even take an unpaid day to come to court,” Myers said. “The online tool can remove these obstacles, allowing someone to fill out a form or learn about protection orders without those financial consequences.”
The tool was developed by Ohio Legal Help in partnership with the Supreme Court of Ohio, which provided funding through a federal Violence Against Women Act grant.
“In 1995, Chief Justice Thomas J. Moyer established a Domestic Violence Task Force that recommended standardized forms, ensuring consistent recognition by law enforcement across the state,” said Chief Justice Sharon L. Kennedy. “Today, the new self-guided-interview form extends this legacy with the goal of continually improving Ohioans’ access to justice. We are deeply grateful to the Supreme Court Advisory Committee on Domestic Violence for their invaluable efforts in making these forms more intuitive and user-friendly.”
Susan Choe, executive director of Ohio Legal Help, appreciates the partnership with the Supreme Court.
“People who need legal assistance are always at the forefront of our minds,” Choe said. “Thanks to the support of the Supreme Court, we can provide specific tools for those needing help during a difficult and potentially dangerous time.”
In 2021, Ohio Legal Help developed another tool – for domestic and dating violence civil protection orders – in partnership with the Supreme Court, the Ohio Domestic Violence Network, and the Legal Aid Society of Cleveland. More than 50,000 Ohioans use that resource each year.
Conduct Board Announces June Disciplinary Hearings
The Ohio Board of Professional Conduct today announced four disciplinary cases set for hearing in June. Each case involves allegations of professional misconduct by a lawyer.
All hearings take place before a three-member panel, are open to the public, and begin at 10 a.m. unless otherwise noted.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
June 6
Toledo Bar Association v. Tyrone Riley
Case No. 2023-041
Respondent’s counsel: Charles M. Boss, Maumee
Hearing link: https://us06web.zoom.us/meeting/register/tZItcu-orDMiE9UK0o3tbsbwuwX0TJ77ZCeP
June 6-7 (1:00 p.m. start on June 7, if necessary)
Disciplinary Counsel v. Robert Lee Moore
Case No. 2023-048
Respondent’s counsel: Joseph R. Klammer, Mentor
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 South Front Street, Columbus
June 21 (8:30 a.m. start)
Mahoning County Bar Association v. Robert James Rohrbaugh II
Case No. 2024-002
Respondent’s counsel: John B. Juhasz, Youngstown
Hearing link: https://us06web.zoom.us/meeting/register/tZIpf-uhpjwoEtzXHVTumiLnlVUoX3Iq0rLo
June 25
Lorain County Bar Association v. Stourton Scott Smith
Case No. 2024-004
Respondent’s counsel: Richard C. Alkire, Cleveland
Hearing location: Lorain County Court of Common Pleas, Courtroom 705, 225 Court Street, Elyria
Butler County Bar Association Honors One of Its Own
Chief Justice Sharon L. Kennedy
Chief Justice Sharon L. Kennedy
In 1958, Law Day was established by President Dwight D. Eisenhower to commemorate the foundational principles of the rule of law. It serves as a reminder of the great heritage of liberty, justice, and equality under law passed down by our forefathers.
This year, on Law Day 2024, the Butler County Bar Association honored Chief Justice Sharon L. Kennedy for her lifetime achievements, celebrating a distinguished career that began in Butler County. Chief Justice Kennedy's professional journey is inspiring; she started as a Hamilton police officer before earning her law degree from the University of Cincinnati College of Law in 1991. Her career then flourished as she served as a law clerk, defense attorney, and Butler County Domestic Relations judge, ultimately leading to her current role as Chief Justice.
Melynda Cook Howard, president of the Butler County Bar Association said “Who would have thought that Butler County would have such an esteemed jurist? It is remarkable that she was once just a Hamilton police officer, and now she is the top female and top dog in law enforcement.”
Chief Justice Kennedy expressed deep gratitude, describing it as a "tremendous honor" bestowed upon her by the legal community where her career began. Reflecting on her journey, Kennedy emphasized, “From patrolling the streets of Hamilton, to the Butler County courtrooms—at the counsel table and behind the bench—to the chambers of the Supreme Court of Ohio, my journey has been marked by challenges and triumphs. Yet throughout, Butler County remained an anchor.”
Adapting to Change Leads New Attorneys to Success
Among the 182 new lawyers sworn in to the Ohio bar were Spencer and Rebecca Sukel. The couple met during their first semester of law school in South Carolina in the spring of 2021.
The latest class of Ohio attorneys sworn to act with integrity took their oaths Monday. The moment marked the end of their studies and the beginning of their careers in the legal profession.
“You have completed your classes, passed the bar, and now you are attorneys. Welcome,” said Chief Justice Sharon L. Kennedy.
The journey to the Palace Theatre where they were celebrated for their accomplishments, looked different for everyone in the room. But the hard work and perseverance that went into graduating law school and passing the bar was understood by all.
“Some good things take a while to happen, but they are worth waiting for,” said Justice Melody J. Stewart.
Among the 182 new lawyers sworn in to the Ohio bar were Rebecca and Spencer Sukel. The couple met during their first semester of law school in South Carolina in the spring of 2021.
Even though all their classes were together, they only knew each other in a virtual setting due to the pandemic. After Rebecca and Spencer finally had the opportunity to meet in person during a social gathering in March 2021, they never left each other’s side.
“It really was instantaneous,” said Spencer. “We knew right away that we would want to start a family.”
They adopted two dogs, transferred to the University of Akron School of Law for their second semester to be closer to Spencer’s family in Chagrin Falls, and by January of 2023, they were expecting their first child.
While preparing to welcome a baby, the couple pressed on with their studies.
Each spent time at the Supreme Court as externs for Justice Michael P. Donnelly. Rebecca did so while pregnant during the summer of 2023, and Spencer took a turn after their son, Julius, was born in September.
As Rebecca and Spencer adjusted to their new lives as parents, they still found time to excel in their classes and externships.
“It was the most comprehensive experience,” Rebecca said of her time at the Court. “They really help with your writing skills. They give a lot of great feedback.”
In December, the couple graduated from law school and began preparing for the bar exam with a newborn at their side.
“The only way we were able to do it was because we had each other,” said Spencer.
While their journey to becoming lawyers wasn’t typical, the Sukels never let their goals out of sight.
“During law school, I found that being adaptable to change is a paramount attribute to success,” said Rebecca. “It is imperative to be able to adapt when unexpected events occur, or when things do not go to plan, and therefore turn an ostensible hurdle into a trampoline.”
She encourages anyone facing challenges of their own to keep moving forward.
“Don’t be afraid to chart your own course, carve your own path, or march to the sound of your own drum, as you pursue your education and goals,” said Rebecca.
As newly licensed attorneys, Spencer will be an associate at Freeman Mathis & Gary in Cleveland, while Rebecca will practice domestic relations law at Zashin Law, also in Cleveland.
For the attorneys beginning their new professional careers this week, Justice Stewart shared her wisdom to practice law with ethics and integrity.
“Know that no matter who your clients are – organizations or businesses, governmental entities or individuals, those with means and those without – your job will be to zealously and competently provide the best representation possible within the confines of the law. But your job will never be to win at all costs,” she said.
Chief Justice Kennedy encouraged the new lawyers to give back to the communities where they were raised.
“If you’re an Ohio attorney and your home is outside of one of these six counties: Cuyahoga, Franklin, Hamilton, Lucas, Montgomery, and Summit, I ask you to please consider returning home,” she said. “There are 82 legal deserts across Ohio. [Those counties] do not have enough lawyers to represent the needs of families, communities, and businesses.”
Ohio Board of Professional Conduct Issues Advisory Opinion on Improper Fee Agreement
The Board of Professional Conduct has issued an advisory opinion addressing the permissibility of an alternative fee arrangement under the Ohio Rules of Professional Conduct. The opinion replaces Adv. Op. 1995-7 that analyzed the issue under the former Code of Professional Responsibility.
Lawyers often enter into fee agreements with clients under which the lawyer charges an hourly rate for the services provided or a contingent fee that is based on a percentage of the recovery the lawyer obtains for the client. Advisory Opinion 2024-03 concludes that a lawyer may not enter into a fee agreement that converts an hourly rate to a contingent fee dependent upon whichever results in the larger fee to the lawyer. The board reasoned that such an agreement likely interferes with a client’s decision to settle a matter and, in some circumstances, may result in the lawyer charging or collecting an unreasonable or excessive fee.
Ohio Board of Professional Conduct Issues Advisory Opinion on Improper Fee Agreement
The Board of Professional Conduct has issued an advisory opinion addressing the permissibility of an alternative fee arrangement under the Ohio Rules of Professional Conduct. The opinion replaces Adv. Op. 1995-7 that analyzed the issue under the former Code of Professional Responsibility.
Lawyers often enter into fee agreements with clients under which the lawyer charges an hourly rate for the services provided or a contingent fee that is based on a percentage of the recovery the lawyer obtains for the client. Advisory Opinion 2024-03 concludes that a lawyer may not enter into a fee agreement that converts an hourly rate to a contingent fee dependent upon whichever results in the larger fee to the lawyer. The board reasoned that such an agreement likely interferes with a client’s decision to settle a matter and, in some circumstances, may result in the lawyer charging or collecting an unreasonable or excessive fee.
Ohio Board of Professional Conduct Issues Advisory Opinion on Improper Fee Agreement
The Board of Professional Conduct has issued an advisory opinion addressing the permissibility of an alternative fee arrangement under the Ohio Rules of Professional Conduct. The opinion replaces Adv. Op. 1995-7 that analyzed the issue under the former Code of Professional Responsibility.
Lawyers often enter into fee agreements with clients under which the lawyer charges an hourly rate for the services provided or a contingent fee that is based on a percentage of the recovery the lawyer obtains for the client. Advisory Opinion 2024-03 concludes that a lawyer may not enter into a fee agreement that converts an hourly rate to a contingent fee dependent upon whichever results in the larger fee to the lawyer. The board reasoned that such an agreement likely interferes with a client’s decision to settle a matter and, in some circumstances, may result in the lawyer charging or collecting an unreasonable or excessive fee.
Conduct Board Announces May Disciplinary Hearings
The Ohio Board of Professional Conduct today announced four disciplinary cases set for hearing in May. Each case involves allegations of professional misconduct by a lawyer.
All hearings take place before a three-member panel, are open to the public, and begin at 10 a.m. unless otherwise noted.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
May 9
Disciplinary Counsel v. Aaron Paul Hartley
Case No. 2023-001
Respondent’s counsel: George D. Jonson, Cincinnati
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 South Front Street, Columbus
May 14-15 (resumption of hearing commenced on April 12)
Columbus Bar Association v. Kevin Richard McCarty
Case No. 2023-040
Respondent’s counsel: Holly M. Wilson, Cleveland
Hearing location: Moyer Judicial Center, Court of Claims, Courtroom 3B, 65 South Front Street, Columbus
May 16
Disciplinary Counsel v. Jeffrey Charles Miller
Case No. 2023-043
Respondent’s counsel: George D. Jonson, Cincinnati
Hearing location: Moyer Judicial Center, Court of Claims, Courtroom 3B, 65 South Front Street, Columbus
May 21
Disciplinary Counsel v. Rodney Eugene Haven
Case No. 2023-044
Respondent’s counsel: None
Hearing location: Lorain County Court of Common Pleas, Courtroom 705, 225 Court Street, Elyria
Conduct Board Announces May Disciplinary Hearings
The Ohio Board of Professional Conduct today announced four disciplinary cases set for hearing in May. Each case involves allegations of professional misconduct by a lawyer.
All hearings take place before a three-member panel, are open to the public, and begin at 10 a.m. unless otherwise noted.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
May 9
Disciplinary Counsel v. Aaron Paul Hartley
Case No. 2023-001
Respondent’s counsel: George D. Jonson, Cincinnati
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 South Front Street, Columbus
May 14-15 (resumption of hearing commenced on April 12)
Columbus Bar Association v. Kevin Richard McCarty
Case No. 2023-040
Respondent’s counsel: Holly M. Wilson, Cleveland
Hearing location: Moyer Judicial Center, Court of Claims, Courtroom 3B, 65 South Front Street, Columbus
May 16
Disciplinary Counsel v. Jeffrey Charles Miller
Case No. 2023-043
Respondent’s counsel: George D. Jonson, Cincinnati
Hearing location: Moyer Judicial Center, Court of Claims, Courtroom 3B, 65 South Front Street, Columbus
May 21
Disciplinary Counsel v. Rodney Eugene Haven
Case No. 2023-044
Respondent’s counsel: None
Hearing location: Lorain County Court of Common Pleas, Courtroom 705, 225 Court Street, Elyria
Finding the Right Size Legal Services
The legal profession is committed to increasing access to justice by helping people resolve disputes that they cannot resolve on their own. While the level of commitment is high, there are gaps in legal representation that come from a lack of understanding when a lawyer is needed, the type of legal services lawyers can perform, the costs of legal representation, and the funding available for legal services providers.
The Supreme Court of Ohio and the Ohio Board of Professional Conduct have compiled resources to help lawyers and those in need of legal services to understand the types of legal representation, what to expect when hiring a lawyer, and the costs associated with securing legal services.
When a Lawyer Is Needed
One primary consideration in deciding whether to seek legal
representation is whether the case involves complex legal
issues that may require someone with a high degree of legal
education and skill. The Ohio Rules of Professional Conduct
require lawyers to be competent in the area of law in which
they offer legal services.
Consulting with a lawyer or legal aid office in the earliest possible stage of a legal dispute may bring about a more expedient and satisfactory resolution. An initial consultation can also provide valuable information about the complexity of the case and whether parts of the case can be handled by the litigant. In some cases, the problem can be divided into various tasks, some managed by the self-represented litigant and others needing the assistance of a lawyer.
The Work Lawyers Perform
When a client hires a lawyer, the lawyer typically performs
all the legal services necessary to resolve the client’s legal
issue, from fact gathering and legal research to drafting
documents and representing the client in court.
There is another approach that can be useful when encountering issues involving consumer matters, shelter and housing, loans, access to government benefits, and certain family law issues. The approach is referred to as “limited scope representation” and is also known as the “unbundling” of legal services – when a lawyer and client agree to work together on a specific portion of a legal matter. Limited scope can narrow the lawyer’s focus to what clients need most, can be less costly than full representation, and can ensure that a lawyer assists people representing themselves during the more difficult or confusing stages of a case. Because of the limited scope, legal costs are typically lower, which is helpful to people relying on legal aid services or with a limited ability to pay.
When unbundling services, the lawyer has a duty to alert the client to legal issues that are reasonably apparent. Regardless of the scope of representation, lawyers owe the same duties of competence, diligence, loyalty, promptness, communication, and confidentiality to all clients.
Costs of Legal Representation
There are three types of fee arrangements for legal services:
a fixed fee, an hourly fee, or a contingency fee. Whatever the
fee arrangement, it should be discussed at the start of the
lawyer-client relationship and set forth in a written
agreement acknowledged by the lawyer and client.
Fixed fee – sometimes referred to as “flat fee agreement.” The lawyer agrees to provide a specific legal service and the total cost of the work is agreed on in advance. For certain types of legal work, the lawyer can estimate the time involved to accomplish the work and the client knows in advance the total cost of the legal work.
Hourly fee – the most common way to pay for legal services. There are many variables in any legal case. And things can change as more information comes to light. Hourly fees are based on three main factors: time and labor required to perform the legal work; the “going rate” or customary fee for similar work in the location where it is performed; and the experience and ability of the person performing the services.
Contingency fee – for certain types of litigation, such as personal injury or negligence cases. This fee is based on the outcome of the case: If a plaintiff wins the lawsuit or receives a settlement, the law firm is entitled to a percentage of the amount recovered. Either way, the law firm is typically reimbursed for the expenses of preparing the case.
A Written Agreement
Regardless of the reason for hiring a lawyer, the scope of the
legal work, or the fee structure, the Board of Professional
Conduct recommends a written agreement at the start of the
legal representation to avoid confusion or misunderstanding. A
written agreement should include the hourly rate charged by
the lawyer and what may trigger an amendment to the agreement
or the fee structure.
In the case of limited scope representation, the written agreement should include a checklist of the tasks that will be handled by the client and by the lawyer, as well as an acknowledgement that the differences between full and limited scope representation were discussed.
Resources for Further Guidance
The
Children & Families Section of the Supreme Court of Ohio
has developed an online resource about
Limited Scope Representation so that people who may not
otherwise be able to afford a lawyer can get legal help and
cases can move forward in court.
This resource is divided by audience with information specific to lawyers, litigants, and courts. Courts, local bar associations, and legal aid organizations are encouraged to link to this resource from their websites.
For Lawyers: This section focuses on what is permissible within the Rules of Professional Conduct and Rules of Civil Procedure. It discusses strategies for how to engage in limited scope representation, communicating with the client and the court, and terminating representation. Sample engagement letters, checklists, and court notices are included.
For the Public: This section, written in plain language, provides an overview of the benefits to litigants in using limited scope representation, as well as example case types where it may be appropriate. The resource provides sample questions for a litigant to ask a lawyer, engagement letters, and checklists.
For Courts:This section outlines the benefits of limited scope representation for courts, highlights ways that courts may use limited scope representation (such as help centers, legal clinics, hotlines), and identifies strategies for encouraging lawyers to utilize limited scope representation.
The Supreme Court worked with the Ohio State Bar Association along with representatives from the Ohio Access to Justice Foundation, Ohio Legal Help, Akron Bar Association, Legal Aid Society of Columbus, and Office of Disciplinary Counsel to create this resource. Judicial officers and lawyers also participated.
In addition, the Board of Professional Conduct offers an Ethics Guide on Limited Scope Representation. The guide provides a broad perspective on limited scope representation, a lawyer’s duties under the professional conduct rules, and practical advice for lawyers for offering limited scope services.
With these tools, lawyers and potential clients can find the appropriate level of legal representation that best meets the clients’ needs.
February Ohio Bar Exam Results Announced
The Supreme Court of Ohio has results from the February 2024 Ohio Bar Examination.
A total of 370 aspiring attorneys took the exam, and 182 – or 49% – passed.
Of the test takers, 153 sat for the first time with 97 passing, a pass rate of 63%.
The applicants represent 51 Ohio counties and 15 states.
Those who meet all requirements will be sworn in as attorneys during a special session of the Supreme Court at 2 p.m. on Monday, May 6 at the Palace Theatre in Columbus.
Following the ceremony, new attorneys and their guests are invited to the Thomas J. Moyer Ohio Judicial Center. The Ohio State Bar Association will host a reception in the Grand Concourse, including food, complimentary headshots, and photos inside the Courtroom in front of the bench.
The Supreme Court Office of Attorney Services will also be available with information on attorney registration, New Lawyer Training, and the Supreme Court Lawyer to Lawyer Mentoring Program.
The bar exam is administered twice a year by the Court, which regulates the practice of law in Ohio, including the admission of new attorneys, the biennial registration of current attorneys, attorney discipline in cases of misconduct, and the administration of continuing legal education.
Reading and Writing Legal Briefs and Opinions Is Getting Easier
The third edition of the Supreme Court of Ohio Writing Manual will become effective June 17, 2024.
The third edition of the Supreme Court of Ohio Writing Manual will become effective June 17, 2024.
The third edition of the Supreme Court of Ohio Writing Manual is now available and promises to improve the readability of legal documents.
The Writing Manual is the Ohio authority in legal practice for the structure, style, and format of opinions from all courts. It is also widely used as the standard for drafting briefs and pleadings filed with the courts.
More than a decade since the last edition was released, legal research is conducted, and briefs and opinions are read, primarily online rather than on paper. To address technological innovation, and to simplify and modernize legal writing, Chief Justice Sharon L. Kennedy established a committee to revise the Writing Manual in February 2023.
“For attorneys who file briefs it should save them time and expense,” said Chief Justice Kennedy. “Above all, I hope that by making opinions more readable, every citizen will read the opinions behind the decisions to better understand the work of the judiciary in Ohio. Our colleagues and I are grateful to Justice R. Patrick DeWine for chairing the committee and to Justice Melody J. Stewart for serving.”
In addition to the justices the committee was made up of staff who research and draft opinions; attorneys from the civil and criminal bar including prosecutors and defense counsel; legal writing instructors from Ohio law schools; and more. The practitioners were divided into subcommittees, each reviewing and updating one of the sections of the Writing Manual.
The Writing Manual is made up of three parts: the Manual of Citations, Style Guide, and Structure of a Judicial Opinion.
No More Parallel Citations
The biggest change presented in the new edition is the shortening of case citations. Case citations tell the reader where to find a judicial opinion. Historically, when the decision and opinions in a case were printed in two or more different legal reference books, the locations of each were cited in a brief. The idea was to make it easy to locate a case, regardless of which reference book the reader used. This is called “parallel citation.” Today, researchers work primarily online. Parallel citations are no longer necessary since online reference tools have the power to find a case without following the structure of a printed reference.
Ohio will no longer require case citations to cite print publications. An attorney need only cite the web location. Ohio has already been a leader in public domain citation. All cases decided after April 30, 2002, can be found on the SupremeCourt.ohio.gov website. Now, Ohio at the forefront of efforts to modernize citation format. In requiring that only its public domain “WebCite” be cited, Ohio joins Colorado and Illinois as one of three states that have adopted this important change to improve the readability of judicial opinions.
“I am proud that Ohio is now at the forefront in modernizing legal writing,” said Justice DeWine. “These changes will make legal writing more readable, legal opinions shorter, and save lawyers time.”
New guidance based on citation trends can also be found in the new edition. This includes guidelines for citing internet sources, including the use of “permalinks”. These are links that remain unchanged, unlike a link to a web page that can be broken or where the page content becomes unavailable.
Easy to Use
As an added tool, the Writing Manual now includes a “Citations at a Glance” handy reference tool. This was developed from a listing of the most common citation forms that attorneys at the Supreme Court use every day when drafting and editing opinions. And it is now available to all legal writers.
This edition provides new, different, and updated examples to illustrate how to build components of legal opinions. There is updated guidance for using acronyms, abbreviations, and parenthetical nicknames. And it is all easier to find within the Manual, with embedded links in the table of contents for navigating the electronic edition.
Future Lawyers
Before beginning its work, the manual revision committee surveyed legal writing instructors about how they train future lawyers and what their needs are. Most instructors teach The Blue Book uniform system of citation first, and many noted that the Blue Book and the Writing Manual gave different guidance. For example, the Blue Book advises using the section symbol (§), while previous editions of the Writing Manual advised that the word “section” be written out. Under the Blue Book, traditional ellipses (. . .) are used to indicate when words were left out, but the previous version of the Manual used asterisks for ellipses (* * *). Arbitrary differences like these have been removed.
When the subcommittees finished their work, recommendations were sent to the full committee for review. The final recommended changes went to the full Court for approval and the result is the Supreme Court of Ohio Writing Manual (Third Edition).
The second edition will remain available on the Court website until June 17, 2024, when the third edition goes into effect. The overlapping months give practitioners time to try it out and learn the differences between the two editions.
Questions or comments on the Writing Manual can be directed to the Supreme Court Office of the Reporter at REP@sc.ohio.gov or at 800.826.9010. Print copies of the Supreme Court of Ohio Writing Manual may be provided upon request.
Conduct Board Files Attorney Discipline Recommendations
The Ohio Board of Professional Conduct has filed 10 reports with the Supreme Court of Ohio, nine recommending discipline for Ohio attorneys and one recommending discipline for a sitting judge.
The Board dismissed one case after finding the relator failed to prove alleged ethical violations on the part of two attorneys.
Parties will have an opportunity to file objections to the Board’s reports and recommendations with the Supreme Court. If a party files objections, the Supreme Court will schedule the case for oral argument. Objections are not permitted in consent-to-discipline matters.
Additional information about each case, including the report and recommendation, may be obtained by clicking on the case number below.
Cuyahoga County
Disciplinary Counsel v. Carolyn Kaye Ranke
Supreme Court Case No. 2024-0491
Recommended sanction: Disbarment
Cleveland Metropolitan Bar Association v. Robert Smith III
Supreme Court Case No. 2023-0708
Recommended sanction: Two-year suspension
Cleveland Metropolitan Bar Association v. Joanne Brown
Supreme Court Case No. 2024-0487
Recommended sanction: Six-month suspension, stayed
Cleveland Metropolitan Bar Association v. Brian Matthew Taubman
Supreme Court Case No. 2024-0483
Recommended sanction: Public reprimand
Franklin County
Columbus Bar Association v. Amanda Marie Burgess & Michael Dean Christensen
Board Case No. 2023-008
Board resolution: Case dismissed and costs assessed to the relator
Columbus Bar Association v. Teresa Ann Villarreal
Supreme Court Case No. 2024-0492
Recommended sanction: One-year suspension, six months stayed
Hamilton County
Disciplinary Counsel v. Calvin Sylvester Tregre Jr.
Supreme Court Case No. 2024-0493
Recommended sanction: Two-year suspension
Disciplinary Counsel v. Hon. Ralph Edward Winkler
Supreme Court Case No. 2024-0488
Recommended sanction: Public reprimand
Lucas County
Toledo Bar Association v. Joseph William Westmeyer III
Supreme Court Case No. 2024-0489
Recommended sanction: Six-month suspension, stayed
Montgomery County
Disciplinary Counsel v. Frank Michael Payson
Supreme Court Case No. 2024-0481
Recommendation: Impairment suspension
Disciplinary Counsel v. Scott David Bissell
Supreme Court Case No. 2024-0482
Recommended sanction: Two-year suspension, stayed
Conduct Board Files Attorney Discipline Recommendations
The Ohio Board of Professional Conduct has filed 10 reports with the Supreme Court of Ohio, nine recommending discipline for Ohio attorneys and one recommending discipline for a sitting judge.
The Board dismissed one case after finding the relator failed to prove alleged ethical violations on the part of two attorneys.
Parties will have an opportunity to file objections to the Board’s reports and recommendations with the Supreme Court. If a party files objections, the Supreme Court will schedule the case for oral argument. Objections are not permitted in consent-to-discipline matters.
Additional information about each case, including the report and recommendation, may be obtained by clicking on the case number below.
Cuyahoga County
Disciplinary Counsel v. Carolyn Kaye Ranke
Supreme Court Case No. 2024-0491
Recommended sanction: Disbarment
Cleveland Metropolitan Bar Association v. Robert Smith III
Supreme Court Case No. 2023-0708
Recommended sanction: Two-year suspension
Cleveland Metropolitan Bar Association v. Joanne Brown
Supreme Court Case No. 2024-0487
Recommended sanction: Six-month suspension, stayed
Cleveland Metropolitan Bar Association v. Brian Matthew Taubman
Supreme Court Case No. 2024-0483
Recommended sanction: Public reprimand
Franklin County
Columbus Bar Association v. Amanda Marie Burgess & Michael Dean Christensen
Board Case No. 2023-008
Board resolution: Case dismissed and costs assessed to the relator
Columbus Bar Association v. Teresa Ann Villarreal
Supreme Court Case No. 2024-0492
Recommended sanction: One-year suspension, six months stayed
Hamilton County
Disciplinary Counsel v. Calvin Sylvester Tregre Jr.
Supreme Court Case No. 2024-0493
Recommended sanction: Two-year suspension
Disciplinary Counsel v. Hon. Ralph Edward Winkler
Supreme Court Case No. 2024-0488
Recommended sanction: Public reprimand
Lucas County
Toledo Bar Association v. Joseph William Westmeyer III
Supreme Court Case No. 2024-0489
Recommended sanction: Six-month suspension, stayed
Montgomery County
Disciplinary Counsel v. Frank Michael Payson
Supreme Court Case No. 2024-0481
Recommendation: Impairment suspension
Disciplinary Counsel v. Scott David Bissell
Supreme Court Case No. 2024-0482
Recommended sanction: Two-year suspension, stayed
Public Comment Open: Proposed Changes to CLE Requirements
The Supreme Court of Ohio has opened a 45-day period for public comment on proposed amendments to the Rules for the Government of the Bar of Ohio regarding continuing legal education (CLE) requirements for Ohio attorneys.
The current rules require attorneys to complete 24 hours of continuing legal education every two years, including at least 2.5 hours of “professional conduct” instruction (Gov. Bar R. X, Sec. 3(B)). That now includes any one or a combination of topics including access to justice and “fairness in matters of race, ethnicity, foreign origin, religion, gender, sexual orientation, disability, socio-economic status, or other relevant topics.”
The changes would revise the access to justice and fairness category to address “cultural competency” more specifically, as recommended by the Ohio State Bar Association. They include implicit and explicit bias, equal access to justice, serving a diverse population, diversity and inclusion initiatives in the legal profession, and cultural competency in the practice of law or the administration of justice.
Comments should be submitted in writing before April 29, 2024, to:
Tammy White
Attorney Services Manager
Supreme Court of Ohio
65 S. Front St., 7th Floor
Columbus, OH 43215
or
Tammy.White@sc.ohio.gov
Mock Trials Give Students First Step Toward Careers in Law
High school mock trial season in Ohio has come to an end with Springfield High School taking the state title after the final round of competition at the Moyer Judicial Center.
For two days, 28 teams from across the state showcased their hard work at the Franklin County Courthouse, vying for a spot in the championship at the Supreme Court of Ohio.
Ahead of the competition, Chief Justice Sharon L. Kennedy wished the students luck.
“Regardless of today’s outcome, tomorrow holds an opportunity for you to take the first step toward serving the legal needs of others.”
This year, Springfield High School defeated Archbishop Hoban during the third and final round to move on to the national competition.
Sponsored by the Ohio Center for Law-Related Education (OCLRE), the Ohio Mock Trial program is the largest non-athletic competition in the state. Nearly 3,000 students compete with the help of more than 1,000 legal professionals who volunteer as legal advisors, case committee members, and judges.
The committee meets in late spring to choose the case each team will prepare and argue leading up to the championship.
“It seems, you know, in a blink of an eye we’re here in this moment and the case has been brought to life,” says OCLRE Executive Director Kate Strickland. “The students’ arguments are beyond compelling. They’ve brought life to the witnesses. It’s such an exciting time.”
For the students, it’s more than a competition. Many see mock trial as the start to their careers in law.
“Law is obviously one of my bigger things,” says Hannah Mattison, a member of the championship team. “I am hoping to pursue a career as an art attorney dealing with intellectual property law, maybe working with a museum or an auction house.”
For teammate Melissa McMahon, who won the Outstanding Witness Award over the weekend, a career in criminal law may be in the future.
“I’ve also thought about going into child law – seeing how that environment is, I honestly don’t know which one I am going to go with yet,” she says.
Ben Oehlers is still deciding the path he wants to take after graduation, but law is certainly an option.
He first joined the mock trial team as a way to compete academically and challenge himself.
“I kept doing it because I really found a lot of things I could improve on in mock trial and just in public speaking as well,” says Oehlers. “That was very beneficial to me being able to know the ways I could improve in public speaking, creating arguments, thinking logically and rationally – those are all useful skills that I built. I really enjoyed building them through mock trial.”
Beyond the competition, Strickland explained that seeing the way the students treat each other as they display their skills and civility is a rewarding part of the experience.
Rural Attorney Program Repays Student Loans
Soon-to-be and young lawyers can save on their student loans while helping underserved communities through the Rural Attorney Incentive Program.
Soon-to-be and young lawyers can save on their student loans while helping underserved communities through the Rural Attorney Incentive Program.
Court administrator Kim Seitz is a one-person administrative office for Vinton County Court of Common Pleas. She spends much of her time coordinating the court’s docket with a limited number of attorneys who can take on criminal and family law cases.
“We have only five or six attorneys we can appoint to cases, and only one of them lives in the county,” said Seitz. “We cluster as many cases as we can for those attorneys, so they don’t have to travel back and forth as much.”
A shortage of attorneys to meet the legal needs of the people she serves isn’t exclusive to the state’s least-populated county. It’s a statewide concern. People living in these communities are far less likely to have access to lawyers as they navigate complex legal issues related to health care, housing, food assistance, criminal defense, juvenile cases, abuse, and delinquency.
“Today, nearly 75% of Ohio lawyers practice in the state’s six largest counties, leaving 56% of Ohioans with too few attorneys to meet their legal needs,” said Supreme Court of Ohio Chief Justice Sharon L. Kennedy.
The chief justice is partnering with organizations throughout the state to help bridge that gap in access to justice. The Rural Practice Incentive Program is a state-funded loan repayment initiative that’s focused on connecting newer lawyers with communities that have too few lawyers. The program is administered by the Ohio Department of Higher Education (ODHE).
“It’s a win-win not only for those newly licensed attorneys who have loans to repay, but also those communities where their expertise is most needed,” said ODHE Chancellor Mike Duffey.
Attorneys can serve as prosecutors or public defenders, ensuring that a person charged with a crime is fairly treated throughout the judicial process as required by the U.S. and Ohio Constitutions. Lawyers can also serve as a court-appointed attorney. Those attorneys can represent people who can’t afford a lawyer or a child in a legal matter, such as a parental rights dispute or a case involving abuse or neglect.
“Being in court can be incredibly stressful for people because there are so many things they don’t understand. That’s why it’s so important for us to have these appointable attorneys to explain to their clients about the process and put them at ease,” said Seitz.
Lawyers who commit to a minimum of three years and up to five years in an underserved community can receive up to $10,000 per year toward student loan repayment. An underserved community is one where there is one attorney or fewer per 700 residents. Eligible lawyers must be licensed for less than eight years and cannot be participating in another state or federally funded student loan repayment or debt forgiveness program.
People who want to apply can do so through the ODHE website. Applications are due by March 15.
“Every Ohioan should have access to justice. Working together, we will close the gap in legal services in Ohio,” said Chief Justice Kennedy.
Conduct Board Releases January Disciplinary Hearings
The conduct board will hear two cases this month.
The conduct board will hear two cases this month.
The Ohio Board of Professional Conduct today announced two January disciplinary cases involving hearings for attorneys.
All hearings begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
January 11-12
Toledo Bar Association v. Joseph William Westermeyer III
Case No. 2023-022
Respondent’s counsel: Charles J. Kettlewell, Columbus
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
January 22
Cleveland Metro. Bar Association v. Robert Smith III
Case No. 2023-007
Respondent’s counsel: James L. Hardiman, Cleveland
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
Conduct Board Releases January Disciplinary Hearings
The conduct board will hear two cases this month.
The conduct board will hear two cases this month.
The Ohio Board of Professional Conduct today announced two January disciplinary cases involving hearings for attorneys.
All hearings begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
January 11-12
Toledo Bar Association v. Joseph William Westermeyer III
Case No. 2023-022
Respondent’s counsel: Charles J. Kettlewell, Columbus
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
January 22
Cleveland Metro. Bar Association v. Robert Smith III
Case No. 2023-007
Respondent’s counsel: James L. Hardiman, Cleveland
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
Bar Application Rule Changes Approved
The way prospective attorneys apply to practice law in Ohio has been streamlined, and admission for early professionals and out-of-state attorneys has been expanded.
The amendments are within the Rules for Government of the Bar of Ohio. The rule changes approved by the Supreme Court of Ohio go into effect Apr. 1.
The first amendment removes the requirement that applicants submit fingerprints as part of the Ohio bar examination process. Currently, applicants are required to have their fingerprints taken by a law enforcement agency and submitted as part of the exam registration. Examinees then give a sample fingerprint at the testing location to ensure they are the same person who applied. Starting with the July 2024 bar exam, examinees will instead be required to submit a copy of a state-issued ID or passport-style photo during the initial registration process that will be verified at the exam.
Another rule change expands legal internships. The amendment allows limited practice by law students who have completed one-third of their legal education and recent law school graduates. The change provides people who want to become lawyers practical experience while filling a need for services in the private sector and public service, including legal aid.
A separate amendment revises the standards for out-of-state attorneys who want to be licensed in Ohio without taking the bar exam. Currently, Ohio rules require an attorney to practice full-time for five of the past ten years to qualify. The rule change will allow part-time attorneys to apply if they’ve practiced for at least 1,000 hours a year for five of the most recent seven years. The rule aligns with most other states’ admission without examination rules and guidance from the American Bar Association.
Attorneys admitted to practice in a U.S. territory, such as Puerto Rico, the U.S. Virgin Islands, or Guam, are now also eligible to apply for admission without examination under the changes.
An additional rule change pertains to a bar applicant’s character and fitness review by the Court. The time for the applicant’s record to be under seal will be reduced from 60 to 30 days. Applicants can request to keep their record or portions of the record confidential within that time. The window was shortened for the mandatory sealing period to make the review process more efficient.
Public Comment Requested Regarding Five-Judge Commissions
The Supreme Court of Ohio is accepting public comment on proposed amendments that would update the rules concerning election-related violations by a judicial candidate and complaints that would remove a judge from the bench.
The specific changes address five-judge commissions under the Rules for the Government of the Judiciary of Ohio. Five-judge commissions are appointed by the Supreme Court to hear complaints alleging violations by a judicial candidate of certain election-related requirements and prohibitions. Commissions also hear complaints where there is a retirement due to disability, removal, or suspension of a judge. The judges on a commission must be selected from a different appellate district than the accused.
The proposed changes to Gov.Jud.R. II and III would add new requirements. These include a judge having at least four years of experience to be eligible to serve on a commission. Additionally, political designation could impact the composition of a five-judge commission. If the accused judge or judicial candidate belongs to a major political party, no more than three commission members can be of the same party with the other judges required to be of a different political party. For judicial-election related commissions, the amendment would also prohibit a judge from serving on the commission if they are a current candidate for judicial office. Finally, the judge with the longest time of service on the bench would be appointed as the commission chair and be required to schedule the date, time, and location of the commission’s first meeting.
Comments should be submitted in writing before Jan. 29, 2024, to:
John VanNorman
Chief Legal Counsel
Supreme Court of Ohio
65 S. Front St., 7th Floor
Columbus, OH 43215
Public Comment Open on Proposed Rule Changes
The Supreme Court of Ohio has opened a 45-day period for public comment on proposed amendments to the Rules of Practice and Procedure in Ohio Courts. This is the second public comment period for the proposed changes to appellate, civil, criminal, evidence, and juvenile rules.
Proposed changes to the rules of practice and procedure include:
- Deadlines for certain post-arrest events.
- Expansion of who can reopen an appeal based on ineffective counsel.
- Time limits for depositions in civil matters.
- Clarification on which rules apply to custody, parenting time, and child support cases.
Criminal Rules
The amendments to Rule 4 of the Criminal Rules of Procedure would establish set time standards for probable cause determination and the initial appearance by the defendant. If the arrest occurs without a warrant and the person remains in custody, the rule would require the court to hold a probable cause review within 48 hours of an arrest. The defendant must also have a hearing no later than two court days after the arrest.
Reopening Appeal
A proposed change in the Rules of Appellate Procedure would expand the categories of defendants who can reopen an appeal claiming ineffective assistance of counsel. Currently, the rule is limited to defendants in a criminal case. The amendment would include a delinquent child in a juvenile case; a party in an abuse, neglect, dependency matter; and a defendant facing civil commitment after a finding of unrestorable incompetence in a criminal action.
Civil Rule Changes
A change to Rule 30 in the Civil Rules of Procedure would limit individual depositions to one day of up to seven hours, unless otherwise stipulated or ordered by the court. Currently, there are no rules limiting deposition times. The proposal aligns with a similar federal rule.
Multiple amendments have also been proposed regarding service of summonses and subpoenas. Proposed changes to Civ.R. 4 and Civ.R. 4.7 would clarify waiver of service guidelines for domestic relations and civil protection order cases. With a waiver of service, a party voluntarily enters a lawsuit without the opposing party having to serve them a summons. The effort saves both time and money for courts and parties.
For all civil waivers of service, another rule change clarifies that a waiver signed by a party’s attorney is presumed to be authorized. An additional amendment would obligate anyone signing a waiver to provide an address, either mailing or email, for future service.
Other changes help clarify who can sign for service by certified or express mail, and updated rule language for people serving subpoenas.
Expert Witness Qualification
Rule 702 in the Rules of Evidence states the criteria that must be met for a witness to testify as an expert. An amendment would add that criteria must be proven under a “more likely than not” standard.
Juvenile Procedure
A change to Rule 1 in the Juvenile Rules of Procedure would resolve inconsistent interpretations of the rules in cases between married and unmarried people for custody, parenting time, companionship, visitation, and child support cases in which child protective services is not, or is no longer, a party to the action. The amendment would remove such proceedings from the scope of the juvenile rules leaving the civil rules to govern.
According to the Ohio Constitution, an initial draft of proposed amendments to rules of procedure must be filed with the General Assembly by Jan. 15, 2024. A final draft must be filed by May 1, 2024, for the amendments to take effect on July 1, 2024.
Sending Comments
Publication of proposed amendments to court rules is designed to obtain thoughtful and meaningful feedback on the legal and practical effect of the proposals from the judiciary, attorneys, and the public. Comments will be reviewed by the Commission on the Rules of Practice and Procedure and provided to the Supreme Court justices.
Comments should be submitted in writing by Feb. 5, 2024, to:
Michel Jendretzky
Legal Counsel
Supreme Court of Ohio
65 S. Front St., 7th Floor
Columbus, OH 43215
Board of Professional Conduct Reelects Leadership for 2024
Judge D. Chris Cook and attorney Patrick M. McLaughlin will continue to lead the Board of Professional Conduct as chair and vice-chair.
Judge D. Chris Cook and attorney Patrick M. McLaughlin will continue to lead the Board of Professional Conduct as chair and vice-chair.
The Ohio Board of Professional Conduct today announced the reelection of Judge D. Chris Cook as chair and attorney Patrick M. McLaughlin as vice-chair. Commissioners Cook and McLaughlin will serve their second, one-year terms in their respective positions beginning Jan. 1.
Judge Cook has served on the Lorain County Court of Common Pleas, General Division, since 2016. Before his judgeship, Cook’s practice included acting as bar counsel for the Lorain County Bar Association where he prosecuted disciplinary cases before the conduct board. Judge Cook has served on the board since 2018, including as vice-chair from 2021 to 2022.
McLaughlin, a former United States attorney for the Northern District of Ohio, has practiced law for 46 years. He is also a fellow of the American College of Trial Lawyers. McLaughlin has been on the conduct board since 2017 during which he has served on the board’s rules and advisory opinion committees and as a member of a probable cause panel.
The Board of Professional Conduct consists of 28 volunteer members appointed by the Supreme Court of Ohio justices. The board conducts hearings involving allegations of ethical violations by Ohio lawyers and judges and recommends discipline for professional misconduct.
The board also engages in education and outreach activities that promote compliance with legal ethics rules and bring greater transparency to the disciplinary process.
Board of Professional Conduct Issues Advisory Opinions
The Ohio Board of Professional Conduct has issued two new advisory opinions that address a lawyer’s use of a lien in a fee agreement and a lawyer’s offer or acceptance of a settlement agreement that prohibits the disclosure of a public record.
Advisory Opinion 2023-12 holds that a plaintiff’s lawyer may not include language in a contingency fee agreement that would require the client to give the lawyer a lien based on the highest settlement offer made prior to the termination of the client-lawyer relationship. The board concluded that a lien calculated on this basis could unreasonably burden or penalize the client and in some cases create an impermissible and excessive fee arrangement.
Advisory Opinion 2023-13 addresses a lawyer’s offer or acceptance of a settlement agreement that would prohibit a lawyer from disclosing the agreement or other information that constitutes a public record under state or federal law. The board reasoned that such an agreement serves as an improper restriction on a lawyer’s right to practice under the Rules of Professional Conduct, limits a lawyer’s ability to advertise and market his or her services, and interferes with the public’s right to choose lawyers with the necessary background and experience to pursue a claim.
Court Provides Free Legal Help for 15 Years
Judge Luann Cooperrider estimates the free legal clinic has served more than 1,500 people who can't afford an attorney.
Judge Luann Cooperrider estimates the free legal clinic has served more than 1,500 people who can't afford an attorney.
Sitting as a judge means serving a community. That’s why Perry County Probate and Juvenile Judge Luann Cooperrider has a program to assist people with legal issues who can’t afford a lawyer.
“I believe in getting off the bench and seeing the people who share my community,” said Judge Cooperrider, who has held the seat in her native county for 32 years.
Judge Cooperrider is celebrating her 15th year coordinating the Perry County Free Legal Clinic. The monthly event – held with the support of Perry County Municipal Judge Dean Wilson, Southeastern Ohio Legal Services, and volunteer attorneys – assists people who can’t afford a lawyer with civil cases, such as evictions, divorces, and child custody issues. Legal aid and volunteer attorneys help clients fill out court forms, explain the steps needed to resolve legal issues, and, sometimes, agree to take a case.
“We’re giving people needed assistance through what can be a very complex system. At the very least, we’re pointing them in the right direction,” said Judge Cooperrider, who says the program has assisted around 1,500 people to date.
The idea for the legal clinic came from the challenges Judge Cooperrider saw in court visitors trying to navigate the justice system without any guidance from an attorney. Some would physically get lost in a 19th century courthouse that holds three separate courts – municipal, common pleas, and probate and juvenile. Others wouldn’t know the paperwork or documentation needed for filings. The legal clinic removes the guesswork.
“People simply need to come to the probate court where they’re assigned an attorney. We also prepare all the necessary court forms, so all the paperwork they and their attorney need are right there,” said Judge Cooperrider.
The program’s longevity has allowed the judge to resolve more complicated issues during special legal clinics that require assistance from other agencies, like the Bureau of Motor Vehicles and Department of Job and Family Services. There have been driver’s license reinstatement clinics to get people legally back on the road and criminal record sealing clinics so people with low-level offenses aren’t hindered by their past when applying for jobs or housing.
For Judge Cooperrider, each case is an opportunity to remove a barrier in someone’s life. It can be someone trying to move on from a divorce, addressing an old issue with the law, or reconnecting with a child through visitation.
“We’re all a part of Perry County. The more we can help people resolve problems that are holding back their lives, the more we can move forward as a community,” Judge Cooperrider said.
Court Provides Free Legal Help for 15 Years
Judge Luann Cooperrider estimates the free legal clinic has served more than 1,500 people who can't afford an attorney.
Judge Luann Cooperrider estimates the free legal clinic has served more than 1,500 people who can't afford an attorney.
Sitting as a judge means serving a community. That’s why Perry County Probate and Juvenile Judge Luann Cooperrider has a program to assist people with legal issues who can’t afford a lawyer.
“I believe in getting off the bench and seeing the people who share my community,” said Judge Cooperrider, who has held the seat in her native county for 32 years.
Judge Cooperrider is celebrating her 15th year coordinating the Perry County Free Legal Clinic. The monthly event – held with the support of Perry County Municipal Judge Dean Wilson, Southeastern Ohio Legal Services, and volunteer attorneys – assists people who can’t afford a lawyer with civil cases, such as evictions, divorces, and child custody issues. Legal aid and volunteer attorneys help clients fill out court forms, explain the steps needed to resolve legal issues, and, sometimes, agree to take a case.
“We’re giving people needed assistance through what can be a very complex system. At the very least, we’re pointing them in the right direction,” said Judge Cooperrider, who says the program has assisted around 1,500 people to date.
The idea for the legal clinic came from the challenges Judge Cooperrider saw in court visitors trying to navigate the justice system without any guidance from an attorney. Some would physically get lost in a 19th century courthouse that holds three separate courts – municipal, common pleas, and probate and juvenile. Others wouldn’t know the paperwork or documentation needed for filings. The legal clinic removes the guesswork.
“People simply need to come to the probate court where they’re assigned an attorney. We also prepare all the necessary court forms, so all the paperwork they and their attorney need are right there,” said Judge Cooperrider.
The program’s longevity has allowed the judge to resolve more complicated issues during special legal clinics that require assistance from other agencies, like the Bureau of Motor Vehicles and Department of Job and Family Services. There have been driver’s license reinstatement clinics to get people legally back on the road and criminal record sealing clinics so people with low-level offenses aren’t hindered by their past when applying for jobs or housing.
For Judge Cooperrider, each case is an opportunity to remove a barrier in someone’s life. It can be someone trying to move on from a divorce, addressing an old issue with the law, or reconnecting with a child through visitation.
“We’re all a part of Perry County. The more we can help people resolve problems that are holding back their lives, the more we can move forward as a community,” Judge Cooperrider said.
Court Provides Free Legal Help for 15 Years
Judge Luann Cooperrider estimates the free legal clinic has served more than 1,500 people who can't afford an attorney.
Judge Luann Cooperrider estimates the free legal clinic has served more than 1,500 people who can't afford an attorney.
Sitting as a judge means serving a community. That’s why Perry County Probate and Juvenile Judge Luann Cooperrider has a program to assist people with legal issues who can’t afford a lawyer.
“I believe in getting off the bench and seeing the people who share my community,” said Judge Cooperrider, who has held the seat in her native county for 32 years.
Judge Cooperrider is celebrating her 15th year coordinating the Perry County Free Legal Clinic. The monthly event – held with the support of Perry County Municipal Judge Dean Wilson, Southeastern Ohio Legal Services, and volunteer attorneys – assists people who can’t afford a lawyer with civil cases, such as evictions, divorces, and child custody issues. Legal aid and volunteer attorneys help clients fill out court forms, explain the steps needed to resolve legal issues, and, sometimes, agree to take a case.
“We’re giving people needed assistance through what can be a very complex system. At the very least, we’re pointing them in the right direction,” said Judge Cooperrider, who says the program has assisted around 1,500 people to date.
The idea for the legal clinic came from the challenges Judge Cooperrider saw in court visitors trying to navigate the justice system without any guidance from an attorney. Some would physically get lost in a 19th century courthouse that holds three separate courts – municipal, common pleas, and probate and juvenile. Others wouldn’t know the paperwork or documentation needed for filings. The legal clinic removes the guesswork.
“People simply need to come to the probate court where they’re assigned an attorney. We also prepare all the necessary court forms, so all the paperwork they and their attorney need are right there,” said Judge Cooperrider.
The program’s longevity has allowed the judge to resolve more complicated issues during special legal clinics that require assistance from other agencies, like the Bureau of Motor Vehicles and Department of Job and Family Services. There have been driver’s license reinstatement clinics to get people legally back on the road and criminal record sealing clinics so people with low-level offenses aren’t hindered by their past when applying for jobs or housing.
For Judge Cooperrider, each case is an opportunity to remove a barrier in someone’s life. It can be someone trying to move on from a divorce, addressing an old issue with the law, or reconnecting with a child through visitation.
“We’re all a part of Perry County. The more we can help people resolve problems that are holding back their lives, the more we can move forward as a community,” Judge Cooperrider said.
Court Provides Free Legal Help for 15 Years
Judge Luann Cooperrider estimates the free legal clinic has served more than 1,500 people who can't afford an attorney.
Judge Luann Cooperrider estimates the free legal clinic has served more than 1,500 people who can't afford an attorney.
Sitting as a judge means serving a community. That’s why Perry County Probate and Juvenile Judge Luann Cooperrider has a program to assist people with legal issues who can’t afford a lawyer.
“I believe in getting off the bench and seeing the people who share my community,” said Judge Cooperrider, who has held the seat in her native county for 32 years.
Judge Cooperrider is celebrating her 15th year coordinating the Perry County Free Legal Clinic. The monthly event – held with the support of Perry County Municipal Judge Dean Wilson, Southeastern Ohio Legal Services, and volunteer attorneys – assists people who can’t afford a lawyer with civil cases, such as evictions, divorces, and child custody issues. Legal aid and volunteer attorneys help clients fill out court forms, explain the steps needed to resolve legal issues, and, sometimes, agree to take a case.
“We’re giving people needed assistance through what can be a very complex system. At the very least, we’re pointing them in the right direction,” said Judge Cooperrider, who says the program has assisted around 1,500 people to date.
The idea for the legal clinic came from the challenges Judge Cooperrider saw in court visitors trying to navigate the justice system without any guidance from an attorney. Some would physically get lost in a 19th century courthouse that holds three separate courts – municipal, common pleas, and probate and juvenile. Others wouldn’t know the paperwork or documentation needed for filings. The legal clinic removes the guesswork.
“People simply need to come to the probate court where they’re assigned an attorney. We also prepare all the necessary court forms, so all the paperwork they and their attorney need are right there,” said Judge Cooperrider.
The program’s longevity has allowed the judge to resolve more complicated issues during special legal clinics that require assistance from other agencies, like the Bureau of Motor Vehicles and Department of Job and Family Services. There have been driver’s license reinstatement clinics to get people legally back on the road and criminal record sealing clinics so people with low-level offenses aren’t hindered by their past when applying for jobs or housing.
For Judge Cooperrider, each case is an opportunity to remove a barrier in someone’s life. It can be someone trying to move on from a divorce, addressing an old issue with the law, or reconnecting with a child through visitation.
“We’re all a part of Perry County. The more we can help people resolve problems that are holding back their lives, the more we can move forward as a community,” Judge Cooperrider said.
Conduct Board Announces December Disciplinary Hearings
The Ohio Board of Professional Conduct today announced two December disciplinary cases involving hearings for attorneys.
All hearings begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
December 4-6
Columbus Bar Association v. Amanda Marie Burgess and Michael Dean Christensen
Case No. 2023-008
Respondent’s counsel: Alvin E. Mathews, Jr., Columbus (Respondent-Burgess); Charles J. Kettlewell, Columbus (Respondent-Christensen)
Hearing location: Thomas J. Moyer Ohio Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
December 12-13
Disciplinary Counsel v. Carolyn Kaye Ranke
Case No. 2023-049
Respondent’s counsel: None
Hearing location: Moyer Judicial Center, Court of Claims, Courtroom 3B, 65 S. Front St., Columbus
Conduct Board Announces December Disciplinary Hearings
The Ohio Board of Professional Conduct today announced two December disciplinary cases involving hearings for attorneys.
All hearings begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
December 4-6
Columbus Bar Association v. Amanda Marie Burgess and Michael Dean Christensen
Case No. 2023-008
Respondent’s counsel: Alvin E. Mathews, Jr., Columbus (Respondent-Burgess); Charles J. Kettlewell, Columbus (Respondent-Christensen)
Hearing location: Thomas J. Moyer Ohio Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
December 12-13
Disciplinary Counsel v. Carolyn Kaye Ranke
Case No. 2023-049
Respondent’s counsel: None
Hearing location: Moyer Judicial Center, Court of Claims, Courtroom 3B, 65 S. Front St., Columbus
Community Support to Keep Veterans out of Justice System
Ohio courts are working as part of a statewide mission to prevent active and retired military members from entering and getting deeper into the criminal justice system.
Judges and court staff were joined by law enforcement, treatment providers, and leaders in the veterans community for a recent summit in Columbus dedicated to aiding those who served. The Lean Forward initiative is based on building connections between the courts and their community partners to share new approaches that address legal troubles, mental health and substance use issues, and living essentials, such as housing and employment.
“This is the goal of the lean forward initiative, so that all service members and veterans can come wholly home without ever touching the judicial system,” said Supreme Court of Ohio Chief Justice Sharon L. Kennedy.
This year’s theme focused on deflection and examining how police officers, court personnel, and agencies that serve veterans can intervene as early as possible to help struggling military members. When possible, law enforcement works to avoid an arrest to prevent someone from appearing in court and getting further entangled in the justice system.
“It's about connecting people with resources, looking at the warning signs, developing relationships with police officers, folks that can intervene before that arrest happens,” said retired Justice Evelyn Lundberg Stratton, a pioneer in mental health treatment programs and the judiciary.
Stratton founded the Lean Forward program when she realized her work to expand mental health courts could be easily replicated to benefit active and retired military personnel.
One of the challenges for treatment courts is that judges and court personnel typically aren’t aware of an issue with a veteran until they are already involved in the system. But according to Stratton, judges are respected and influential people in their communities who can initiate a more proactive and connected network looking after service members.
The goal is to keep veterans and active military personnel out of the justice system. But when that’s not possible, veterans treatment courts can help address mental health and substance use disorders along with housing, employment, and other needs to provide stability.
“Courts are in a way a deflector because they can put someone into a diversion program and potentially dismiss charges,” said Stratton. “And those programs also can help provide a structure and community that’s so important to people who’ve been in the military.”
Not all courts have a veterans treatment program, and not all counties have the same level of services. The summit provides information, resources, and connections so attendees can share what’s valuable to them with their communities to provide layers of support to service members, veterans, and their families.
“These conferences motivate me to be more aware of the veterans in our community, to learn what’s available to them, and how we can overcome some of the barriers to them or their struggles,” said Aliesha Boonie, a probation officer in Huron County.
The Many Sacrifices That Make an Attorney
Stephanie Alisha Darville. Some know her as a friend, daughter, partner, or parent. On Monday, she was introduced to the legal community as one of 613 new Ohio lawyers.
“We congratulate all of you on passing the bar exam. This is the culmination of 20 years or more of formal education,” Chief Justice Sharon L. Kennedy told the attendees during her remarks.
“It's amazing to have my family here, to witness that and to see the sacrifices they also made and to see how that has now come to fruition,” said Darville, a recent University of Cincinnati College of Law graduate.
Darville shared the joy of her achievement with her parents, fiancé, and children during the Supreme Court of Ohio bar admissions ceremony at the Palace Theatre in Columbus. To get there, she had to earn a law degree, pass the bar exam, and clear a background check that demonstrates a person’s character and fitness to practice law.
Darville’s track was nontraditional. During her master’s degree studies in public health, she took a course in health law policy and became fascinated by health care litigation. The decision to change her career trajectory toward the legal profession came with the added challenges of being a young mother.
“I started law school when my son Zhane was 18 months. He's also autistic. So that meant more doctor's appointments and therapy sessions for him,” said Darville, who gave birth to her youngest son, Jari, right before law school graduation in the spring, just three months before the July bar exam.
Darville credits her family for the support that made it possible for her stay on track with her studies, especially her parents, Annmarie and Allister, who resettled near Cincinnati from the Bahamas.
“I chose the legal profession because I believed it was a way I can help people, to use my education and skillset to resolve complex problems,” said Darville.
That ideal is part of the oath each new lawyer must take during the bar admission ceremony. When it came time for Darville’s turn, she raised her right hand, vowing to uphold the laws of the U.S. and Ohio constitutions and to maintain ethical and civil integrity expected of all attorneys. She now shares those duties with more than 43,000 Ohio lawyers.
“I want to be able to show those who come after me that no matter what hurdles you face, you can still pursue your dreams. You can do it if you believe in yourself and if you have a few people that can believe in you, as well,” said Darville.
Students Sense Possibilities in Law After Historic Visit
A unique experience at an eastern Ohio high school allowed students to see and consider a career in the legal profession.
Approximately 450 students from Jefferson and Harrison counties were recently at Buckeye Local High School to watch Supreme Court of Ohio cases in person. It was the first time the Off-Site Court Program was held Jefferson County. The program has now traveled to 73 counties allowing over 34,000 students to see the state’s high court up close.
“I thought it was very interesting to see how it all goes down. The entire process is so formal from how the cases are set up to how everyone talks to each other,” said Elizabeth Stock, a senior at Buckeye Local.
She saw how opposing sides present their arguments to the seven justices who would determine if laws were properly applied. There were no witnesses or jurors like you see in a trial court. At this level of appeal, they are not re-trying the case, only making their argument on legal issues. And each side was limited to 15 minutes of oral arguments. The justices often take up much of the time with questions, as they work to get at the heart of the legal or constitutional issues of the appeal.
Several students said it was their first real exposure to the judicial system having never seen a real court case or met a lawyer. In her remarks to the students, Chief Justice Sharon L. Kennedy said she is hopeful Off-Site Court will spark an interest in the legal profession for an area in need of more lawyers. She said a county is legally underserved when there is less than one attorney per 700 people. Between Jefferson and Harrison counties, the chief justice stated there are 55 private practice attorneys for a population of 78,474 people. That averages to one attorney for every 1,427 people.
“Our profession needs smart young people like yourselves to serve your community,” Chief Justice Kennedy told the young people, encouraging them to consider a career helping people in need in their hometown.
While Off-Site Court gives students a better understanding of the Supreme Court process, it also gives teenagers the opportunity to learn more about the justices and attorneys who are part of that system. Before the first case, the justices took questions from the students that ranged from knowing more about their judicial responsibilities to how and why the justices joined the Supreme Court. Many students were surprised to hear the varied backgrounds of the justices that include career pivots from politics, police work, and music.
“I figured they had their life set and this is what they wanted to do,” said Noah Jock, also a senior at Buckeye Local. “So, it was interesting to hear how things can change at any moment and how you can to achieve new career goals, as long as you try.”
After each case, the students got a chance to ask questions of the attorneys who argued the cases. Each side went into more detail about their case. Students followed with their own questions about the cases involving a traffic stop, a public records request, and public utility rights on private property.
“It’s a reminder of why we should know our constitutional rights because if it’s something that can happen any day, like getting pulled over by police. You should know what's allowed, and how to handle that situation,” said Stock.
The students were curious to know more about the attorneys themselves and the work they do. They learned the differences that come with being a prosecutor, defense lawyer, and appellate attorney. The students also got a better sense of the hours of research, writing, and practicing arguments that go into trial and appellate cases. One of the students saw similarities in how he and his classmates work through projects. And how that could translate to the practice of law.
“You and your friends discuss a topic, you lay out all the possibilities, and ask what the best option is. That's what the justices and lawyers were doing with the laws,” said Jock.
Court Expands Public Access Through Online Chat
The clerks at Ashtabula Municipal Court can now answer questions online in real time through a live chat.
The clerks at Ashtabula Municipal Court can now answer questions online in real time through a live chat.
The way people can interact with courts using technology and digital access is unlike anything Tonja Amato could have imagined when she first started as a clerk at Cuyahoga County Juvenile Court.
“Back in the ’90s when people had a question about their case, there were only two options: in person and over the phone,” said Amato, who became the court administrator for Ashtabula Municipal Court in 2016.
The Ashtabula court’s newest service features direct communication in a modern way – an online chat. During court hours, people can instantaneously message a member of the clerk’s office to get answers for any court-related questions. The most common are the cost of a traffic ticket, whether a person has any court fines, and the date of a court hearing.
“We’re a really busy court, and this feature allows us to save time for the public and our staff,” said Amato, referring to the nine employees who processed 6,673 cases in 2022, according to case statistics submitted to the Supreme Court of Ohio.
The chat icon in the bottom right corner of the municipal court’s website guides users through one or two basic questions. The answers direct the user to the appropriate section of the clerk’s office, which is divided into traffic, criminal, civil, and small claims cases. If one staff member doesn’t have an answer, the user is immediately connected to another person for help. Chat conversations can be saved by downloading the transcript to a computer or smartphone, so the user doesn’t forget any important information.
“We provide clear and concise information, so people understand their situations and the court’s processes,” said Amato.
She hopes the addition of the online chat will lead to other advancements in how the court can connect with people. Those include e-filing, which eliminates the need to submit documents in person or by fax, and an online court docket, so anyone can access information about a case or a traffic ticket at any time.
“They’re significant steps in improving the court’s public communication and accessibility, further solidifying our commitment to serving the community,” said Amato.
Conduct Board Releases November Disciplinary Hearings
The Ohio Board of Professional Conduct today announced three November disciplinary cases involving hearings for attorneys.
All hearings begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
November 7
Disciplinary Counsel v. Jo Ellen Kaiser
Case No. 2023-017
Respondent’s counsel: Alvin E. Mathews, Jr., Columbus
Hearing location: Thomas J. Moyer Ohio Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
November 9
Lorain County Bar Association v. James Terry Robinson
Case No. 2023-005
Respondent’s counsel: None
Hearing location: Lorain County Court of Common Pleas, 225 Court St., Courtroom 705, Elyria
November 27
Disciplinary Counsel v. Brian Nicholas Gernert
Case No. 2023-013
Respondent’s counsel: Jonathan E. Coughlan, Cincinnati
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
Law Licenses Suspended for Failure to Register
The suspended attorneys can't practice law in Ohio until they take care of their registration requirements and fees.
The suspended attorneys can't practice law in Ohio until they take care of their registration requirements and fees.
The Supreme Court of Ohio has suspended the state law licenses of 232 attorneys who failed to register with the Office of Attorney Services for the two years beginning Sept. 1, 2023, and ending Aug. 31, 2025.
In the previous two-year period, known as a biennium, 240 attorneys failed to register and were suspended.
View the official administrative action list of suspended attorneys this biennium.
A suspended attorney is barred from practicing law until they meet registration requirements and pay all registration fees and a $300 reinstatement fee. Any attorney who continues to practice law while under suspension could be investigated for the unauthorized practice of law.
Attorneys who practice law in Ohio are required by Rule VI of the Rules for the Government of the Bar of Ohio to register with the Supreme Court every two years and pay a $400 registration fee.
In June, the Office of Attorney Services notified attorneys registered with the state for active, corporate counsel, or emeritus pro bono status the need to register. The attorneys were directed to register for the next two-year cycle by Sept. 1. They were also sent several email reminders of the registration deadline.
The newly suspended attorneys were sent notices in September alerting them of their noncompliance. They did not file evidence of compliance with Rule VI or come into compliance with this rule – by paying the original $400 fee, plus a $100 late fee – within the late registration period that ended on Oct. 31.
Those suspended represent a fraction of 1% of the more than 43,000 registered practicing attorneys in Ohio.
Stay in School, Stay in the Game
Chief Justice Sharon L. Kennedy inspires students, School attendance leads to success.
Chief Justice Sharon L. Kennedy inspires students, School attendance leads to success.
Columbus City Preparatory School for Girls hosted visiting dignitaries and the kickoff of a program to encourage students to get to school every day, to “Stay in the Game”.
Chief Justice Sharon L. Kennedy of the Supreme Court of Ohio was among state and local leaders, and professional players from the Columbus Crew, that encouraged students to celebrate their attendance success and keep up the good work.
Ohio is focused on reducing truancy and increasing attendance in schools across the state through the Ohio Attendance Task Force. The task force is a partnership between state leaders, schools, sports organizations and businesses and non-profit organizations, working together to encourage students and parents to improve school attendance and reduce chronic absenteeism.
Ohio has a school attendance crisis. More than 615,000 students across the state have missed at least 10% of learning time and that quickly puts them behind in reading and math as well as other graduation requirements.
Ohio Law requires schools and districts to notify families when students are habitually truant or absent from school. Where the parent or guardian cannot get the student to school regularly, sometimes young people and families end up in the justice system.
Catching the problem early and identifying any underlying problems can get kids back in school and on target with their learning. Common barriers to school attendance are the lack of food, clothing or stable housing, lack of transportation, chronic illness of the child or family member, or fear of safety at school.
The Supreme Court of Ohio has a toolkit for schools and courts, Developing an Effective School Attendance Program. In partnership with the Ohio Department of Education, the toolkit identifies promising practices from public and private partnerships around the state. The main lesson from the success stories is that community partners can work together to remove the barriers and encourage attendance. In some cases, supportive services for the whole family are needed for kids to succeed.
Sports brings communities together and gives kids a healthy outlet and a way to stay engaged in learning and building a productive, healthy lifestyle.
The Crew has installed soccer pitches at Columbus City Schools and teaches soccer skills to students in the schools at little or no cost to regularly reward students for attendance.
“Stay in the Game” is program started in the Cleveland area and now has 45 partner school districts across the state. Led by Haslam Sports Group to reduce absenteeism, the program brings leaders from Ohio sports teams to the schools to meet and motivate kids.
During the 2022-2023 school year, the chronic absenteeism rate in Ohio decreased by 3.4 percent compared to 2021-2022 while Stay in the Game! partner districts outperformed statewide numbers. In total, the partner districts lowered their combined chronic absenteeism by 5.2 percent, with seven individual districts declining 8.5-10.9 percent year over year.
Off-Site Court Heads to Jefferson County
Buckeye Local High School will host the latest edition of Off-Site Court.
Buckeye Local High School will host the latest edition of Off-Site Court.
The Supreme Court of Ohio will hold oral arguments in eastern Ohio this week as part of a traveling civic education program for students.
The Off-Site Court Program will be held in Jefferson County for the first time on Wednesday, with the justices hearing three cases at Buckeye Local High School in Rayland. The school, which sits less than three miles from the West Virginia border, will host approximately 425 high school and homeschooled students from Jefferson and Harrison counties. The schools include Edison, Harrison Central, Indian Creek, Steubenville, Toronto, Jefferson County Christian School, Jefferson County Joint Vocational School, and home-schooled students through the Jefferson County Educational Service Center.
Teachers and students prepare ahead of time for the visit and study the facts and arguments in the case they will hear during the Court’s session. Local attorneys also assist, working with educators at each school before the event to explain Ohio’s judicial system and discuss the materials.
“Civic education is becoming more limited in many schools, especially when discussing how courts operate. Events like this can be an opportunity for students to get that exposure and become interested in the legal profession,” said Perry County Municipal Judge Dean Wilson.
Perry County hosted Off-Site Court 20 years ago. Judge Wilson said it led several students who attended to become attorneys.
Before the Court session, the justices meet with a group of students to explain their work at the Court and for the state’s judicial system. After listening to arguments, each student group exits the makeshift courtroom to meet with the attorneys who argued the case for a debrief, where students can share their thoughts and questions.
The chance to critically think about an issue and learn from people who hear and argue cases can be career-shaping. Judge Wilson can personally attest to that. Decades ago, he contemplated his future after college. He was on a different path when he had a conversation with a friend who became a lawyer. Not long after, Judge Wilson started law school.
“Listening to the people who practice law and seeing how they go about their work is such a unique opportunity for so many young people,” said Judge Wilson, who conducts an annual jury trial experience for youth that is similar to Off-Site Court. “It's important that we as a judiciary get involved with the education of our students.”
Oral arguments will begin 9 a.m, and be streamed live online at sc.ohio.gov and broadcast live on the Ohio Channel, which also archives them.
The Court’s Office of Public Information released preview articles about the three cases.
Since Off-Site Court began in 1987, over 43,000 Ohioans have participated in Off-Site Court, including more than 34,000 students. The visit to Jefferson County will be the 82nd edition of the program, with the event having now reached 73 of Ohio’s 88 counties.
Board of Professional Conduct Issues Three Advisory Opinions
The Ohio Board of Professional Conduct has issued three advisory opinions, including one new opinion that considers the payment of bonuses to nonlawyer employees. Two opinions previously issued under the former Code of Professional Responsibility have been revised.
Advisory Opinion 2023-09 concludes that defense counsel may prepare an application for the approval of a minor settlement in probate court in a matter stemming from a claim made by an unrepresented minor. The lawyer may describe to the minor and parents the purpose of the application and the underlying procedure in probate court and must remind the minor and parents that the lawyer does not represent the minor and cannot offer legal advice. This opinion replaces Adv. Op. 1996-02.
Advisory Opinion 2023-10 addresses the situation when a lawyer agrees to pay a medical provider in anticipation of a settlement or award from a personal injury claim and the client later directs the lawyer to pay all the proceeds to the client. The board concludes that the Rules of Professional Conduct require a lawyer to pay a medical provider who has a lawful interest in the proceeds. However, where the payment of the proceeds to a provider are in dispute, the lawyer must hold the funds in the lawyer’s trust account until the dispute is resolved. This opinion replaces Adv. Op. 1995-12.
Advisory Opinion 2023-11 advises lawyers not to pay a nonlawyer employee a bonus based solely on the employee receiving a positive online review from a client. The board concludes that such a structure impermissibly ties the employee’s bonus to a particular client or matter and results in fee sharing with a nonlawyer that is prohibited under the Rules of Professional Conduct.
Board of Professional Conduct Issues Three Advisory Opinions
The Ohio Board of Professional Conduct has issued three advisory opinions, including one new opinion that considers the payment of bonuses to nonlawyer employees. Two opinions previously issued under the former Code of Professional Responsibility have been revised.
Advisory Opinion 2023-09 concludes that defense counsel may prepare an application for the approval of a minor settlement in probate court in a matter stemming from a claim made by an unrepresented minor. The lawyer may describe to the minor and parents the purpose of the application and the underlying procedure in probate court and must remind the minor and parents that the lawyer does not represent the minor and cannot offer legal advice. This opinion replaces Adv. Op. 1996-02.
Advisory Opinion 2023-10 addresses the situation when a lawyer agrees to pay a medical provider in anticipation of a settlement or award from a personal injury claim and the client later directs the lawyer to pay all the proceeds to the client. The board concludes that the Rules of Professional Conduct require a lawyer to pay a medical provider who has a lawful interest in the proceeds. However, where the payment of the proceeds to a provider are in dispute, the lawyer must hold the funds in the lawyer’s trust account until the dispute is resolved. This opinion replaces Adv. Op. 1995-12.
Advisory Opinion 2023-11 advises lawyers not to pay a nonlawyer employee a bonus based solely on the employee receiving a positive online review from a client. The board concludes that such a structure impermissibly ties the employee’s bonus to a particular client or matter and results in fee sharing with a nonlawyer that is prohibited under the Rules of Professional Conduct.
Board of Professional Conduct Issues Three Advisory Opinions
The Ohio Board of Professional Conduct has issued three advisory opinions, including one new opinion that considers the payment of bonuses to nonlawyer employees. Two opinions previously issued under the former Code of Professional Responsibility have been revised.
Advisory Opinion 2023-09 concludes that defense counsel may prepare an application for the approval of a minor settlement in probate court in a matter stemming from a claim made by an unrepresented minor. The lawyer may describe to the minor and parents the purpose of the application and the underlying procedure in probate court and must remind the minor and parents that the lawyer does not represent the minor and cannot offer legal advice. This opinion replaces Adv. Op. 1996-02.
Advisory Opinion 2023-10 addresses the situation when a lawyer agrees to pay a medical provider in anticipation of a settlement or award from a personal injury claim and the client later directs the lawyer to pay all the proceeds to the client. The board concludes that the Rules of Professional Conduct require a lawyer to pay a medical provider who has a lawful interest in the proceeds. However, where the payment of the proceeds to a provider are in dispute, the lawyer must hold the funds in the lawyer’s trust account until the dispute is resolved. This opinion replaces Adv. Op. 1995-12.
Advisory Opinion 2023-11 advises lawyers not to pay a nonlawyer employee a bonus based solely on the employee receiving a positive online review from a client. The board concludes that such a structure impermissibly ties the employee’s bonus to a particular client or matter and results in fee sharing with a nonlawyer that is prohibited under the Rules of Professional Conduct.
Board of Professional Conduct Issues Three Advisory Opinions
The Ohio Board of Professional Conduct has issued three advisory opinions, including one new opinion that considers the payment of bonuses to nonlawyer employees. Two opinions previously issued under the former Code of Professional Responsibility have been revised.
Advisory Opinion 2023-09 concludes that defense counsel may prepare an application for the approval of a minor settlement in probate court in a matter stemming from a claim made by an unrepresented minor. The lawyer may describe to the minor and parents the purpose of the application and the underlying procedure in probate court and must remind the minor and parents that the lawyer does not represent the minor and cannot offer legal advice. This opinion replaces Adv. Op. 1996-02.
Advisory Opinion 2023-10 addresses the situation when a lawyer agrees to pay a medical provider in anticipation of a settlement or award from a personal injury claim and the client later directs the lawyer to pay all the proceeds to the client. The board concludes that the Rules of Professional Conduct require a lawyer to pay a medical provider who has a lawful interest in the proceeds. However, where the payment of the proceeds to a provider are in dispute, the lawyer must hold the funds in the lawyer’s trust account until the dispute is resolved. This opinion replaces Adv. Op. 1995-12.
Advisory Opinion 2023-11 advises lawyers not to pay a nonlawyer employee a bonus based solely on the employee receiving a positive online review from a client. The board concludes that such a structure impermissibly ties the employee’s bonus to a particular client or matter and results in fee sharing with a nonlawyer that is prohibited under the Rules of Professional Conduct.
Attorneys Learn What It Means to Be a Magistrate
Experienced magistrates are building confidence in the Ohio judiciary by offering guidance to the newest judicial officers about the responsibilities of representing a court and serving their community.
Sixty-three new magistrates took part in a recent orientation by the Supreme Court of Ohio Judicial College in Columbus. Magistrates are attorneys appointed by judges to assist them with a workload that exceeded two million cases statewide in 2022, according to case statistics submitted to the Supreme Court. The responsibilities and types of issues that magistrates manage vary from court to court.
“I handle cases that involve custody, parenting time, child support, civil protection orders, and domestic violence,” said Penny Gates, one of the state’s 883 magistrates.
Gates has served the Clermont County Domestic Relations Court for the last 27 years. Her duties include managing a docket, conducting hearings, issuing orders, and writing decisions. In each case, presiding Judge Mary Lynne Birck makes the final determination. The judge reviews the magistrate’s work, case evidence, and if there are any objections from the parties as part of her decisions.
Gates’ education and extensive experience in judicial process and domestic relations law mean she is uniquely qualified to educate new magistrates during orientation. She discusses technical components that come with managing cases and proceedings, and balances those with the customer service skills required to clearly and effectively communicate with the people who come to court.
“Magistrates need to be as responsive as possible to the people that come in front of them,” said Gates. “That includes being transparent about the process to prevent any confusion, misunderstandings, or feelings of unfair treatment.”
Providing clarity and a sense of fairness is vital for magistrates because they are often the first person on the bench that litigants encounter during a case. Gates stresses clear and concise writing as a critical tool for new magistrates so parties can understand the reasoning behind a decision.
“It’s crucial in the domestic relations realm when the people directly involved are children and families,” said Gates.
Her goal since serving as a mentor over the last decade is to instill confidence in each new magistrate so they can use their legal expertise and character to fairly serve the people who appear before them.
“Magistrates are really a reflection of their judges. The judges want things done and want things done right. Magistrates do the same thing,” said Gates.
Akron Court Transitioning to New Building
Akron Municipal Court's last day at the Stubbs Justice Center is Nov. 9.
Akron Municipal Court's last day at the Stubbs Justice Center is Nov. 9.
Akron Municipal Court is on the move.
The court is heading from its current location inside the Harold K. Stubbs Justice Center to a new building a block away on S. Broadway St. As the court changes sites, operations will adjust over the next three weeks.
From Oct. 25 to Nov. 9, municipal court services will be limited. People are asked to call in advance about their case or legal matter. The court will also be closed on Friday Nov. 10 in observance of Veteran’s Day.
The municipal court will reopen at its new location with fully restored services on Monday Nov. 13. A formal open house will be scheduled at a later date.
People with questions can call the court at 330.375.2120 or send an email.
Morgan County Court Judge Michael Lowe handles varied responsibilities as a part-time judge with a private practice. His hobby for the last 40 years also requires him to manage a lot of different duties.
“My grandfather had a large stable of horses I helped groom as a child. After I graduated from law school, I thought, ‘Maybe, I’ll try training them myself,’” said Judge Lowe, who has 139 victories as a harness racer.
The judge with 29 years of experience on the bench started horse racing in the mid-’80s when he began his legal career as a general practice attorney and solicitor for multiple municipalities. Since then, he’s been part of all the work that goes into raising, training, and maintaining the racehorses he has obtained. On race days, those tasks include loading and unloading horses and their gear, from blinders and reins, to strapping the horses to the two-wheeled vehicle, known as a sulky, where the judge sits when racing.
During the warmer months, the racing circuit expands to county fairs allowing him to compete on a weekly basis. The biggest event he looks forward to every year is in the fall at the Delaware County Fair, more than a two-hour drive from his southeastern Ohio home. For bigger events like that, he’ll bring assistants with him to help equip and strip the horses from one race to the next.
“It’s a tough job at any track. But you have to have a good team. It’s the same in court. You’re only as good as your team,” said Judge Lowe.
This year in Delaware County, he entered two horses, finishing in second and fifth places in back-to-back one-mile sprints.
The races allow Judge Lowe to tap into his competitive side, which also emerges in his work as a lawyer when trying to win a case. He also sees a similarity between owning horses and serving on the bench – a focus on progress. He enjoys balancing the different perspectives.
“To me, I’m happiest about my horses when I see them reach their potential. And as a judge, it’s very satisfying when I can help people resolve issues,” Judge Lowe said.
Conduct Board Announces October Disciplinary Hearings
The Ohio Board of Professional Conduct today announced four October disciplinary cases involving hearings for three attorneys and one judge.
All hearings begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
October 10
Cincinnati Bar Association v. David Edmund Stenson
Case No. 2022-047
Respondent’s counsel: David Williamson, Dayton
Hearing location: Thomas J. Moyer Ohio Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
October 19
Disciplinary Counsel v. Joseph John Bush III
Case No. 2023-014
Respondent’s counsel: None
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
October 23-25 and 30-31 and November 1-2
Disciplinary Counsel v. Hon. Timothy Joseph Grendell
Case No. 2022-045
Respondent’s counsel: George D. Jonson, Cincinnati, Kim V. Riley, Lakewood, and Steven W. Funk, Akron
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
October 30
Mahoning County Bar Association v. Brian John Macala
Case No. 2023-010
Respondent’s counsel: John B. Juhasz, Jr., Youngstown
Hearing location: Moyer Judicial Center, Hearing Room 104, 65 S. Front St., Columbus
Victims of Attorney Theft Awarded Over $465,000
The Board of Commissioners of the Lawyers’ Fund for Client Protection recently reimbursed $465,462.39 to 18 victims of attorney theft.
Three former or suspended Ohio attorneys were determined to have engaged in dishonest conduct resulting in financial losses to their clients. Five deceased attorneys were also involved in claims presented to the board.
Coshocton County
A former client of suspended attorney Kevin Christopher Cox was reimbursed $1,500 because of Cox’s failure provide the services requested. Cox was suspended from the practice of law in Ohio in March 2022.
Cuyahoga County
Two former clients of former attorney Dorothea Jane Kingsbury were reimbursed a total of $200,000 due to Kingsbury’s misappropriation of their funds. Kingsbury pled guilty to theft and other crimes in September 2021. The criminal conviction led to her suspension from the practice of law in Ohio in March 2023.
Erie County
Three former clients of deceased attorney Henry William Kishman were reimbursed a total of $144,562.18. Kishman, who passed away in September 2021, didn’t account funds he agreed to invest for his clients.
Franklin County
Two former clients of deceased attorney Bernard Zelig Yavitch were reimbursed a total of $2,033.50. Yavitch didn’t provide services requested before he died in May 2022.
Lucas County
Five former clients of deceased attorney John Farnan Potts were reimbursed a total of $73,000. Fannin didn’t complete requested services before his passing in February 2022.
Marion County
Three former clients of deceased attorney David Hamilton Lowther were reimbursed a total of $4,500. Lowther didn’t fulfill services prior to his death in April 2022.
Scioto County
A former client of deceased attorney Michael Hugh Mearan was reimbursed $37,866.71. Mearan didn’t turn over client funds before he died in November 2021.
Summit County
A former client of suspended attorney Steven Scott Fannin was reimbursed $2,000. Fannin failed to provide services requested. He was suspended from the practice of law, on an interim basis, in September 2021.
The Lawyers’ Fund for Client Protection, formerly known as the Clients’ Security Fund, was created in 1985 by the Supreme Court of Ohio to reimburse victims of attorney theft, embezzlement, or misappropriation.
Ohio has nearly 44,000 attorneys engaged in the active practice of law. Less than 1% are involved in claims reimbursed by the fund.
Law clients who believe they sustained financial losses resulting from attorney theft, embezzlement, or misappropriation, should contact the fund by calling 614.387.9390 or 1.800.231.1680 toll-free in Ohio.
Conduct Board Announces 2024 Judicial Candidate Seminar Schedule
The Ohio Board of Professional Conduct has announced a schedule of five judicial campaign conduct seminars for candidates seeking judicial office in 2024.
The Ohio Code of Judicial Conduct requires each candidate for judicial office, including incumbent judges, to attend a two-hour seminar on campaign practices, finance, and ethics. A judicial candidate must complete the required course within one year prior to or 60 days after the candidate is certified to appear on the ballot.
Each seminar includes presentations by the staff of the Board of Professional Conduct and a representative of the Ohio Secretary of State, and a question-and-answer segment. Judicial candidates are encouraged to bring their treasurers and other campaign staff to the seminars. The in-person seminars are offered at no cost. Pre-registration is not required and judges and attorneys who complete the seminar receive two hours of general continuing legal education credit.
The seminars for 2024 judicial candidates will be conducted on the following dates and times:
Dec. 6, 2023: 4–6 p.m., Embassy Suites Dublin
Jan. 31, 2024: 1:30-3:30 p.m., Holiday Inn Fairborn
Feb. 6, 2024: 1:30-3:30 p.m., Best Western Plus, Strongsville
June 27, 2024: 1:30-3:30 p.m., Zoom video replay
Aug. 7, 2024: 1:30-3:30 p.m., Zoom video replay
A complete schedule and more information about the rules applicable to judicial candidates may be found on the board’s website.
Conduct Board Announces 2024 Judicial Candidate Seminar Schedule
The Ohio Board of Professional Conduct has announced a schedule of five judicial campaign conduct seminars for candidates seeking judicial office in 2024.
The Ohio Code of Judicial Conduct requires each candidate for judicial office, including incumbent judges, to attend a two-hour seminar on campaign practices, finance, and ethics. A judicial candidate must complete the required course within one year prior to or 60 days after the candidate is certified to appear on the ballot.
Each seminar includes presentations by the staff of the Board of Professional Conduct and a representative of the Ohio Secretary of State, and a question-and-answer segment. Judicial candidates are encouraged to bring their treasurers and other campaign staff to the seminars. The in-person seminars are offered at no cost. Pre-registration is not required and judges and attorneys who complete the seminar receive two hours of general continuing legal education credit.
The seminars for 2024 judicial candidates will be conducted on the following dates and times:
Dec. 6, 2023: 4–6 p.m., Embassy Suites Dublin
Jan. 31, 2024: 1:30-3:30 p.m., Holiday Inn Fairborn
Feb. 6, 2024: 1:30-3:30 p.m., Best Western Plus, Strongsville
June 27, 2024: 1:30-3:30 p.m., Zoom video replay
Aug. 7, 2024: 1:30-3:30 p.m., Zoom video replay
A complete schedule and more information about the rules applicable to judicial candidates may be found on the board’s website.
Chief Justice Speaks to Ohio Judiciary in Changing Times
Chief Justice Sharon L. Kennedy spoke to more than 400 judges during the State of the Judiciary.
Chief Justice Sharon L. Kennedy spoke to more than 400 judges during the State of the Judiciary.
Chief Justice Sharon L. Kennedy delivered the annual State of the Judiciary address to the Ohio Judicial Conference. She spoke to over 400 judges and court leaders about the changes facing the judiciary and how they can work together to impact their communities.
“Judges across the state are embracing opportunities to change lives, to pivot and change with changing times, to adapt to changes that they see on the horizon, while remaining committed to the Rule of Law,” she said.
Restoring Lives
Currently, there are 214 Ohio judges running a certified specialized docket. The chief justice looked to courts in Franklin, Summit, and Cuyahoga counties that are serving victims of human trafficking through their specialized programs. She hopes that more judges will be inspired by their life-changing work and aims to certify more dockets in the future.
Similarly, Chief Justice Kennedy prioritizes successful reentry for those involved in the justice system. She announced that the Reentry Task Force has formed two subcommittees, focused on prison reentry and jail release. The task force will continue studying best practices and will report their findings in June 2024.
Timely Administration of Justice
Chief Justice Kennedy has heard from judges who are challenged by overaged cases and case backlogs. The Supreme Court of Ohio has helped local courts modernize their case management systems and other technology with $3 million in grants this year. Opportunities like Settlement Week are available to courts seeking to improve their case management.
“It offers a court managed mediation program for pending civil or domestic relations cases. You designate a week or even just a few days,” the chief justice explained. “Then, select the cases based on recommendations from judges, attorneys, or the parties. And assign a trained mediator.”
Chief Justice Kennedy spoke about the judicial assignment program and the need for more judges to take cases. Judges in neighboring counties have been working together to help one another out in the event of a personal illness or family emergency through reciprocal assignments. She encouraged them to consider bringing this program to their courts.
Serving Every Ohioan
As Ohio’s largest cities continue to attract more people, Chief Justice Kennedy is focused on representation in rural, underserved counties.
“Three quarters of Ohio's attorneys are in the state's seven largest counties. That leaves only 25% of attorneys to represent the legal needs of people in the other 81 counties. Approximately 6.5 million people live in those under-represented counties,” Chief Justice Kennedy said.
Chief Justice Kennedy is partnering with the Ohio State Bar Association, the Ohio Judicial Conference, host of the State of the Judiciary, and the Access to Justice Foundation to develop and encourage young leaders to practice law in those communities.
She also discussed Supreme Court materials that give courts guidance on emerging topics. The most recent toolkits and resources cover information on victim’s rights, improved school attendance, and child welfare representation.
As judges continue to adapt to changing times, Chief Justice Kennedy left them with a word of encouragement.
“Ohio judges are strong, steady, reasoned, and I am grateful to be one of you. And so, I am pleased to report to all of you today, the state of the judiciary in Ohio is strong,” she said.
Public Comment Open on Proposed Rule Changes
The Supreme Court of Ohio has opened a 45-day period for public comment on proposed amendments to the Rules of Practice and Procedure in Ohio Courts.
Proposed changes to the rules of practice and procedure include:
- Deadlines for certain post-arrest events.
- Expansion of who can reopen an appeal based on ineffective counsel.
- Time limits for depositions in civil matters.
- Clarification on which rules apply to custody, parenting time, and child support cases.
Criminal Rules
The amendments to Rule 4 of the Criminal Rules of Procedure would
establish set time standards for the filing of a criminal complaint,
probable cause determination, and initial appearance by the defendant.
If the arrest was not supported by a warrant, the rule would require
the arresting officer to file a complaint within 24 hours and the court
to hold a probable cause review within 48 hours after the arrest.
Regardless of whether a warrant was issued, the defendant’s initial
court appearance would be required within 72 hours after the arrest.
Reopening Appeal
A proposed change in the Rules of Appellate Procedure would expand
the categories of defendants who can reopen an appeal claiming
ineffective assistance of counsel. Currently, the rule is limited to
defendants in a criminal case. The amendment would include a delinquent
child in a juvenile case; a parent in an abuse, neglect, dependency
matter; and a defendant facing civil commitment after a finding of
unrestorable incompetence.
Civil Rule Changes
A change to Rule 30 in the Civil Rules of Procedure would limit
individual depositions to one day of up to seven hours, unless
otherwise stipulated or ordered by the court. Currently, there are no
rules limiting deposition times. The proposal aligns with a similar
federal rule.
Multiple amendments have also been proposed regarding service of summonses and subpoenas. Proposed changes to Civ.R. 4 and Civ.R. 4.7 would clarify waiver of service guidelines for domestic relations and civil protection order cases. With a waiver of service, a party voluntarily enters a lawsuit without the opposing party having to serve them a summons. The effort saves both time and money for courts and parties.
For all civil waivers of service, another rule change clarifies that an attorney can sign a waiver on behalf of their client only if they are the attorney of record in the case. An additional amendment would obligate anyone signing a waiver to provide an address for future service.
Other changes help clarify who can sign for service by certified or express mail, and updated rule language for people serving subpoenas.
Expert Witness Qualification
Rule 702 in the Rules of Evidence states the criteria that must
be met for a witness to testify as an expert. An amendment would add
that criteria must be proven under a “more likely than not” standard.
Juvenile Procedure
A change to Rule 1 in the Juvenile Rules of Procedure would
resolve inconsistent interpretations of the rules in cases between
married and unmarried people for custody, parenting time,
companionship, visitation, and child support cases. The amendment would
remove such proceedings from the scope of the juvenile rules leaving
the civil rules to govern.
Comments should be submitted in writing before Oct. 26, 2023, to:
Michel Jendretzky
Legal Counsel
Supreme Court of Ohio
65 S. Front St., 7th Floor
Columbus, OH 43215
Ohio Hosts International Conference to Enhance Judicial Education
Leaders in judicial education from across the U.S. and the Caribbean gathered in Ohio to learn about new ideas and services to enhance the court experience for the people they serve.
More than 100 people from the National Association for State Judicial Educators (NASJE) spent three days in Columbus for its annual conference. The organization’s first event hosted in Ohio had various educational formats with much of that programming led by the Supreme Court of Ohio Judicial College. Participants took part in presentations and roundtable discussions and experienced the work of Ohio municipal and domestic relations courts during a visit to the Franklin County Government Center.
“It is critical that judges and court personnel stay current on the ever-changing world we have and how that impacts the courts. There are changing laws and changing skills needed to be successful and serve the public,” said Christy Tull, the Judicial College director.
For judges, magistrates, and court personnel, continuous development ensures fair treatment for people who come to court. Judicial education conferences like this one allow participants to share ideas and best practices so they can identify areas of improvement for state and local courts. Some topics from the conference included how to make the court experience more inclusive through simpler language and being more aware about trauma when people enter their buildings.
“Many times, you’re dealing with someone who's vulnerable and it is important to remain empathetic to that person’s whole situation,” said High Court Judge Christopher Birch from the Supreme Court of Barbados.
He and the other attendees took part in exercises to better demonstrate the difficult circumstances the many people face while attempting to navigate the complex court system. The scenario Judge Birch attended was an escalating domestic violence situation where he was forced to make choices between less-than-ideal options with little money and limited support. Unable to afford housing on his own, he first opted for a shelter with his children, then chose to be homeless when the shelter closed, rather than return to an increasingly dangerous home.
“It's a solitary reminder that you can move from a position of safety to insecurity and danger in a very short space of time,” said Judge Birch. “The exercise reinforced the need to keep people at the center of the work.”
The assignment ended with a group discussion where people shared observations and changes they might propose for their own court systems based on what they learned during the experience. Some recommendations included making sure security personnel, usually the first staff court visitors encounter, have trauma awareness training, and creating secure, welcoming spaces in court offices.
“We share these experiences and resources because we want to make sure that when people enter our court buildings that they have the support needed to help with their issues,” said Tull.
Court Seeks Public Comment for Attorney Specialization Rule Changes
The Supreme Court of Ohio is accepting public comment on proposed amendments to the Rules for the Government of the Bar of Ohio and the Ohio Rules of Professional Conduct. The amendments would revise the responsibilities of the Supreme Court and its Commission on Certification of Attorneys as Specialists.
In Ohio, attorneys may obtain certification as specialists in certain fields of law, such as child welfare law or labor and employment law. The Supreme Court does not directly certify attorneys as specialists but provides a two-step process for specialization recognition.
First, an organization applies for a field of law to be considered for specialization through the Commission on Certification of Attorneys as Specialists. If accepted by the commission, its representatives recommend the field of law to be approved by the Supreme Court. Second, once the Supreme Court recognizes the field of law, the organization applies to the commission to be accredited to certify attorneys as specialists practicing in that field.
Currently, attorneys are prohibited from communicating that they are a specialist in a field of law unless the attorney has been certified as a specialist by an accredited organization. The attorney must identify the name of the organization in communication – email signature, letterhead, or any promotion.
The proposed amendments would enact several changes. While the Commission on Certification of Attorneys as Specialists would continue to accredit certifying organizations, the rule change would allow any organization, including those not accredited by the commission, to certify attorneys as specialists. Additionally, the amendment would remove the Supreme Court from the responsibility of recognizing fields of law for specialization, leaving that determination to the certifying organizations. This change would be consistent with specialization systems used in other states.
Finally, the proposed amendments would eliminate the prohibition against attorneys communicating that they are a specialist in the field of law.
Other amendments would move the standards for accreditation within Gov.Bar R. XIV and update some of the rules of service on the commission.
Comments should be submitted in writing before Oct. 26, 2023, to:
Britney Cider
Attorney Services Counsel
Supreme Court of Ohio
65 S. Front St., 5th Floor
Columbus, OH 43215
Or
Settlement Week Offers Faster and Less Costly Resolution to Cases
Settlement weeks allow people to have more control over their cases through mediation while freeing up judges, magistrates, and court staff for more intricate legal disputes.
A special week devoted to resolving court cases and lessening caseloads is a tool that more Ohio courts are learning about and that can have big benefits for the public.
Court-designated settlement weeks use mediation to give people the opportunity to settle disputes for less time and money. It’s a chance for people to work through issues in their cases with a professional mediator instead of having a case go to trial. The mediation process also frees up judges, magistrates, and court staff for more complex cases.
After seeing settlement week work in other civil cases, Delaware County Domestic Relations Judge Randall Fuller saw the potential for the program in divorce proceedings. He instituted the initiative in his court to help parties resolve parenting plan disagreements, as well as disputes over money or property.
“We were the only domestic relations court in the state when we decided to try a settlement week years ago,” said Judge Fuller. “We knew it was a success when we saw how many cases were reaching a full agreement.”
Judge Fuller and Delaware County court administrator Larry McQuain recently shared what they’ve experienced through 10 settlement weeks as part of an online roundtable. They walked Ohio judges, magistrates, and court administrators through the process of establishing a settlement week and the responsibilities of a court, the mediators, and attorneys.
Judges, magistrates, and lawyers identify cases they feel can be resolved through mediation. The court then schedules the case and connects the litigants with an experienced mediator, who in Judge Fuller’s court, works at a reduced fee during the settlement week program. Mediation takes place in person or by videoconference. If the parties reach an agreement, it’s presented to the court for approval, which resolves the case.
“One of the goals of this roundtable is so that other courts don’t have to start from scratch the way we did. Judges can simply customize for themselves, based on how we do things and the forms we use to the needs of their court,” said McQuain.
“Courts are the ultimate arbiter of conflict by conducting trials. But other forms of dispute resolution, like settlement week, allow people to maintain control over their case, and more importantly, their lives,” said Judge Fuller.
Additional information about settlement week can be found on SupremeCourt.Ohio.Gov. For those who want to watch a recording of the roundtable discussion, please email the Supreme Court Dispute Resolution Section.
Judge Finding New Solutions from Ohio Leaders
Judge David Hamilton's fellowship is helping him learn from other government officials and community leaders about ways to solve problems in Akron and the court system.
Judge David Hamilton's fellowship is helping him learn from other government officials and community leaders about ways to solve problems in Akron and the court system.
Akron Municipal Judge David Hamilton has joined a select group of leaders in Ohio.
Judge Hamilton is one of 35 fellows chosen in this year’s class for Leadership Ohio, and he’s the lone representative from the judicial branch. The statewide leadership development program includes people from a cross-section of careers in the public and private sectors. The group meets with local leaders and learns about the different programs and projects that are addressing needs and issues in regions across the state. The goal for the fellows is to take what they learn from experts and each other and apply some of those ideas in their communities.
The leadership group’s most recent visit was to Columbus. They met with government officials to talk about the development and distribution of a state budget, and they listened to Supreme Court of Ohio Justice Patrick F. Fischer about his work in the judiciary. Justice Fischer explained the rule of law, which the judicial branch uses to protect individual rights. Upholding the rule of law also prevents a branch of government from exceeding its constitutional power. Judge Hamilton and his peers also heard about the pervasiveness of human trafficking from a survivor and the manager of a court specialized docket for the issue. Both women discussed how they help justice-involved individuals through the traumas of exploitation, incarceration, and personal struggles.
“It’s a reminder that the problems we face at home are happening elsewhere. One of our judges in Akron runs a human trafficking court, so it’s beneficial to see the different kinds of services other courts provide to the people they serve,” said Judge Hamilton.
He believes in holistic programs that address underlying issues that can lead to a criminal offense, including substance use, unmanaged mental health problems, inadequate housing, and un- or underemployment. Judge Hamilton is in Leadership Ohio largely to gain knowledge and develop relationships to create court programs that go beyond addressing just an offense. He’s already established a docket that provides resources to young men to keep them from reoffending. His next goal is to create a housing court.
“Akron has the highest eviction rate of any city in the state. I’ve seen how unstable housing effects people from work to their kids,” said Judge Hamilton. “A housing court could resolve more issues between tenants and landlords and allow people to focus their energy on making life better for themselves and their families.”
The judge says steps have already been taken toward a housing court, and his growth as a public servant through Leadership Ohio will get him closer to that achievement.
“Each role I have and responsibility I accept is part of a bigger purpose to help people,” said Judge Hamilton, who previously served as a judicial attorney, assistant prosecutor, and Summit County councilman.
Deadline for Attorney Registration Is Friday
Ohio attorneys must register by this Friday to avoid a $100 late fee.
Ohio attorneys have until this Friday, Sept. 1, to register for the upcoming two-year licensing cycle. After Sept. 1 there is a $100 late fee.
Registration for this biennium – Sept. 1, 2023, to Aug. 31, 2025 – is online. To register, lawyers go to the attorney registration page on the Supreme Court of Ohio website. A video tutorial walks people through the process.
Active, corporate, and military spouse attorneys must register with the Office of Attorney Services. The two-year registration fee is $400. Attorneys who meet certain guidelines and limit their practice to pro bono cases through a recognized pro bono provider, known as emeritus pro bono, pay $75. For attorneys whose employer pays their registration fee, they can register designating the third-party payer. The employer can pay all attorney fees at once through the agency billing page.
Once registered, bar cards will be sent electronically. Attorneys can store the identification on their phone or print them out as needed.
Attorneys who fail to register by Oct. 31 will have their license suspended.
Guidance for Schools and Courts to Stem Truancy
A new resource aids schools and courts on how to resolve issues with student attendance.
A new resource aids schools and courts on how to resolve issues with student attendance.
As the 2023-24 school year is getting underway, education and court leaders have a new resource to help students and families overcome problems with school attendance and school participation.
The Supreme Court of Ohio and the Ohio Department of Education are offering a guide titled “Developing an Effective School Attendance Program.” The booklet details how schools, courts, and community partners can work collaboratively on issues that prevent a child from being in school. Housing instability, unreliable transportation, and a lack of clothing or school supplies can impact student attendance. Some students may also deal with physical or mental health matters.
“Attendance and engagement are key to success in school. Working together, schools, families, and communities can encourage and support students to attend school daily by focusing on prevention and early intervention,” said Dr. Chris Woolard, the Department of Education’s interim superintendent of public instruction. “This toolkit highlights the many promising practices implemented by schools, districts, and county juvenile courts across the state that demonstrate effective ways for communities to remove barriers so students can attend school.”
A student is truant by Ohio law if they meet or exceed one of three markers of unexcused absences – 30 consecutive hours, 42 hours in a month, or 72 hours for the school year. When any of those occur, school officials develop an absence intervention plan to hold a student and their parent or guardian accountable. The student then has 60 days to make progress, or the school can file a truancy complaint with the local juvenile court.
To improve outcomes for each child, the guide lists how and when schools and courts can intervene to remedy attendance issues. The recommendations include ways to bring in community partners and get support before the attendance problem reaches truancy. An example is back-to-school events where schools connect parents with community partners who can aid with housing assistance, food insecurity, and counseling. Courts can be a part of those events and use working relationships they have with community agencies to provide more resources to students and families.
The Developing an Effective School Attendance Program is available on the Supreme Court website.
Ohio Court Leaders Earn Highest Certification
Anjanette Whitman (front row left), Andrew Misiak (front row center), Shannon Crabtree (to right of Misiak), and Jessica Wallace (back row second from right) attend their fellow graduation ceremony at the U.S. Supreme Court.
Anjanette Whitman (front row left), Andrew Misiak (front row center), Shannon Crabtree (to right of Misiak), and Jessica Wallace (back row second from right) attend their fellow graduation ceremony at the U.S. Supreme Court.
Four Ohio court officials have achieved the highest level of court leadership certification.
“It has deepened my understanding of how courts operate and how to
make decisions with the support of data because you get a better idea
of how each office and department contributes to the entire
organization,” said Shannon Crabtree, a juvenile treatment facility
director in Montgomery County.
Crabtree is among 18 people nationwide to complete a fellowship program through the National Center for State Courts
(NCSC). The NCSC says the accomplishment is comparable to a master’s
degree. The fellowship is the final of three NCSC certifications that
enhance the understanding of court administration and supervision.
Crabtree started her career as a licensed therapist and probation officer. She credits much of her rise in leadership to the professional development opportunities through the NCSC that began nine years ago. The first two programs gave her the perspective of how to run an entire operation. That helped her create the policies and procedures for the Nicholas Residential Treatment Center she runs for the Montgomery County Common Pleas Court, Juvenile Division. In the fellows program, participants identify a specific issue and seek solutions through a research project. Crabtree developed an employee satisfaction survey to determine what her staff valued and how she could improve their lives at work.
“The survey was incredibly informative, and we’ve already been
able to address concerns about things like scheduling and pay scale,”
said Crabtree. “Once you invest in your staff, you want them to stay.
The eight other common pleas court departments agree. They also want to
use the survey for the court’s roughly 500 employees.”
Another fellow from this year’s class is Marion County Clerk of Court Jessica Wallace.
Like Crabtree, she worked her way up through the court system from a
deputy clerk and fiscal administrator. Her project researched ways her
office can increase funding so it can expand its operations for
services like e-filing.
“I looked at some overlying state and national concepts for ideas
that would not only work in Marion County, but statewide,” said Wallace.
Her and Crabtree’s findings will be published in the coming weeks.
So will the work of the other Ohio fellows – Ashtabula County Juvenile
and Probate Court Administrator Andrew Misiak and Cuyahoga County
Domestic Relations Court Help Center Director Anjanette Whitman. Their
projects will be added to the NCSC library to serve as a resource for
courts across the country.
“All these years of education have been great because we learn about successes, including some things we never considered,” said Wallace. “The work and discussions allow us to envision a future that helps us toward a justice system that works for everyone.”
Ohio Board of Professional Conduct Issues Two Advisory Opinions
The Ohio Board of Professional Conduct has issued two new advisory opinions addressing a lawyer’s professional obligations under the Ohio Rules of Professional Conduct.
Advisory Opinion 2023-07 concludes that a discharged lawyer may not solicit a former client to reestablish the client-lawyer relationship after the former client has obtained a new lawyer in the same matter. The board reasoned that the Rule of Professional Conduct prohibiting contact by a lawyer with a person known to be represented by another lawyer is applicable in such a situation and that the discharged lawyer may not rely on the prior professional relationship as a basis for soliciting the former client.
Advisory Opinion 2023-08 addresses the permissible content of an employment contract between a law firm and a lawyer. The opinion holds that the contract may not include a provision that requires a lawyer, when leaving a firm with a client’s case, to reimburse the firm for its advertising costs based on a percentage of the legal fees the lawyer earns. Such a requirement imposes an impermissible restriction on the practice of the departing lawyer. The firm’s contractual requirement would also operate as an impermissible division of fees between unassociated lawyers without client consent.
New Resources Available to Help Child Custody and Parenting Time Cases
The custody evaluations toolkit is a guide for courts and apppointed neutral observers to help families settle disputes regarding parenting time and shared rights and duties.
The custody evaluations toolkit is a guide for courts and apppointed neutral observers to help families settle disputes regarding parenting time and shared rights and duties.
There are new tools available to courts to help families resolve conflicts about parenting time and the allocation of parental rights and responsibilities.
The Supreme Court of Ohio has developed a toolkit – called the Custody Evaluations Toolkit for Judicial Use – that provides courts with information about their responsibilities, best practices, laws, and rules that guide decision-making in custody disputes.
When problems arise with shared parenting or child custody, a neutral third party can be appointed by the court to investigate and make a written assessment of the needs, health, safety, and development of the child. Custody evaluators are neutral observers and can be psychologists, social workers, or family therapists. The evaluator reports the findings and recommendations to the appointing court.
In 2021, the Supreme Court adopted standard requirements for custody evaluations and related expert testimony, as well as minimum training standards for professional custody evaluators. The goal of this rule is to promote proficiency for those conducting these evaluations.
The judicial toolkit standardizes the process for gathering information and what should be included in a report to the court. The toolkit explains the differences between a custody evaluation and other court-ordered investigations. It also outlines the differences between guardian ad litem, which is oftentimes an attorney working in the best interests of the child, but not likely educated in behavioral sciences and scientific methodology.
Clinicians interested in serving as custody evaluators for courts are required to complete 40 hours of training before they can be appointed.
The Ohio Judicial College provides 40 hours of online, self-paced, continuing education credits at no cost to Ohio licensed professionals interested in serving as custody evaluators. Professionals already serving as custody evaluators have until February 1, 2024, to complete the 40 hours of pre-appointment training.
The Custody Evaluations Toolkit for Judicial Use is available on the Supreme Court website.
Longtime Leader in Criminal Justice Reform Retires
Sara Andrews retires as the Criminal Sentencing Commission director after 32 years in public service.
Sara Andrews retires as the Criminal Sentencing Commission director after 32 years in public service.
Sara Andrews has spent her career tackling challenging situations as the director of the Ohio Criminal Sentencing Commission (OCSC) and for 24 years with the Ohio Department of Rehabilitation and Correction (ODRC). Addressing and resolving issues are in her nature.
“Whether it was something with my friends, in student council, or my sorority in college, I always had the initiative to take charge and say, ‘Let’s fix it. Let’s make it work,’” said Andrews.
After 32 years in public service and many leadership roles, Andrews has retired. Her work with the OCSC over the last eight years elevated the commission’s position as a resource to develop and recommend sentencing policy.
“I applied for the job because the commission is so uniquely positioned to impact people's lives through criminal justice information and policy,” said Andrews. “We’re a service that drives people to have discussions about a very complex system, and when representatives from the executive, legislative, and judicial branches come together, the objective is to find what we agree on and work through what we don’t.”
The commission was created in 1990 through legislation as an intermediary for statewide partners to enhance justice and fair sentencing in Ohio. The body consists of 31 members to share information from all stakeholder perspectives and ensure the diverse voices in the state justice system – including lawyers, judges, legislators, law enforcement, corrections officials, and behavioral health professionals – are represented.
“We’ve put together some good, credible work groups that did some great work to make bail and pre-trial hearings fairer and more consistent. We have also made really good progress with rights restoration and record sealing so that people who reenter society aren’t having past offenses prevent them from building fulfilling lives,” said Andrews.
Before her time with the sentencing commission, Andrews worked her way from a parole officer to ODRC’s deputy director for parole and community services. She went from making sure former inmates were following the conditions of their release individually to overseeing the work done across the state. She supervised the Ohio Parole Board, the Offices of Offender Reentry and Victim Services, and the inspection of jails. Those responsibilities included managing 600 employees and a $200 million budget.
With the position came a lot of travel and getting to know each operation. That list includes the 27 state prisons, three juvenile facilities, and many programs to restore the lives of victims and offenders. It was important for her to see the processes of each institution to help remove the complexities within the prison and reentry systems. She took that approach with her to the criminal sentencing commission.
“The goal is for us to understand how and why things happen. If we can't, then we need to fix it,” Andrews said.
She saw each issue as an opportunity to improve outcomes and lives. She experienced it as a frontline worker, decisionmaker, and facilitator across the state.
“The work we do is bigger than one person and there’s always a need for people to help drive those conversations,” Andrews said.
Immigrant’s Relentless Pursuit to Become an Ohio Attorney
Tolulope Ajifowobaje has faced a lot of challenges in her quest to be an Ohio attorney. Her most recent obstacle was the July bar exam.
Tolulope Ajifowobaje has faced a lot of challenges in her quest to be an Ohio attorney. Her most recent obstacle was the July bar exam.
Becoming an attorney requires focus and perseverance. There are numerous obstacles a person must clear from before law school to the bar exam. Tolulope Ajifowobaje knows that difficult reality.
“There are so many times I thought I wasn’t going to make it. I was lucky to have people encouraging me along the way,” said Ajifowoboje, who sat for the July Ohio bar examination.
When the Nigerian immigrant and her family moved to the U.S. in 2019, she had already been a practicing attorney in her native country for a decade. She and her husband, Abiodun, emigrated so their two young children could have more educational and career opportunities. On the flight to the U.S., Abiodun became seriously ill. He was rushed to the hospital where he was diagnosed with cancer. Two weeks later, he passed away.
“It was devastating. The struggle was even more emotional because of how quickly our plan fell apart. My husband was supposed to work as an engineer in Maryland while I went to law school there and took care of the children,” said Ajifowobaje.
Instead, she went to Cleveland to stay with a relative, allowing her to mourn and figure out a new plan. Ajifowobaje’s goal was to complete law school as soon as possible. Nearby, the University of Akron School of Law offered an accelerated two-year program for international students and lawyers with a foreign law degree. After a lengthy process of getting settled on her own, from housing to enrolling her children in school, she started school full-time in the fall of 2021.
As Ajifowobaje assimilated to a foreign culture while being solely responsible for two children, she also needed to adapt to a legal system different than the one she studied and practiced in for 15 years.
“I would go to my civil procedure class and not know what they're talking about, even though I was a civil litigation attorney. It didn’t help that I had so much going that I didn't have enough time to keep up with everything. I was operating on three to four hours of sleep a night,” said Ajifowobaje.
The most humbling aspect for her was when it came to legal writing. Her Nigerian law degree had a focus in legislative drafting. At the Akron School of Law, there were times her assignments had the lowest score in her class.
“One of my professors reviewed my work with me. She understood the points I was trying to make, but she said I was presenting it wrong. She told me I was writing like I’m teaching. I had to simplify some of my writing and present my arguments like a student who was learning,” said Ajifowobaje.
After that, she found her footing. She utilized resources for academic and emotional support at the university, landing a summer internship at Sherwin Williams where she worked in different areas, from contracts and internal policy reviews, to employment, litigation, and immigration. She carried that momentum into her final semester when her family suffered another health scare.
In January 2023, she detected a mass on her oldest son’s thigh. It was the beginning of an agonizing three months that included biopsies, surgeries, and nearly a week in the intensive care unit.
“I was a wreck. The cancer diagnoses were negative, but there were complications with the first two surgeries,” said Ajifowobaje. “I was weeks behind in my projects and assignments when he finally started to get better about two weeks before the final exams. But somehow, I made it.”
With all the obstacles, she graduated summa cum laude in May. After receiving her degree, she went back to Nigeria for a couple weeks. The opportunity to relax came with longstanding responsibilities. On top of managing law school and her family in the U.S., she has been handling cases for the Nigerian law firm that she started 10 years ago.
Rejuvenated after spending time with family and friends during that trip, she returned to Ohio to clear that last hurdle to becoming a licensed attorney in the U.S. by taking the bar exam. She and the nearly 1,000 other applicants who took the July bar exam will find out the results in October. Before then, she starts a legal fellowship with Goodyear that will allow her to explore more opportunities to consider as an attorney in the U.S.
Ajifowobaje still can’t believe all she overcame since arriving in the U.S. four years ago. During her most difficult times, she would ask her professors and support system how they could have so much faith in her when she couldn’t sense it herself.
“They would always tell me, ‘We know what you’ve been through, and we know what you can do,” she said.
Future Attorney Defends Disabled Rights
Anna Bulkowski has experience with the struggles of a family caring for a young person with a disability. That strife was a part of her upbringing.
“My younger brother Jack was born with a genetic disorder that slows a person’s mental and physical growth. He’s 19 now and is at the developmental level of a two-year-old,” said Bulkowski, a recent law school graduate.
She saw the barriers with healthcare providers to enhance his motor skill development through speech and physical therapy. Bulkowski also witnessed how their school district was reluctant to provide additional services for his educational development. Those experiences motivated her to become an advocate for her brother and others with disabilities.
“I fell in love with special education law and how you can help families in these different positions and really work with parents and students to get these children the services they need,” said Bulkowski.
She has defended the rights of special needs children across central Ohio over the last year as a legal fellow for Disability Rights Ohio. The nonprofit organization works with disabled people and their families to address concerns with schools about how a student is treated and the resources a child is provided.
Bulkowski’s position is funded by a grant through the Civil Justice Program. The program is a Supreme Court of Ohio initiative that supports legal aid groups providing assistance in civil matters such as housing, healthcare, education, and reentry. The program also affords opportunities for young legal professionals to enhance their knowledge and skills as an attorney.
“It’s given me invaluable resources that I can use to help people in all areas,” said Bulkowski.
In special education matters, that includes meetings to discuss a child’s educational needs, representing them during a disciplinary hearing, and other specialized assistance. Her primary focus is dedicated to individualized education plans (IEP), which are required by federal law. These agreements between families and schools detail the services a school must provide to a special needs student. When parents sense something is wrong with how their child is being taught, they reach out to Disability Rights Ohio.
“I discovered through some digging that the school was in violation of my son’s IEP. They weren’t letting him go to his special classes, so he wasn’t attending art and music. He wasn’t getting grade-level work,” said Amy House, whose son William has autism.
After House’s attempts to resolve the issue directly with the school district failed, she connected with Bulkowski. The legal fellow stepped in, speaking on behalf of the House family, and educating them about their rights and the process. That knowledge can be invaluable to parents of a special needs child who often face similar conflicts regarding services from medical providers and coverage with health insurance companies.
“Lots of families don’t know about all the different resources that are possible to make this journey a little easier for them,” said House. “Anna represents us and empowers us. She equips us to better advocate for ourselves, which we can then pass onto other families in similar situations.”
“When parents feel empowered enough to therefore empower other people, and keep that going, it’s incredible,” added Bulkowski.
That advocacy for special education law is reflected in Bulkowski’s work. It’s evident when she’s assisting families directly and when she’s researching their cases at her desk.
“I have a picture from when Jack was in elementary school sitting on my desk because he is always there in the back of my mind,” she said.
First Amendment Inspires Student’s Award-Winning Writing
Mariam Abaza's strong belief in the First Amendment won her a national honor and motivates her education in journalism and public policy.
Mariam Abaza's strong belief in the First Amendment won her a national honor and motivates her education in journalism and public policy.
Mariam Abaza is aware of how laws can change people’s lives. It’s why she uses words to bring awareness to others, especially young adults like herself.
“A common perception by young people is that ‘our voices don’t matter’ or ‘we’ll worry about societal problems when we’re older.’ But laws that negatively affect us today could directly impact us for years or decades,” said Abaza.
The first-year student at Ohio State University recently produced an essay that won a national award.
“I’m passionate about informing the public,” said Abaza. “If people don’t know there’s a problem, they don’t know how to fix it.”
Abaza competed in an essay contest held by the National Center for State Courts. She and other students were asked whether they should be held to the same standard when exercising their First Amendment right to freedom of speech whether they're on or off school property.
Abaza explained how a student’s right to free speech should be the same at school as a private citizen. Abaza is a young, Muslim woman, like the character she describes in her essay. The fictitious woman – a top scholar in India – becomes subject to a hijab ban. The student must now remove her headscarf if she wants to keep attending school. Forced to decide between her faith and education, she drops out.
“Students should maintain their right to free speech as long as it does not cause harm or incite panic,” Abaza wrote in the essay.
The U.S. Supreme Court agrees. In a case she referenced, a principal threatened to suspend students for a silent protest. The Supreme Court ruled in favor of the students by saying neither students or teachers should “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
“The U.S. is unique in its expansive freedom of speech and expression,” Abaza added.
Helping people recognize they have a voice is why Abaza writes. Before she arrived at OSU, Abaza interned with regional and national organizations that advocate for youth and Muslim rights. The internships gave her a platform to produce articles and social media posts to explain what can happen when people’s constitutional rights are taken away. Those opportunities also allowed her to share that message through group discussions with state and federal politicians to reduce discrimination and racism.
Abaza’s work of inspiring young minds and enhancing awareness about important topics will continue through a scholarship program at Ohio State. As part of that program, the journalism and public policy double major will take part in service projects and leadership initiatives to engage students and other citizens.
“It’s so important to mobilize to fight for our rights and future. The more we can make impactful issues tangible, especially to young people, the more that leads to actionable change,” said Abaza.
Conduct Board Recommends Discipline for Attorneys
The Ohio Board of Professional Conduct has filed five disciplinary case reports with the Supreme Court of Ohio, each recommending discipline for an Ohio attorney.
Parties will have an opportunity to file objections to the board’s reports and recommendations with the Supreme Court. If a party files objections, the Supreme Court will schedule the case for oral argument.
Cuyahoga County
Disciplinary Counsel v. Lon’ Cherie’ Darchelle Billingsley
Supreme Court Case No. 2023-0976
Recommended sanction: Public reprimand
Franklin County
Disciplinary Counsel v. William Evan Price II (consent-to-discipline)
Supreme Court Case No. 2023-0980
Recommended sanction: Two-year suspension, stayed.
Marion County
Disciplinary Counsel v. Jack Herschel VanBibber
Supreme Court Case No. 2023-0979
Recommended sanction: Two-year suspension, stayed.
Montgomery County
Disciplinary Counsel v. Christopher Mark Alexander
Supreme Court Case No. 2023-0977
Recommended sanction: One-year suspension, stayed, to be served
upon reinstatement from existing interim felony suspension and
registration for active status.
Lucas County
Toledo Bar Association v. Sarah Ann Miller Driftmyer
Supreme Court Case No. 2023-0978
Recommended sanction: One-year suspension.
Public Comment Open for Bar Application Rule Changes
The Supreme Court of Ohio is accepting public comment on proposed amendments to the Rules for Government of the Bar of Ohio. The amendments aim to streamline and modernize the attorney application process and expand admission for early professionals and out-of-state attorneys.
One amendment would remove the requirements for applicants to submit fingerprints as part of the Ohio bar examination process. Currently, applicants are required to have their fingerprints taken by a law enforcement agency and submitted as part of the exam registration. Examinees then give a sample fingerprint at the testing location to ensure the person who applied is sitting for the exam. The Office of Bar Admissions recommends replacing fingerprints with a government issued photo requirement during the initial registration process and their identity would be photo-verified at the exam.
Another proposed rule change would expand legal internships. Allowing limited practice by law students who have completed one-third of their legal education and recent law school graduates provides practical experience while filling a need for services in the private sector and public service, including legal aid.
Also open for public comment is a separate amendment to revise the standards for out-of-state attorneys who want to be licensed in Ohio without taking the bar exam. Currently, Ohio rules require an attorney to practice full-time to qualify. Under the proposal, a part-time attorney could apply if they’ve practiced for at least 1,000 hours a year for five of the previous seven years. The rule aligns with most other states’ admission without examination rules and the American Bar Association.
Attorneys admitted to practice in a U.S. territory, such as Puerto Rico, the U.S. Virgin Islands, or Guam, would also be eligible to apply for admission without examination, under the proposed changes.
And if an application for admission is held for character and fitness review by the Court, currently the record is under seal for 60 days. Applicants can request to keep their record or portions of the record confidential within that time period. To make the review process more efficient, the mandatory sealing period would be reduced to 30 days, under the proposed changes.
Public comments should be submitted in writing or via email by Aug. 31, 2023, to:
Gina Palmer
Director, Attorney Services
Supreme Court of Ohio
65 S. Front St., 5th floor
Columbus, OH 43215-3431
Gina.Palmer@sc.ohio.gov
Please include your full name and mailing address in any comments submitted by email.
Conduct Board Releases July Disciplinary Hearings
The Board of Professional Conduct will hear two cases in July.
The Board of Professional Conduct will hear two cases in July.
The Ohio Board of Professional Conduct today announced two July disciplinary hearings involving attorneys.
All hearings begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
July 18 (via video teleconference)
In re Judicial Campaign Complaint against Diana Marie Stevenson, Respondent; Mark Derrig, Complainant
Case No. 2023-015
Respondent’s counsel: John W. Greven, Akron
Hearing registration link
July 24-25
Disciplinary Counsel v. Daniel Edward Perrico
Case No. 2023-002
Respondent’s counsel: Peter T. Cahoon, Canton
Hearing location: Thomas J. Moyer Ohio Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
Justice Lends Expertise to Group Researching and Analyzing Plea Bargaining Practices
Justice Michael Donnelly is part of a national group developing research to better understand how plea agreements impact the justice system.
Justice Michael Donnelly is part of a national group developing research to better understand how plea agreements impact the justice system.
Supreme Court of Ohio Justice Michael Donnelly recently joined the newly formed Plea Bargaining Institute at its first symposium. The group formed early this year to aggregate and analyze research on plea bargaining practices, as well as develop new research to better understand how plea agreements impact the justice system.
A plea agreement in a criminal case, also known as a plea bargain, is a negotiation between a prosecutor and a defendant in which the defendant pleads ‘guilty’ or ‘no contest’ to a criminal charge without a trial taking place. Both parties are looking for some form of benefit; the prosecutor usually wants the benefit of resolving the case, and the defendant wants a reduction in the potential consequences.
The majority of legal cases never go to trial. In Ohio, just over two percent of criminal cases and one percent of civil cases result in a trial. This mirrors the statistics in federal cases. In civil cases, most result in a negotiated settlement. Most criminal cases, where a person’s liberty is often at stake, also end in a negotiated plea.
For the defendant, the risk of a more severe punishment is reduced by a plea. However, in most cases, the defendant loses the possibility of being acquitted of the charges.
RELATED COVERAGE
Justice Donnelly participated in the invitation only symposium. The Plea Bargain Institute is a new national think tank that brought together leaders on the topic of plea bargains to set its course for the future. The Institute will launch a website later this year in conjunction with the release of two academic papers. One will center on significant case law related to plea bargains. The other will report significant research that has already been done on the topic. The website will have a searchable database.
“The more data that is available for decision-making, the better decisions the courts can make,” said Justice Donnelly.
Lucian Dervan is a law professor and director of criminal justice studies at Belmont College of Law in Nashville and a founder of the Institute, “I’ve been engaged in plea bargain research and practitioners say, ‘I wish I had known about that research to support the argument I was making.”
Attendees at the symposium weighed in on what research academics should consider next, as well as what functionality practitioners want from the website.
The pros and cons of plea agreements are not a new topic in the law. They were the subject of a recent report by the American Bar Association Plea Bargain Task Force. The task force began in 2019 and over three years the group looked at plea bargains in criminal cases. The group took testimony and gathered data from a variety of sources. The report presumed good faith on the part of prosecutors and others in the justice system. And the result was 14 recommendations to promote transparency, accountability, and confidence in the criminal justice system as a whole.
“The goal is not to say what should be done in one local court system,” said Thea Johnson, associate professor of law at Rutgers Law School and the report’s main author. “The message that we wanted to get across is – this is the system we have now, not an ideal system in a perfect world – don’t resist moving toward the system we want.”
According to the report, plea bargaining is an incentive for defendants to cooperate with the government and take responsibility for their actions. Plea bargains can give clear and certain resolution to a case and bring finality for a defendant, victim, and the courts. Defendants also can avoid some of the most severe aspects of the corrections system in some cases. And using plea bargaining effectively can increase efficiency and reduce the weight on a heavily burdened system. When cases are settled without trial, other cases can get to trial faster.
The task force, however, has identified a coercive culture that has developed in some jurisdictions, where efficiency and finality have given way to innocent defendants taking plea deals because of the high risk of going to trial, particularly when mandatory minimum sentences could result. Data was presented where defendants of color were offered harsher penalties for the same crime as white defendants. Some defendants received longer sentences for exercising their right to trial, known commonly as the “trial tax” or “trial penalty,” and were denied the right to pretrial release. Some criminal defendants did not have access to an attorney before accepting a plea, and did not understand the full range of implications, including that they would waive their rights to postconviction relief.
Justice Donnelly testified to that task force in 2019. Donnelly emphasized the need for transparency. “Things can go awry in a nontransparent justice system,” said Justice Donnelly. “Both defendants and victims in the justice system deserve fair disclosure and transparency about the details of any proposed agreement.”
The report found the plea system varies widely among courts around the country. It did not offer proposals for specific legislation or policies. It provided recommendations of best practices.
Some of the suggestions include robust and transparent procedures at the plea to make sure the defendant understands the consequences of the plea, providing judges with more information, including a written record of the plea negotiation. The report also suggests courts collect and analyze data to monitor racial and other biases in the plea process.
New Bail Law Goes Into Effect
The procedure for setting bail for a person charged with a crime is now part of state law.
The change is the result of State Issue 1, which voters passed in November 2022. The constitutional amendment includes factors a court must consider when deciding bail. Those considerations include public safety, the person’s criminal record, the likelihood the person will return to court, and any other factor the Ohio General Assembly requires.
The General Assembly enacted a new statute to reflect those factors. The statute also incorporates the Supreme Court of Ohio’s bail rule, which was repealed, in response to Issue 1. That rule – now in statute – instructs when a person can be released from jail before trial, the conditions of the release, and reconsideration of bail.
Gov. Mike DeWine approved the legislation and signed it into law. It is effective immediately.
Unique Summer Camp Allows Teens to Explore Law
Ella Kirk is a high school student who looks for opportunities to explore her interests. Last summer, she picked up field hockey and became a varsity goalie. This summer, she’s learning about the justice system with the hopes of becoming a player in the legal profession.
“It’s as simple as knowing your rights. You should know what you are and aren’t allowed to do,” said Kirk, a 10th grader from Lewis Center.
She is one of 44 middle and high school students who took part in the Justice 4 All Summer Youth Camp at Ohio State University Moritz College of Law. The event was organized by Franklin County Common Pleas Judges Jaiza Page and Daniel Hawkins. The judges introduced students to different fields of law – criminal, civil, and business.
“I learned more about the law in the last few days than I have in the rest of my life,” said Kirk.
The lessons showed students how to think like judges and lawyers. They applied what they learned in hypothetical situations such as contract disputes, civil liability claims, and encounters with law enforcement. It prepared them for their biggest assignment – mock trials at Franklin County Common Pleas Court.
“The collaboration was awesome, and I made so many new friends,” said Kirk.
The group also visited the Supreme Court at the Thomas J. Moyer Ohio Judicial Center. Chief Justice Sharon L. Kennedy explained how trial cases can be appealed to the state’s highest court. She also shared her personal experience from police officer, to judge, and now leader of the Ohio judiciary. Each step in her career required a vision.
“The only thing you’re limited by is your imagination,” the chief justice encouraged students.
For Ella Kirk, the week broadened her knowledge of law and the many opportunities for a career in justice.
“I like the idea of helping in civil cases, and being a judge would also excite me because you get to bring justice through the law to people who wouldn’t otherwise get it,” she said.
Unique Summer Camp Allows Teens to Explore Law
Ella Kirk is a high school student who looks for opportunities to explore her interests. Last summer, she picked up field hockey and became a varsity goalie. This summer, she’s learning about the justice system with the hopes of becoming a player in the legal profession.
“It’s as simple as knowing your rights. You should know what you are and aren’t allowed to do,” said Kirk, a 10th grader from Lewis Center.
She is one of 44 middle and high school students who took part in the Justice 4 All Summer Youth Camp at Ohio State University Moritz College of Law. The event was organized by Franklin County Common Pleas Judges Jaiza Page and Daniel Hawkins. The judges introduced students to different fields of law – criminal, civil, and business.
“I learned more about the law in the last few days than I have in the rest of my life,” said Kirk.
The lessons showed students how to think like judges and lawyers. They applied what they learned in hypothetical situations such as contract disputes, civil liability claims, and encounters with law enforcement. It prepared them for their biggest assignment – mock trials at Franklin County Common Pleas Court.
“The collaboration was awesome, and I made so many new friends,” said Kirk.
The group also visited the Supreme Court at the Thomas J. Moyer Ohio Judicial Center. Chief Justice Sharon L. Kennedy explained how trial cases can be appealed to the state’s highest court. She also shared her personal experience from police officer, to judge, and now leader of the Ohio judiciary. Each step in her career required a vision.
“The only thing you’re limited by is your imagination,” the chief justice encouraged students.
For Ella Kirk, the week broadened her knowledge of law and the many opportunities for a career in justice.
“I like the idea of helping in civil cases, and being a judge would also excite me because you get to bring justice through the law to people who wouldn’t otherwise get it,” she said.
Leader’s Forward Thinking Helps Courts Evolve
Milt Nuzum is retiring from the Supreme Court and returning to Washington County to help people dealing with substance use issues.
Milt Nuzum is retiring from the Supreme Court and returning to Washington County to help people dealing with substance use issues.
When William “Milt” Nuzum first became a judge in Marietta in the 1990s, he leaned on more experienced judges to share their knowledge with him. Nuzum realized the importance of judges sharing information to advance the judiciary and made it a hallmark of his more than 40-year legal career.
Nuzum announced his retirement this month from the Supreme Court of Ohio where he has served as director of judicial and education services.
“There are always opportunities for improvement. It comes down to identifying an issue, listing the rewards and obstacles, and figuring out ways to manage the challenges,” he said.
While on the Marietta Municipal Court bench, Nuzum created one of southeast Ohio’s first drug courts to deal with the growing issue of addiction, and he saw the internet as a means of giving citizens access to court information. He learned from his son how to write code and created one of the first local court websites in the country.
“It taught other judges about the benefits of having it as a resource to their communities,” Nuzum said.
Nuzum began his private legal practice in Marietta in 1982 and was appointed municipal judge in 1993. When he was new to the bench, he learned from seasoned judges and when he gained more experience, he began to mentor others. His commitment to judicial education and improving court operations put him in position to be a state leader after 13 years on the bench.
Changing World
Nuzum started with the Supreme Court in 2007, overseeing the
development of continuing legal education for judges and court
personnel as the Judicial College director. He advanced from that
position into larger roles with the Court, pushing for more courses
that examine the wide range of topics impacting the judiciary and how
to make best practices from that information more accessible to more
people through technology.
Using the internet to provide education to judges and court staff changed an operation limited to in-person courses and seminars into a system that people could attend programs anywhere using their computers and mobile devices. The development of an online platform included recordings of webinars and other content, so judges and others could learn about issues important to their courts on their time.
“I’m proud of the advancements that we’ve made both with quality and the ability to offer many options to judges, court personnel, and guardians, while utilizing more tools that are convenient for them,” said Nuzum.
Equipping courts with information and options on how to operate proved invaluable three years ago during the COVID-19 pandemic. The system and technology that expanded the Supreme Court’s educational reach and services also allowed the Court to continue operations. Oral arguments, the Ohio Bar Exam, and the bar admissions ceremony seamlessly transitioned online. Those proceedings were examples for Ohio courts on how judges and staff could conduct business during unprecedented circumstances.
“We’ve always been fortunate at the Court to have the resources and support when there’s something that needs to be explored. It also helps when you work with highly skilled and intelligent people,” said Nuzum.
Back to His Roots
After 16 years with the Court and four decades as an attorney,
Nuzum isn’t slowing down. In addition to some travel, he’s returning to
his native Washington County for a cause he championed when he was a
judge – helping those with substance use issues.
During the early years of the opioid crisis in 2000, only a few drug courts existed in the state when then-Judge Nuzum considered creating one. Nuzum received guidance from other judges and built a program based on providing treatment, education, and job training that proved successful. Today, more than 200 specialized dockets are certified by the Supreme Court.
Nuzum will take what he has learned about drug courts and apply that knowledge in his new role as general counsel for a women’s treatment program. He knows how beneficial it can be when people come together as stakeholders to share ideas and information.
“We’re there to help each other so it can really make a difference in people's lives,” said Nuzum.
Leader’s Forward Thinking Helps Courts Evolve
Milt Nuzum is retiring from the Supreme Court and returning to Washington County to help people dealing with substance use issues.
Milt Nuzum is retiring from the Supreme Court and returning to Washington County to help people dealing with substance use issues.
When William “Milt” Nuzum first became a judge in Marietta in the 1990s, he leaned on more experienced judges to share their knowledge with him. Nuzum realized the importance of judges sharing information to advance the judiciary and made it a hallmark of his more than 40-year legal career.
Nuzum announced his retirement this month from the Supreme Court of Ohio where he has served as director of judicial and education services.
“There are always opportunities for improvement. It comes down to identifying an issue, listing the rewards and obstacles, and figuring out ways to manage the challenges,” he said.
While on the Marietta Municipal Court bench, Nuzum created one of southeast Ohio’s first drug courts to deal with the growing issue of addiction, and he saw the internet as a means of giving citizens access to court information. He learned from his son how to write code and created one of the first local court websites in the country.
“It taught other judges about the benefits of having it as a resource to their communities,” Nuzum said.
Nuzum began his private legal practice in Marietta in 1982 and was appointed municipal judge in 1993. When he was new to the bench, he learned from seasoned judges and when he gained more experience, he began to mentor others. His commitment to judicial education and improving court operations put him in position to be a state leader after 13 years on the bench.
Changing World
Nuzum started with the Supreme Court in 2007, overseeing the
development of continuing legal education for judges and court
personnel as the Judicial College director. He advanced from that
position into larger roles with the Court, pushing for more courses
that examine the wide range of topics impacting the judiciary and how
to make best practices from that information more accessible to more
people through technology.
Using the internet to provide education to judges and court staff changed an operation limited to in-person courses and seminars into a system that people could attend programs anywhere using their computers and mobile devices. The development of an online platform included recordings of webinars and other content, so judges and others could learn about issues important to their courts on their time.
“I’m proud of the advancements that we’ve made both with quality and the ability to offer many options to judges, court personnel, and guardians, while utilizing more tools that are convenient for them,” said Nuzum.
Equipping courts with information and options on how to operate proved invaluable three years ago during the COVID-19 pandemic. The system and technology that expanded the Supreme Court’s educational reach and services also allowed the Court to continue operations. Oral arguments, the Ohio Bar Exam, and the bar admissions ceremony seamlessly transitioned online. Those proceedings were examples for Ohio courts on how judges and staff could conduct business during unprecedented circumstances.
“We’ve always been fortunate at the Court to have the resources and support when there’s something that needs to be explored. It also helps when you work with highly skilled and intelligent people,” said Nuzum.
Back to His Roots
After 16 years with the Court and four decades as an attorney,
Nuzum isn’t slowing down. In addition to some travel, he’s returning to
his native Washington County for a cause he championed when he was a
judge – helping those with substance use issues.
During the early years of the opioid crisis in 2000, only a few drug courts existed in the state when then-Judge Nuzum considered creating one. Nuzum received guidance from other judges and built a program based on providing treatment, education, and job training that proved successful. Today, more than 200 specialized dockets are certified by the Supreme Court.
Nuzum will take what he has learned about drug courts and apply that knowledge in his new role as general counsel for a women’s treatment program. He knows how beneficial it can be when people come together as stakeholders to share ideas and information.
“We’re there to help each other so it can really make a difference in people's lives,” said Nuzum.
Conduct Board Recommends Discipline for Attorneys
The Ohio Board of Professional Conduct has filed six disciplinary case reports with the Supreme Court of Ohio. Two reports recommend sanctions for attorneys convicted of felonies and two other filings recommend permanent disbarment of attorneys who failed to respond to formal disciplinary charges.
Parties will have an opportunity to file objections to the board’s reports and recommendations with the Supreme Court. If a party files objections, the Supreme Court will schedule the case for oral argument.
Allen County
Disciplinary Counsel v. Amber Renee Goodman
Supreme Court Case No. 2023-0740
Recommended sanction: Indefinite suspension; no credit for time served under interim felony suspension.
Butler County
Disciplinary Counsel v. Dennis Lee Adams
Supreme Court Case No. 2022-1256
Recommended sanction: Permanent disbarment.
Cuyahoga County
Disciplinary Counsel v. John Taylor
Supreme Court Case No. 2023-0743
Recommended sanction: Six-month suspension, stayed.
Disciplinary Counsel v. Gary Allen Vick, Jr.
Supreme Court Case No. 2022-0939
Recommended sanction: Permanent disbarment.
Noble County
Disciplinary Counsel v. Jack Allen Blakeslee
Supreme Court Case No. 2023-0741
Recommended sanction: Public reprimand.
Trumbull County
Disciplinary Counsel v. Joseph Michael Bell
Supreme Court Case No. 2023-0739
Recommended sanction: Two-year suspension; six months credit for time served under interim felony suspension.
Conduct Board Issues Four Advisory Opinions
The Ohio Board of Professional Conduct has issued four advisory opinions, including two new opinions that address the application of the Code of Judicial Conduct to mayor’s courts magistrates and a lawyer’s responsibilities when responding to a subpoena for a former client’s file. Two opinions previously issued under the former Code of Professional Responsibility or Code of Judicial Conduct have been revised and reissued.
Advisory Opinion 2023-03 concludes that a mayor’s court magistrate is not subject to the Code of Judicial Conduct and may seek and hold another public office and accept a leadership position within a political party. The opinion reminds mayor’s courts magistrates that their professional conduct is still subject to the Rules of Professional Conduct.
Advisory Opinion 2023-04 advises that a lawyer in receipt of a subpoena for a former client’s file must promptly notify the client and seek the client’s informed consent to disclose information contained in the file. If the client wishes to challenge the subpoena, the lawyer must assert all reasonable claims on his or her behalf. If the former client cannot be found, the lawyer must take steps to limit the disclosure including serving objections or filing a motion to quash the subpoena.
Advisory Opinion 2023-05 observes that a judge’s disqualification is not mandated by the Code of Judicial Conduct when a lawyer employed by, associated with, or in partnership with the judge’s spouse makes an appearance before the judge. However, the board advises that disqualification is appropriate if the spouse’s affiliation may cause the judge’s impartiality to be reasonably questioned or an interest of the spouse may be substantially affected by the outcome of the proceeding. This opinion replaces Adv. Op. 1991-08.
Advisory Opinion 2023-06 advises that a Child Support Enforcement Agency (CSEA) staff attorney may not represent the state in any action involving a matter in which that attorney had previously issued orders as a CSEA administrative hearing officer without the informed consent, confirmed in writing, of all parties. The board cautions that other law may prohibit the representation even with the consent of all parties. This opinion replaces Adv. Op. 2006-06.
Court Provides Unique Learning Opportunity for Future Lawyers
For law students considering careers in the justice system, they had a unique chance to experience the state’s high court on their campus.
University of Cincinnati College of Law students met with Supreme Court of Ohio justices as part of its Off-Site Court program. Nineteen students interested in becoming judicial assistants or clerks sat and spoke with the justices during a luncheon following oral arguments.
“It’s a tremendous honor to have the Court and justices here,” said UC College of Law student Sarah Froehlich.
The justices offered guidance as seasoned legal professionals and shared their academic experience at UC. Three of the justices received degrees from the university and two others have taught at the law school.
“UC is opening doors. A clerkship will open doors. Don’t hesitate to walk through it when the door is open,” said Chief Justice Sharon L. Kennedy, who earned her undergraduate and law degrees from UC.
She recommended the law students seek specific courses and experiences for their desired tracks, extensive legal writing, and developing relationships with judges and lawyers.
“A growing professional network will serve you your entire career,” she said. “You will be a better lawyer if your network is wide and deep.”
That’s something second-year law student Froehlich is doing through several different opportunities. Aside from being a student, she competes in appellate debate competitions known as moot court and works as a fellow with the Ohio Innocence Project, which works to free wrongfully imprisoned people.
It’s a major career shift for Froehlich who spent several years as an event planner, largely weddings, before she decided she wanted to become an attorney.
“I’m here to learn how and why our law operates the way it does, how we can use the law to strive toward equality, and at the most simple level, how we can use the law to help people,” Froehlich said to her peers, lawyers, and justices during the luncheon.
She’s still determining what kind of law she’d like to practice, but she knows a judicial clerkship could help guide her. It would provide insight into the courts, and the chance to learn from experienced lawyers, judges, and even justices, about how she can serve others.
“If democracy is about giving everyone a seat at the table, our lawyers and judges are in the best position to pull up the chair,” Froehlich said.
Students Experience Justice at Ohio’s Highest Level
Students from across Cincinnati got an education from the state’s highest court and a glimpse into a possible career path at the 81st session of Off-Site Court.
The Supreme Court of Ohio heard oral arguments in front of students and teachers from six local high schools, Xavier University, and the University of Cincinnati (UC) at the newly renovated UC College of Law.
“In our American republic, citizens understanding the institutions of government is foundational. The judiciary has an important task in our society,” said Chief Justice Sharon L. Kennedy to the audience before oral arguments began.
The Off-Site Court program is designed to teach high school students and community members about the role of the Supreme Court, and how it’s connected to the lower courts in the state’s judicial system. The event provides a unique opportunity to see the appellate process at work and for many, it’s the first time they step into a courtroom.
“I’ve never actually been at a court or seen a court case,” said Malory Wellbrock, a student at the Spencer Center for Gifted and Exceptional Students who is thinking about a career in law. “It was really interesting to see all the people behind the scenes with the Supreme Court and the law school, not just the justices and lawyers.”
Wellbrock is considering the law because she likes the ideals of advocacy and defending people’s rights. Off-Site Court provided the opportunity to watch and learn about all sides in a legal argument through a Supreme Court case.
The Supreme Court’s Civic Education team provides each school with materials about the appellate process and the specifics of each oral argument. On the day of the event, students have the chance to speak directly with the justices about the court system, the work that goes into each decision, and being active citizens.
“You have a voice in this republic, and you should exercise it,” Chief Justice Kennedy told the students.
The justices also advise the students to keep an open mind, respect opposing minds, and use their critical thinking skills.
“That was a lot of information to process,” said Wellbrock about the 30-minute debate. “It was really helpful to talk to the attorneys after the case to see what they were trying to prove.”
The teen appreciates the education she received from Off-Site Court because it allowed her to see the work of the Court, justices, and lawyers to better understand their roles in the justice system. It’s valuable knowledge as a student, future voter, and potential attorney.
“I just want to make sure that I can make an impact with whatever I’m doing with my life, and I think the law would be a great way to do that,” Wellbrock said.
Statewide Reentry Task Force Announced
Today, Chief Justice Sharon L. Kennedy announced a Supreme Court of Ohio Reentry Task Force.
The multidisciplinary task force representing state and local agencies, judges, law enforcement, and community health and rehabilitation partners will be chaired by Judge Chryssa Hartnett of the Stark County Common Pleas Reentry Court. Judge Hartnett’s court is one of nine in Ohio with a specialized reentry docket.
“Last year nearly 18,000 people in our state emerged from incarceration in prison, and many more from jail –but where were they headed when they were released?” asks Chief Justice Kennedy. “We want to make sure they successfully reenter into community and family life, that the door from incarceration opens to living a life restored and does not become a revolving door.”
She has asked the task force to analyze the needs, services, and practices between courts and the reentry population. The task force will identify best practices to aid in reentry with a holistic approach to improve outcomes for those living a life restored. In addition to prison reentry, the task force will examine local jail release efforts.
The Supreme Court of Ohio began certification of specialized dockets in 2013. The first reentry docket in Ohio began in Richland County in 2000. Stark and Summit counties started their reentry dockets in 2006. Since July of 2019, Ohio’s reentry dockets, dealing primarily with individuals who were granted judicial release, have served 821 people.
“The goal is to grow and strengthen seamless reentry,” said Chief Justice Kennedy, “For those who have achieved life restored, they should be able to live a life restored.”
The representatives from criminal justice, health care, and community services will look at evidence-based policy and practices, and collaborative efforts to address basic needs toward successful reentry: education, housing, employment, treatment, and monitoring.
Christopher Nicastro, director of Criminal Justice Services at the Ohio Department of Mental Health and Addiction Services, will serve as vice chair.
The Reentry Task Force will hold its first meeting on May 18, 2023, and is asked to deliver its report of findings and recommendation to the Supreme Court by June 1, 2024.
February Ohio Bar Exam Results Released
The Supreme Court of Ohio has released results from the February 2023 Ohio Bar Examination. There were 141 first-time test takers and 60% of them earned passing scores. A total of 358 people sat for the exam and 151 passed.
In January 2022, the administrative procedure for being admitted to take the exam transitioned to an electronic process from the previous paper system. Applicants are now able to submit required documents and pay fees electronically. The digital transition also allows applicants to see results immediately in a private online portal rather than waiting to receive their results by mail.
Those who meet all requirements will be sworn in at a special session of the Supreme Court on May 15 at the Ohio Theatre in Columbus.
New lawyers and their guests are invited to visit the Thomas J. Moyer Ohio Judicial Center immediately following the ceremony. The Ohio State Bar Association will host a reception in the Moyer Judicial Center’s Grand Concourse.
The bar exam is administered twice a year by the Court, which regulates the practice of law in Ohio, including the admission of new attorneys, the biennial registration of current attorneys, attorney discipline in cases of misconduct, and the administration of continuing legal education.
February Ohio Bar Exam Results Released
The Supreme Court of Ohio has released results from the February 2023 Ohio Bar Examination. There were 141 first-time test takers and 60% of them earned passing scores. A total of 358 people sat for the exam and 151 passed.
In January 2022, the administrative procedure for being admitted to take the exam transitioned to an electronic process from the previous paper system. Applicants are now able to submit required documents and pay fees electronically. The digital transition also allows applicants to see results immediately in a private online portal rather than waiting to receive their results by mail.
Those who meet all requirements will be sworn in at a special session of the Supreme Court on May 15 at the Ohio Theatre in Columbus.
New lawyers and their guests are invited to visit the Thomas J. Moyer Ohio Judicial Center immediately following the ceremony. The Ohio State Bar Association will host a reception in the Moyer Judicial Center’s Grand Concourse.
The bar exam is administered twice a year by the Court, which regulates the practice of law in Ohio, including the admission of new attorneys, the biennial registration of current attorneys, attorney discipline in cases of misconduct, and the administration of continuing legal education.
Supreme Court Releases Victim Rights, Restitution Forms
New forms are available to ensure crime victims receive and understand the protections granted to them following a comprehensive statute codifying an Ohio constitutional amendment that went into effect today.
The new law known as H.B. 343, expands victim protections under the Ohio Crime Victims’ Bill of Rights, otherwise known as Marsy’s Law. The law codifies the constitutional rights of victims. Those rights range from keeping identifying information private, fair treatment throughout the criminal justice process, timely notification of case developments, and the ability to offer input about pleas and sentences at court proceedings.
The forms are designed to assist victims in electing and exercising their rights and to communicate their selections to justice partners.
The Ohio Victim Rights Request Form is for law enforcement and prosecutors to provides to victims, and performs three essential tasks. First, to inform victims of their rights – some are automatic, and some can only be exercised by request. Next, the form allows the victim to choose which rights to exercise, and to designate a representative. Finally, the form contains the victim’s contact information. This enables law enforcement, prosecutors, courts, and custodial agencies to give the victim essential information throughout the case.
The form will be completed by law enforcement during the investigation, reviewed with the prosecutor after the case begins, then filed with the court. Updates to the form can be made if the victim’s information or their rights election changes.
Crime victims are entitled to restitution from the offender. The Crime Victim Restitution Amount Summary Form provides guidance for victims seeking compensation for economic loss from the criminal or delinquent act, and how to gather information to support a request for restitution from the court.
For questions about the Marsy’s Law Forms, please contact Anne Murray by email or call 614.387.9408.
Supreme Court Releases Victim Rights, Restitution Forms
New forms are available to ensure crime victims receive and understand the protections granted to them following a comprehensive statute codifying an Ohio constitutional amendment that went into effect today.
The new law known as H.B. 343, expands victim protections under the Ohio Crime Victims’ Bill of Rights, otherwise known as Marsy’s Law. The law codifies the constitutional rights of victims. Those rights range from keeping identifying information private, fair treatment throughout the criminal justice process, timely notification of case developments, and the ability to offer input about pleas and sentences at court proceedings.
The forms are designed to assist victims in electing and exercising their rights and to communicate their selections to justice partners.
The Ohio Victim Rights Request Form is for law enforcement and prosecutors to provides to victims, and performs three essential tasks. First, to inform victims of their rights – some are automatic, and some can only be exercised by request. Next, the form allows the victim to choose which rights to exercise, and to designate a representative. Finally, the form contains the victim’s contact information. This enables law enforcement, prosecutors, courts, and custodial agencies to give the victim essential information throughout the case.
The form will be completed by law enforcement during the investigation, reviewed with the prosecutor after the case begins, then filed with the court. Updates to the form can be made if the victim’s information or their rights election changes.
Crime victims are entitled to restitution from the offender. The Crime Victim Restitution Amount Summary Form provides guidance for victims seeking compensation for economic loss from the criminal or delinquent act, and how to gather information to support a request for restitution from the court.
For questions about the Marsy’s Law Forms, please contact Anne Murray by email or call 614.387.9408.
Conduct Board Announces April Disciplinary Hearings
The Ohio Board of Professional Conduct today announced three April disciplinary hearings involving attorneys.
All hearings – unless otherwise noted – begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
April 6 – 1:30 p.m.
Disciplinary Counsel v. Jack Allen Blakeslee
Case No. 2022-046
Respondent’s counsel: Charles J. Kettlewell, Columbus
Hearing location: Thomas J. Moyer Ohio Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
April 11
Disciplinary Counsel v. John Taylor
Case No. 2022-048
Respondent’s counsel: None
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
April 24
Disciplinary Counsel v. Amber Renee Goodman
Case No. 2022-040
Respondent’s counsel: George D. Jonson, Cincinnati
Hearing location: Moyer Judicial Center, Hearing Room 104, 65 S. Front St., Columbus
St. Edward Wins State Mock Trial Competition
St. Edward High School wins the OCLRE Mock Trial State Championship held in the Thomas J. Moyer Ohio Judicial Center.
St. Edward High School wins the OCLRE Mock Trial State Championship held in the Thomas J. Moyer Ohio Judicial Center.
St. Edward High School in Lakewood took home the gold at the 40th annual Ohio Center for Law-Related Education (OCLRE) Mock Trial State Competition.
More than 200 high school students representing 21 schools argued a fictional court case before a panel of judges. St. Edward and reigning champion Talawanda High School in Oxford, competed during the final round held at the Supreme Court of Ohio.
Gavin Addington, a senior from the Cleveland-area winning team, said the group spent hours practicing and memorizing case material. He knew that the more comfortable they were with the information and with each other, the better off they’d be. It’s experience he has gained and cherished since his freshman year in the mock trial program.
“I couldn’t be happier with how it turned out. I’ve had a lot of fun the last four years. Going into it I knew this would only help with public speaking and confidence, and I can say it definitely has,” he said.
Addington was given the competition’s outstanding attorney award, and the panel was impressed with both teams’ preparation and performance. Retired Clermont County Judge Jerry McBride said the students would make great attorneys in the future.
The Ohio Mock Trial program is the largest non-athletic competition in the state with about three thousand students and more than a thousand legal professionals volunteering as legal advisors, case committee members, and judges.
“Our staff works for months to research, write, and edit an original case each year. It is a labor of love that is never fully realized until the students bring the case to life with their arguments,” OCLRE Executive Director Kate Strickland said. “We are incredibly proud of all student competitors, and what a special honor to host the final round at the Supreme Court of Ohio!”
The St. Edward mock trial team will advance to the national competition in Little Rock, Arkansas. You can watch the final round of the state championship online.
Couple’s Quality Time Includes Helping Future Attorneys
A Fairfield County couple has devoted much of their lives to helping other people. That willingness to serve includes assisting hundreds of future Ohio attorneys every year.
The Suttons help oversee the Ohio Bar Examination as trained assistants known as proctors. The couple of 40 years continued that service at the most recent bar exam – a duty they’ve shared for two decades.
“We like to serve and help others. It’s how we were raised and how we raised our family,” said Billy Sutton.
He first proctored in 2001 after a friend and former proctor recommended it to him. As a retired U.S. Army veteran, Billy experienced how precisely the exam is administered by the Supreme Court of Ohio. He enjoyed the responsibility of distributing and collecting exams and monitoring test takers. Within that structure, he could also be helpful by answering questions about the exam process or offering encouragement to law school graduates taking the big test of their lives.
“When they come in, they’re nervous. We try to keep them calm and show them a smiling face,” Billy said.
The chance to help people and the legal profession was something he knew his wife, Billie, would also appreciate. The challenge for her was fitting it into her schedule. While her husband was retired, Billie was still working for the Ohio Department of Taxation. But a couple years into her husband’s tenure, Billie worked it out where she could join Billy. And they’ve been side by side at the February and July bar exams since.
“Everybody says, ‘You’re always together.’ I say, ’This is just a good day for us,’” joked Billie, as the couple also volunteers at their church and for the Bloom-Carroll School District.
The Suttons firmly believe in the value of helping people and how that can impact others. They see that potential in the schoolchildren they work with and the future attorneys they meet and assist during the bar exam.
“The greatest accomplishment in life is to be a helper because at some point that’s what everyone is called to do,” said Billie.
Judges Explore Ideas for Reducing Criminal Caseloads
Judges discussed strategies for keeping their criminal cases on track to complete in six months.
Judges discussed strategies for keeping their criminal cases on track to complete in six months.
Set the tone. Find a way. Make it a priority.
Those words of advice came from Judge Michael Oster Jr. of the Butler County Common Pleas Court. He was offering suggestions for how to resolve criminal cases in six months.
Under state court rules, criminal cases are to be tried within six months after the arraignment. Delays can occur for various reasons. In the last few years, many cases traveled through courts more slowly due to pandemic-related issues, leading to a rise in 2020 and 2021 of criminal cases unresolved after six months. Ohio judges are working to reverse that trajectory.
Sixty-two common pleas judges gathered for two webinars in February to hear from other judges about ways to keep their criminal dockets moving. The effort helps to ensure that litigants have their day in court with a timely resolution. The judges delved into ideas for minimizing delays within their control.
Judge Oster said he sets an expectation in his courtroom that the six-month deadline must be met. The prosecutor, defense counsel, bailiff, and other staff all understand that the timeline is a priority for the court.
He noted it’s also important that judges pay attention to each criminal case on their docket. At the end of each week, Judge Oster’s assistant reviews the docket for the upcoming week and writes on the file the date that the case will be “over-age” – or beyond the six-month deadline.
Lake County Common Pleas Judge Patrick Condon also fosters a culture to complete criminal cases within the timeline.
He requires that parties arrive in court 15 minutes before plea and sentencing hearings so they can go over paperwork before court begins. This expectation is prominently featured on the court’s scheduling notice, he said.
His scheduler checks with attorneys to set pre-trial dates, which cuts down on the need for continuances. Judge Condon also goes on the record in court to note plea offers and trial dates, so there is no confusion.
He stressed the necessity to adapt as needed.
“You have to do whatever you need to for the case in front of you to ensure a fair process and outcome,” Judge Condon said. “While it’s not ideal, it is OK to carry cases over the time limit if justice demands it.”
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Disposing of criminal cases through plea deals also can clear a docket, but there are pivotal considerations. As judges are well aware, plea offers must be balanced with a defendant’s constitutional right to a trial.
Don Scheetz, an attorney in the Office of Disciplinary Counsel, noted that a judge must communicate to defendants that they are presumed innocent, and the judge’s actions must instill confidence in that principle. Judges also must ensure that a defendant’s decision to enter a plea is made knowingly and voluntarily.
One helpful tool for increasing efficiency is technology. Judge Jeannine Pratt of the Miami County Common Pleas Court relies on videoconferencing. The technology allows her to hold arraignments and bond hearings quickly, getting cases started, Judge Pratt said.
Every day, though, the processing of criminal cases is slowed by the real-world difficulties courts face. A judge said that technology has made evidence far more complex. There are analyses that need to be done for DNA, ballistics, cellphones, and drugs. Or sorting through hours of police body camera footage.
Another obstacle is the time it takes to get important documents – such as discovery, child services paperwork, medical evaluations, and presentence investigation reports. Waiting for this information can place hurdles in the path to the timely resolution of cases.
“Don’t get frustrated, because these cases are often the most serious ones,” said Judge Victor Haddad of Clermont County Common Pleas Court.
Each month judges report their criminal case statistics to the Supreme Court. Certain situations permit the six-month timeline in a criminal case to be put on hold, or “tolled.” When a party is unavailable for a trial or sentencing, for example, the case can be placed on an inactive status in the reports. Judges can note the issue on their reporting forms and later reactivate the case.
However, this allowance for reporting purposes doesn’t eliminate any deadlines mandated by statute or the state or federal constitutions.
A judge suggested that distinguishing among the types of criminal cases in the reports would provide more nuance for why a case is over-age. There are lower-level felonies, and there are capital and aggravated murder charges – the time it takes to complete cases at either end of the spectrum varies substantially because of their complexity.
Franklin County Common Pleas Judge Kimberly Cocroft said the depth of the challenge reminds her of an old adage asking how to eat an elephant.
“One bite at a time,” she said. “The solutions will not be an overnight event.”
Key questions for judges to consider are whether they are timely with their criminal docket using an approach that enhances justice and whether they are actively working to control delay. Judges are encouraged to call their colleagues to share strategies or to visit each other’s courts to see effective practices in action.
“You can do this, with the right priorities in place,” Judge Oster said. “If you set the expectation, educate others, and commit to follow those guidelines, things will start to change.”
Attorney Registration Fee Changes Effective July 1
The upcoming fee registration change is the first one for Ohio attorneys in 16 years.
The upcoming fee registration change is the first one for Ohio attorneys in 16 years.
Beginning in July, the biennial registration fee for Ohio attorneys will be $400.
Fee changes will be phased in over two registration periods, beginning with the period that opens July 1. Fees for the two-year period covering 2023-2025 will be $400. For the two-year period covering 2025-2027, fees will be $450.
It has been 16 years since attorney registration fees were last updated in 2007. Cost-saving measures by the Supreme Court Office of Attorney Services extended a projected 10-year window for the additional years. Ohio currently ranks as one of the lowest attorney registration fees in the country. And Ohio attorneys pay every two years, compared with annually in some other states.
Fees fund attorney services including processing registrations and maintaining attorney records; investigating complaints of judicial or attorney misconduct and the unauthorized practice of law; reimbursing victims of attorney theft through the Lawyers’ Fund for Client Protection; and supporting the Commission on Continuing Legal Education.
There will also be adjusted rates for late registration and certificates of good standing. Attorneys that file late on or after Sep. 1 must pay an additional $100. The fee for standard good standing certificates will be $20 and disciplinary certificates of good standing will be $35 each. Attorneys will also have an option for an expedited certificate of good standing for $50. A request made by 2:00 p.m. will be fulfilled the same business day.
Starting July 1, the Ohio attorney registration process will all be completed online, including an electronic bar license which can be stored on an attorney’s phone for easy access, or printed out as needed.
The changes will be reflected in Rule VI for the Supreme Court Rules for the Government of the Bar of Ohio.
Free Online Help for Kinship Caretakers
Kinship caregivers seeking resources to support children can get questions answered through Ohio Legal Help's new tool.
Kinship caregivers seeking resources to support children can get questions answered through Ohio Legal Help's new tool.
A new online tool is available to support Ohioans caring for children of relatives and family friends.
Ohio Legal Help, with funding from a Supreme Court of Ohio federal Court Improvement Grant, has developed an interactive section of its website to help kinship caregivers navigate complex topics that can impact displaced children and their caretakers. Topics include understanding the court process, enrolling children in school, getting medical care, and other benefits. The online tool also offers an interactive, step-by-step process to walk caregivers through developing their own action plan, which includes benefits and resources available to the child.
“Having this type of information is crucial to so many families across Ohio,” said David Edelblute, the Children and Families Section manager for the Supreme Court. “This centralized collection of resources for kinship caregivers is the only one like it in Ohio.”
A study by the Ohio Department of Jobs and Family Services found that placing kids with extended family members and close family friends leads to more positive outcomes for children. Placement with a relative minimizes trauma, provides more stability for children at home and school, and keeps families more intact. More than 227,000 juveniles in the state live with relatives other than their parents, according to the Ohio Department of Job and Family Services. Approximately 185,000 of those children are with their grandparents.
The need for kinship care has grown over the last decade due to the opioid epidemic with more parents unable to care for their children. It has increased the time juveniles spend in the child welfare system, according to the Public Children Services Association of Ohio.
Caregivers caught in the middle of such issues can be overwhelmed by navigating the legal and foster care systems. That’s why Ohio Legal Help is working to connect with families and show them their options and available assistance, to better take care of their loved ones.
“These cases are so complex, so we want to do everything we can to help caregivers get accurate legal information, helpful resources, and the tools they need to stabilize the child’s – and their own – situation,” said Susan Choe, executive director of Ohio Legal Help.
Young people bound for careers in law and justice spoke at the Supreme Court of Ohio today about the experiences that sparked their interest in a legal career, their dreams, and the determination to achieve.
Imokhai Okolo
Imokhai Okolo
Imokhai Okolo is an attorney at a global law firm in Cleveland. He spoke to the justices of the Supreme Court and 8th graders from Bexley Middle School attending the program Opening Doors to Careers in Law.
“Know that you are powerful beyond measure and capable of achieving any dream you put your mind to,” he told the packed courtroom.
Okolo saw his first lawyer on a TV show. Sparked by the drama, he set his sights on looking the part. It was a high school principal who told him about the Law & Leadership Institute (LLI), which helped him understand the legal profession and prepared him to succeed in college.
The LLI inspires and prepares young people from underserved communities to consider legal professions. Participants, primarily from the urban areas of Ohio, receive academic support, skills development, and mentoring throughout their high school years. The goal is to raise interest and prepare young people for careers in law and justice.
The Ohio program began in 2008 as a pilot project of the Supreme Court in partnership with federal courts in Ohio, Ohio law schools, the Ohio State Bar Foundation, and the metropolitan bar associations.
“100% of the students who complete our program graduate high school. Considering Ohio ties for the second lowest graduation rate for black high school students in the country with a rate of 69%, our students are indeed history makers,” said Heather Creed, LLI executive director.
Okolo’s four years in the LLI program gave him an opportunity to spend time with attorneys in his hometown of Akron, participate in mock trial, and sharpen his skills to attend Miami University. He credits college with exposing him to social justice movements and his passion grew. Today, he practices business law and dedicates time to pro bono representation.
“Our communities need people who are willing to dedicate their time, talents, and treasures to break generational curses and destroy systems that harm communities because of bias and prejudice,” said Okolo.
The audience also heard from a high school sophomore and a college graduate bound for law school, who shared their experiences.
Chief Justice Sharon L. Kennedy acknowledged the success of so many committed participants, “Thank you to all of the teachers who are helping students to develop critical thinking and leadership skills and are helping to foster dreams of hope - with education comes the possibility not just to dream, but to achieve those dreams as well.”
Applications are now open for the Law & Leadership Institute’s program that begins this coming summer. For more information, visit https://www.lawandleadership.org/apply.
More Than 350 People Sit for February Bar Exam
Results from this week’s bar exam will be released on April 28.
Results from this week’s bar exam will be released on April 28.
The Supreme Court of Ohio administered the February Ohio Bar Examination to 359 prospective attorneys this week. The applicants represent 43 Ohio counties and 15 states.
“In all my years with the Court, this was possibly the best bar exam we’ve had,” Director of Bar Admissions and Attorney Services Gina Palmer. “Everything went so smoothly, and all the applicants were great to work with throughout the process.”
The results of the exam will be released on April 28 at 8 a.m. And successful examinees who meet all requirements will be sworn in at the bar admissions ceremony on May 15 at the Palace Theatre in Columbus.
Last year, application to sit for the exam transitioned from paper-only to an electronic process to submit required documents and pay fees. Individual results are also available electronically rather than waiting to receive the results by mail.
The bar exam is administered twice a year by the Supreme Court, which regulates the practice of law in Ohio. Those regulations include the admission of new attorneys, the biennial registration of current attorneys, attorney discipline in cases of misconduct, and the administration of continuing legal education.
Court Welcomes Young Leaders in Law
The Supreme Court of Ohio will hear from past and present students of the Law and Leadership Institute during its Black History Month celebration on Feb. 28.
The Law and Leadership Institute began in 2008 as a summer initiative of the Supreme Court to introduce and prepare students in underserved urban areas for careers in the legal field. The non-profit program has grown into a four-year, pre-professional, and academic development program for students in Ohio’s six largest cities. Today, the Law and Leadership Institute is a collaboration among courts, bar associations, and Ohio state law schools.
“We create vision for our students for what is possible in their future and build the skills necessary for them to be able to realize that vision,” said Heather Creed, executive director. “Then we provide a supportive community of like-minded peers and mentors to have the support they need to make that vision a reality.”
The event titled “Opening Doors to Careers in Law” will feature students and graduates who will share their personal experiences and how the program is increasing diversity in the legal profession. Speakers include a current high school student, a college graduate preparing for law school, and a lawyer at Jones Day in Cleveland, a Law and Leadership alum.
“We really like to emphasize the importance of closing the educational opportunity gap for all students. So that our future leadership, and especially the legal profession, can be more reflective of the community as a whole,” Creed said.
Creed welcomes lawyers, judges, and teachers to attend the event and be inspired to promote diversity in their schools and workplaces. Learn about ways to be involved in mentorship, speaking opportunities, or hosting a student intern.
The event will be held at the Thomas J. Moyer Ohio Judicial Center on Feb. 28 at 1 p.m. and is open to the public. To RSVP, visit the registration page.
Current, Former Judges Among Conduct Board’s Disciplinary Recommendations
A presiding judge faces a two-year suspension; one former judge is looking at an indefinite suspension; and a previously suspended judge could be reinstated to practice law.
The Ohio Board of Professional Conduct has filed seven disciplinary case reports with the Supreme Court of Ohio with three cases involving current or previous judges.
One report recommends a two-year suspension for a sitting judge. Another report advises an indefinite suspension for a former judge who was convicted of felony offenses. The other judicial-related report proposes reinstating the law license of a former judge who was indefinitely suspended in 2019. The other four reports suggest suspensions for attorneys.
Parties will have an opportunity to file objections to the board’s reports and recommendations with the Supreme Court. If a party files objections, the Court will schedule the case for oral argument. Oral arguments are not scheduled in reinstatement proceedings.
Additional information about each case, including the report and recommendation, may be obtained by clicking on the case number below. Questions regarding cases pending before the Supreme Court should be directed to the Supreme Court’s Office of Public Information at 614.387.9250.
Franklin County
Reinstatement of Timothy Solomon Horton, Petitioner;
Disciplinary Counsel, Relator
Supreme Court Case No. 2018-1746
Recommendation: Grant reinstatement
Disciplinary Counsel v. James Edward Watson
Supreme Court Case No. 2023-0170
Recommended sanction: Impairment suspension
Harrison County
Disciplinary Counsel v. John Robert Estadt
Supreme Court Case No. 2023-0177
Recommended sanction: Six-month suspension
Licking County
Disciplinary Counsel v. Gregory Erwin Carter
Supreme Court Case No. 2023-0169
Recommended sanction: Six-month suspension
Lucas County
Disciplinary Counsel v. Omar Fahmi Shaaban
Supreme Court Case No. 2023-0179
Recommended sanction: Two-year suspension, one year stayed
Marion County
Disciplinary Counsel v. Jason Daniel Warner
Supreme Court Case No. 2023-0180
Recommended sanction: Indefinite suspension; no credit for time served
under felony suspension
Summit County
Disciplinary Counsel v. Hon. Kim Richard Hoover
Supreme Court Case No. 2023-0188
Recommended sanction: Two-year suspension
Court Summit Inspires Child Welfare Reform
Registration is open for the 2023 Supreme Court Summit on Children that will take place at Ohio State University March 16-17.
Registration is open for the 2023 Supreme Court Summit on Children that will take place at Ohio State University March 16-17.
Lucas County Juvenile Judge Denise Cubbon knows it takes a community to help children and families in the child welfare system. That’s why she’ll be at the Supreme Court of Ohio’s upcoming Summit on Children, an event that left a lasting impression when she first attended in 2008.
“That was where we realized the value of having our young people in foster care come to court for proceedings and including them in the process,” said Judge Cubbon.
She and other juvenile court judges will lead groups of other stakeholders – local leaders in children services, mental health and recovery services, and education – at this year’s summit on March 16 and 17. Each county group will begin developing a local action plan while receiving guidance from national and state experts during presentations and workshops. The goal for the groups is to learn best practices on how each county can come together to improve safety and outcomes for families in the child welfare system.
“We have to support families if we want to keep them from entering the court system, but especially once they’re in it,” said Judge Cubbon. “Our goal is to meet them where they’re at and provide them the best options that will benefit children and families urgently and permanently.”
Juvenile inclusion has advanced Lucas County’s handling of child welfare cases over the last 15 years. Back then, youth were shielded from court proceedings for fear they’d be traumatized. After the summit in 2008, juveniles were encouraged to attend and speak during hearings. That advocacy led to youth impacting policy. An advisory board was established so teens and young adults who’ve been through foster care can recommend ways to improve the system.
“It has really been empowering for these young people,” said Judge Cubbon. “I just had a case where a teen got his chance to speak in court. He said it was the first time he felt heard because he was able to speak for himself and not through someone else.”
Judge Cubbon is exploring initiatives with her community partners that can have the same effect as the 2008 summit. Topics that will be discussed during this year’s event include how to prevent children from being placed into foster care; additional ways to support relatives who care for children in place of parents; and educating courts and agencies about how to assist children and families dealing with trauma.
The deadline to register for the summit is March 3. For more information about the event, you can visit the Supreme Court's website, email the Children & Families Section, or call 614.387.9385.
Conduct Board Announces February Disciplinary Hearings
Each February disciplinary hearing will be held at a different venue.
The Ohio Board of Professional Conduct today announced three February disciplinary hearings involving attorneys.
All hearings begin at 10 a.m., unless otherwise noted, take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
February 2
Disciplinary Counsel v. Mark Stewart Bennett (10:30 a.m. start
time)
Case No. 2022-034
Respondent’s counsel: Richard S. Koblentz, Independence
Hearing location: Thomas J. Moyer Ohio Judicial Center, Hearing Room
106, 65 S. Front St., Columbus
February 16
Disciplinary Counsel v. Shawn Alexander Romer
Case No. 2022-035
Respondent’s counsel: Joseph P. Dunson, Cleveland
Hearing link
February 22
Disciplinary Counsel v. Ric Daniell
Case No. 2022-041
Respondent’s counsel: None
Hearing location: Moyer Judicial Center, Court of Claims, Courtroom 3B,
65 S. Front St., Columbus
Supreme Court Helping Military Spouses Practice Law in Ohio
Attorneys Marcie Sherman (left) and Kristie Gotwald (right) utilized the Court's military spouse exemption to practice law in Ohio when their husbands were assigned here from other states.
Attorneys Marcie Sherman (left) and Kristie Gotwald (right) utilized the Court's military spouse exemption to practice law in Ohio when their husbands were assigned here from other states.
Lawyers married to members of the military face different challenges when following their spouse on assignments. A main concern is being licensed when moving to a new state.
The Supreme Court of Ohio is making it easier, allowing spouses of active military personnel to practice in Ohio while the couple is stationed in the state.
“This was the easiest transition for me because I didn't have to take the bar exam,” said Marcie Sherman, an attorney with a military spouse exemption who works for the Montgomery County Public Defender’s Office.
Sherman received her first license in Colorado. Two years later, the Air Force transferred her husband to Nevada, which didn’t have an exemption for attorneys married to active service members. So, she had to take the Nevada bar exam to be licensed there, while juggling a young child and jobs she could do without a license – teaching and contract work. In the end, it took four years before she could practice in Nevada. Sometimes the military spouse is stationed for less time than it takes to get a license and they may never be able to fully contribute to the support of the family.
“I had no idea how much work it would take to get me relicensed in every state,” said Sherman. She has been practicing in Ohio since 2019.
The process for a military spouse to be temporarily admitted in Ohio is like the application process for the Ohio Bar Examination – without having to take the test. Out-of-state attorneys submit documents that confirm legal credentials, undergo a background check and character review, and that they are married to someone on active duty in Ohio.
It’s an option Dayton-area criminal defense attorney Kristie Gotwald wishes was available when she and her husband, also in the Air Force, moved from Oklahoma to her native New York in 2013.
“I was part of a military spouse group in Oklahoma,” said Gotwald. “A lot of the people were concerned about going to law school because of the licensing concerns from state to state.”
She ultimately took the New York bar exam and received her law license months before that state passed its military spouse exemption. By the time Gotwald, her spouse, and their children were restationed to Ohio in 2018, Ohio’s military spouse rule was in effect here. The application and approval process, which can take as little as three months, allowed her to start work as an Ohio attorney as soon as she got settled.
Gotwald and Sherman say they feel at home in Ohio. Gotwald passed the Ohio Bar Exam two years ago after her husband transitioned into the military reserves. Sherman’s situation depends on her husband. If he remains on active duty in Ohio through next October, she can be admitted to the Ohio bar without an exam. A Supreme Court rule allows attorneys to bypass the exam if they’ve practiced full-time in five of the last 10 years.
Both women are appreciative of the military and legal communities for allowing them to pursue their careers and help support their families. And they plan to stay involved with the lawyers who share their unique circumstances and make the process easier for others moving here.
“I want to help attorneys in my situation transition as smoothly as possible,” said Gotwald. “So, they can focus on what they love doing professionally and helping others.”
If you or someone you know is a trailing spouse to an active-duty U.S. military member, you can find more information about military spouse attorney admission on the Supreme Court’s website or email the Office of Bar Admissions.
Justice Deters Joins Supreme Court
Justice Joseph T. Deters, the 163rd justice of the Supreme Court.
Justice Joseph T. Deters, the 163rd justice of the Supreme Court.
Justice Joseph T. Deters has spent much of his professional career handling high-profile cases in one of the state’s biggest counties. Now, he will hear cases that have significant and lasting impact from the bench of the Supreme Court of Ohio.
The former Hamilton County prosecutor was sworn in as the 163rd justice of the Supreme Court over the weekend by Chief Justice Sharon L. Kennedy.
During his time as prosecutor, Justice Deters established the first drug court in Ohio in partnership with Hamilton County Common Pleas Court. The Hamilton County Drug Treatment and Recovery Court handles more cases than any other specialized docket in the state, providing treatment and support for offenders while also holding them accountable.
“I was always looking for programs to save the savable in our society and ways to get those people out of the cycle of prison,” Justice Deters said.
During his 40 years in public service, he worked to ensure access to justice for both victims and defendants. Justice Deters established the county’s first victim/witness advocate program and helped develop several diversion programs for first time non-violent offenders.
The Supreme Court’s newest justice has served as Ohio Treasurer, Hamilton County Clerk of Courts, Hamilton County Prosecuting Attorney, and an assistant prosecutor.
“I think I will bring a unique insight to the Court based on my background,” said Justice Deters.
As the justice joins the state’s court of last resort, he is eager to continue his constitutional duties for Ohioans. The opportunity is a new challenge that allows him to pursue the principles of public service that have guided him for decades.
“I swore to uphold the law and that's what I’m going to do here,” Justice Deters said.
Conduct Board Releases January Disciplinary Hearings
The Ohio Board of Professional Conduct today announced four January disciplinary hearings involving three attorneys and a former judge.
All hearings begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
January 10
Disciplinary Counsel v. Hugh Peter McCloskey, Jr.
Case No. 2022-038
Respondent’s counsel: George D. Jonson and Lisa M. Zaring,
Cincinnati
Hearing location: Thomas J. Moyer Ohio Judicial Center, Hearing
Room 106, 65 S. Front St., Columbus
January 11
Disciplinary Counsel v. Theodore Ferris Scribner
Case No. 2022-033
Respondent’s counsel: Peter T. Cahoon, Canton
Hearing location: Moyer Ohio Judicial Center, Hearing Room 106, 65
S. Front St., Columbus
January 20
Columbus Bar Association v. Douglas Whitney Bulson, Jr.
Case No. 2022-032
Respondent’s counsel: None
Hearing location: Moyer Ohio Judicial Center, Hearing Room 106, 65
S. Front St., Columbus
January 31
Disciplinary Counsel v. Tracie M. Hunter
Case No. 2022-037
Respondent’s counsel: Henry L. Sirkin, Cincinnati
Hearing location: Moyer Ohio Judicial Center, Hearing Room 106, 65
S. Front St., Columbus
Probate Form Changes Take Effect
The Supreme Court of Ohio has updated parts of the Rules of Superintendence for the Courts of Ohio that focus on standard probate forms.
The amendments create a form to order disbursement of an attorney decedent’s trust accounts, create a set of forms for name-change and name-conformity applications, and amend existing forms related to settling a minor’s claim to account for depositing the proceeds into a trust.
Among the changes that went into effect on Jan. 1 are:
- An updated residency requirement.
- The creation of an affidavit for a person to submit in support of an application for a minor’s name change.
- Updates to the types of applicants who may seek a minor’s name change, the residency requirement, and the nature of parental involvement.
- Updates to the judgment-entry form granting an adult’s name change to include a statutory citation to reflect the current revised code number. The judgment-entry form now acknowledges that the application was supported by sufficient proof.
Felony Sentencing Report Open for Public Comment
Public comment on the Sentencing Commission's report is open until Feb. 1.
Public comment on the Sentencing Commission's report is open until Feb. 1.
The Ohio Criminal Sentencing Commission is accepting public comment on its recommendations to improve clarity and reduce complexity for felony sentencing in the state.
The Criminal Sentencing Commission recently released a report that details the current felony sentencing system and how it has evolved since being established through law in 1996. The 80-page document details 12 specific adjustments the Sentencing Commission believes would restructure the system to be more fair and consistent.
The base for the commission’s recommendations is focused on a modified and modernized system that maintains a standard of consistent and proportional sentences while allowing flexibility for distinctions between jurisdictions.
For courts, the commission advises the use of uniform sentencing entries and pre-sentencing investigation reports. Both are used to standardize data entry and create a universal understanding of what goes into sentencing decisions across the state. Currently, 48 counties are working with the commission as part of a pilot project – the Ohio Sentencing Data Platform – that utilizes uniform sentencing entries and provides judges instantaneous, statewide examples to compare sentences for similar offenses.
The commission also recommends courts and prosecutors invest more in alternative forms of rehabilitation. The commission believes diversion programs and specialized dockets allow courts and community partners to address a person’s issues beyond a criminal offense.
The commission recognizes that for a systemic shift to occur, it will require involvement from all branches of government. The commission’s suggestion is to move toward a sentencing structure that does not require mandatory minimum sentences, and allows for flexibility with punishments to reward good behavior with options for early release from prison.
For this more adjustable system, the commission is asking that the state’s parole model align with court decisions, and requesting that lawmakers include third-degree felonies – sentences with a maximum of five years – be eligible for early release.
The commission is also asking legislators to simplify and reorganize criminal statutes. The 1996 “Truth in Sentencing Bill” established mandatory minimum sentences for offenses, but since then rules about felony sentencing have expanded and become more complex, making it harder to understand.
Public comments should be submitted in writing or via email by Feb. 1, 2023 to:
Sara Andrews
Director, Criminal Sentencing Commission
65 S. Front St., 5th floor
Columbus, OH 43215-3431
Sara.Andrews@sc.ohio.gov
Please include your full name and mailing address in any comments submitted by e-mail.
Civic Education Expands Young Minds
The Thomas J. Moyer Ohio Judicial Center is a learning experience for all visitors, especially young students.
The home of the Supreme Court of Ohio welcomes more than 10,000 students from across the state each year, offering school tours and a chance to learn more about the Ohio court system and its role in shaping state history.
“I learned a lot of stuff I didn’t know about the law or my rights,” said Zakhya Mason, a sixth grader from Mansfield after a recent visit.
The visits show students the importance of the law and the interaction between the judicial, legislative, and executive branches of government.
“You want to learn how to follow laws and how they’re created to understand how they became a law,” said Lila Franjesevic, a fourth grader from Bellefontaine.
The tours also highlight the three levels of Ohio’s court system – trial, appellate, and Supreme Court. The experience is inspiring to young minds already considering a career in the legal system like Adair Ruiz, an eighth grader from Canton.
“I find it very interesting how the system works, and how you can appeal to higher courts and see if they can overturn a decision,” Ruiz said.
The Supreme Court’s Civic Education team works to make the understanding of government hands on and accessible. Building tours include the Visitor Education Center with interactive exhibits that explain the judicial system and notable state cases. Students also get the chance to put the law into action by participating in mock trials. They play the roles of attorneys, judges, parties, and juries to learn first-hand the work of a trial court.
“It’s good to hear how the lawyers see it and what others in the jury think because then you can get all sides of a story,” said Quinn Sciaterra, a sixth grader from Mansfield.
The Supreme Court has many other resources for students and teachers to learn about the court system. The Civic Education staff offers numerous materials and lesson plans that can be used year-round to develop a better understanding of the justice system and the rights it gives to people.
“We have a system in place that protects your rights and makes sure that both sides of a case will get looked at,” said Kevin Six, a Canton middle school teacher. “It’s a system that’s based in fairness.”
Board of Professional Conduct Issues Advisory Opinions
The board's latest advisory opinions are addressed to prosecutors about judgment entries and limitations for out-of-state attorneys regarding depositions in Ohio.
The board's latest advisory opinions are addressed to prosecutors about judgment entries and limitations for out-of-state attorneys regarding depositions in Ohio.
The Ohio Board of Professional Conduct has issued two advisory opinions, including a new opinion that addresses the preparation of a judgment entry by a prosecutor and one updated opinion regarding the ability of an out-of-state lawyer or paralegal to conduct a deposition.
Advisory Opinion 2022-12 acknowledges that Supreme Court of Ohio rules permit a prosecutor to prepare a judgment entry in a criminal matter for submission to the court. The board reminds prosecutors to avoid engaging in ex parte communications with the court if subsequent changes or edits to a judgment entry are requested that concern substantive matters or issues on the merits. The board recommends that defense counsel be made aware of any request to a prosecutor to prepare or revise a judgment entry.
Advisory Opinion 2022-13 holds that an out-of-state lawyer may take or defend a deposition in Ohio if the deposition is reasonably related to a pending or potential proceeding in a tribunal in Ohio or another jurisdiction. To avoid assisting in the unauthorized practice of law, the board cautions lawyers against delegating deposition activities to a paralegal. This opinion replaces Adv. Op. 2002-04 that was issued under the former Code of Professional Responsibility.
Victims of Attorney Theft Awarded Over $124,000
The Board of Commissioners of the Lawyers’ Fund for Client Protection recently awarded $124,336 to 11 victims of attorney theft.
Five former Ohio attorneys were found to have failed to refund an unearned fee. Five deceased attorneys also were involved in claims presented to the board.
Disbursements are funded through registration fees paid by every Ohio attorney. The following are the latest awards:
Butler County
Former clients of deceased attorney James Earl Cooney were reimbursed $1,500 as a result of Cooney’s failure to provide the services requested prior to his death. Cooney passed away on Jan. 15, 2022.
Cuyahoga County
The Board awarded reimbursement to former clients of one former and one suspended Cuyahoga attorney.
Former clients of former attorney Sean Richard Porter were reimbursed $2,000 as a result of Porter’s failure to complete the services requested. Porter resigned from the practice of law in Ohio, with discipline pending, on Oct. 28, 2022.
A former client of suspended attorney Gary Allen Vick, Jr. was reimbursed $5,000 as a result of Mr. Vick’s failure to provide the services requested. Mr. Vick was suspended from the practice of law in Ohio, on an interim basis, on Aug. 26, 2022.
Erie County
The Board determined that a former client of deceased attorney Henry William Kishman is eligible for reimbursement in the amount of $87,979 as a result of Kishman’s failure to account for funds he agreed to invest for his client. Kishman passed away on Sept. 30, 2021.
Green County
Former clients of deceased attorney Athena Joan Nyers were reimbursed a total of $698 as a result of Nyers’s failure to complete the services requested. Nyers passed away on Feb. 14, 2022.
Hamilton County
Two former clients of deceased attorney Mary Jill Brewster Hugan were determined to be eligible for reimbursement totaling $9,000 as a result of Ms. Hugan’s failure to complete the services prior to her death on Nov. 11, 2019.
Huron County
A former client of deceased attorney Reese Mark Wineman was determined to be eligible for reimbursement in the amount of $1,300 as a result of Wineman’s failure to complete the services prior to his death on Aug. 11, 2021.
Lake County
Former clients of suspended attorney Albert Linden Purola were reimbursed a total of $7,500 as a result of Purola’s failure to provide the services requested. Purola was suspended from the practice of law in Ohio, on an interim basis, on May 4, 2022.
Medina County
The Board awarded reimbursement to former clients of two Medina County attorneys.
A former client of former attorney Richard Barbera was reimbursed $1,500 as a result of Barbera’s failure to provide the services requested. Barbera resigned from the practice of law in Ohio, with discipline pending, on March 14, 2022.
A former client of suspended attorney Russell Anthony Buzzelli was reimbursed $7,860 as a result of Buzzelli’s failure to provide the services requested. Buzzelli was suspended from the practice of law in Ohio on July 20, 2022.
The Lawyers’ Fund for Client Protection, formerly known as the Clients’ Security Fund, was created in 1985 by the Supreme Court of Ohio to reimburse victims of attorney theft, embezzlement, or misappropriation.
Ohio has over 45,000 attorneys engaged in the active practice of law. Less than 1% are involved in claims reimbursed by the fund.
Law clients who believe they sustained financial losses resulting from attorney theft, embezzlement, or misappropriation should contact the fund by calling 614.387.9390 or 1.800.231.1680 toll-free in Ohio.
Court Seeks Public Comment for Death Penalty Representation
Public comments about proposed amendments to rules regarding defense in death penalty cases are due to the Court by Jan. 12.
Public comments about amendments to rules regarding defense in death penalty cases are due to the Court by Jan. 12.
The Supreme Court of Ohio is accepting public comments on proposed amendments to the Rules for the Appointment of Counsel in Capital Cases.
Proposed amendments under Appt.Coun.R. 1.04 clarify the rules apply to all stages of death penalty cases, including direct appeals, post-conviction petitions by the state, and any appeals of state post-conviction petitions.
The recommended rule changes to Appt.Coun.R. 3.05-3.06 establishes qualification standards for lawyers seeking appointment as lead or co-counsel in post-conviction capital cases, including any appeals of that petition. Some of the certification criteria include mandatory experience in criminal litigation, appeals, and post-conviction petitions. The amendment also includes continuing legal education requisites specific for capital defense cases.
Public comments should be submitted in writing or via email by Jan. 12 to:
Tammy White
Attorney Services Manager
Supreme Court of Ohio
65 S. Front St., Fifth Floor
Columbus, OH 43215-3431
apptcoun@sc.ohio.gov
Please include your full name and mailing address in any comments submitted by e-mail.
Court Accepting Public Comment on Attorney Liability Insurance
The 45-day public comment period for responses about proposed changes regarding attorney liability insurance ends on Jan. 12.
The 45-day public comment period for responses about proposed changes regarding attorney liability insurance ends on Jan. 12.
The Supreme Court of Ohio will accept public comment until Jan. 12, 2023 on proposed amendments to the Rules for the Government of the Bar of Ohio.
The amendments would require private attorneys who do not maintain professional liability insurance to complete a free, online curriculum on the ethical management of a law practice.
The Office of Disciplinary Counsel, which proposed the rule change, will develop the education for attorneys without the insurance as part of a rule in Gov. Bar R. V and VI concerning proactive management-based regulation.
The rule change would begin for attorneys registering in 2025 and exempts new attorneys from the curriculum for their first two-year registration cycle.
Public comments should be submitted in writing or via email by Jan. 12 to:
Joseph Caligiuri
Office of Disciplinary Counsel
Supreme Court of Ohio
65 E. State St., Suite 1510
Columbus, OH 43215
PMBRComments@sc.ohio.gov
Please include your full name and mailing address in any comments submitted by e-mail.
Conduct Board Announces December Disciplinary Hearings
The Board's cases include an attorney facing a possible sanction and a reinstatement claim.
The Board's cases include an attorney facing a possible sanction and a reinstatement claim.
The Ohio Board of Professional Conduct today announced two December disciplinary hearings involving attorneys.
All hearings begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
December 5-6
Disciplinary Counsel v. Omar Fahmi Shaaban
Case No. 2022-026
Respondent’s counsel: None
Hearing location: Thomas A. Moyer Ohio Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
December 19
In re Reinstatement of Timothy Solomon Horton, Petitioner; Disciplinary Counsel, Relator
Case No. 2018-010
Respondent’s counsel: Jonathan E. Coughlan, Cincinnati
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
Chief Justice Encourages Heroes of the Future
Chief Justice Maureen O’Connor ushered in her last class of more than 600 new attorneys during the Supreme Court of Ohio’s Bar Admissions ceremonies on Nov. 14. She recognized their hard work and sacrifice, encouraging them to be heroes to the justice system.
“I charge you to be those heroes who do the work well, who serve others, who value and protect your reputation and the reputation of the justice system,” Chief Justice O’Connor said during her remarks.
Many of the 619 new lawyers sworn in at the Palace Theater in Columbus talked about the accomplishment and their dedication to service within the legal profession.
“It’s amazing to finally get to the dream I’ve been working toward for a long time,” said new attorney Abigail Wiet.
“I want to be a part of the solution in the justice system,” said new attorney Jeremy Pratt, a first-generation college student. “I felt that in order to do that, I would need something like a law degree to put myself at that table.”
Chief Justice O’Connor emphasized the value of new attorneys using their legal education to benefit their communities and help others navigate difficult situations.
“Countless fellow Ohioans and fellow Americans are disadvantaged and need legal advice. Think about how you can use your growing wisdom and expertise to help them,” Chief Justice O’Connor said during her remarks.
Many of the new lawyers have already committed themselves to public service. Forty new members of the bar exceeded 150 hours of pro bono work while managing law school and other responsibilities. Some of those efforts included externing at courts to better understand the judicial system, assisting with legal service clinics to help underprivileged Ohioans dealing with civil issues, and projects providing support to underserved populations – such as veterans and children with autism.
“There are so many people throughout any local area that just need help and don’t have someone with our legal education to provide answers,” said Shea Daley, a new attorney moving to the legal profession after years of service in the Air Force.
She, like many of the new lawyers, is proud to join more than 44,000 members of the Ohio bar and continue a career serving others.
“Being an attorney is a big responsibility, and it’s something you should appreciate,” said Kunga Drungchewa, a new attorney. “You affect people’s lives in a real way.”
Justice Sharon L. Kennedy Elected as Eleventh Chief Justice
Justices Kennedy, Fischer, and DeWine will continue their tenures with the Supreme Court through 2028.
Justices Kennedy, Fischer, and DeWine will continue their tenures with the Supreme Court through 2028. Chief Justice-Elect Kennedy will become the second woman to lead the Ohio judiciary.
Justice Sharon L. Kennedy was elected Chief Justice of the Supreme Court of Ohio Tuesday, for a term beginning on January 1, 2023. Justice Kennedy first joined the court in 2012 having been elected to fill an unexpired term. She was reelected to the court in 2014 and 2020. She becomes the second woman to serve as Chief Justice.
“As Chief Justice I look forward to working with Ohioans, community leaders, former Justice Paul Pfeifer, Executive Director of the Ohio Judicial Conference, judicial associations, and bar associations to build collaborative problem-solving teams to find local solutions, for local problems,” Justice Kennedy stated.
Justice Kennedy is the 154th justice and the ninth woman to serve on the state high court and will become the eleventh chief justice. Since joining the court, she has led a statewide initiative and annual summit to ensure that justice-involved veterans, suffering from the invisible wounds of war receive the treatment they need and deserve.
Kennedy came to the Supreme Court from the Butler County Court of Common Pleas, Domestic Relations Division, where, as the administrative judge she made the timely resolution of cases a priority.
“As I promised Ohioans, on day one we will begin ensuring the timely resolution of cases and that Ohio courts are transparent and will endeavor to help the marginalized reach their full potential.”
Justice Kennedy’s unexpired term as an associate justice will be filled by an appointee of Governor Mike DeWine.
Justices Re-Elected to the Court
Associate Justices Pat Fischer and Pat DeWine were also re-elected to the Court on Tuesday.
Justice Patrick F. Fischer will enter his second term on the Supreme Court of Ohio. He had previously been elected to two terms on the First District Court of Appeals covering Hamilton County.
Justice Fischer was in private law practice for nearly 40 years, representing clients across the country. He has served as the president of the Ohio State Bar Association and the OSBA’s Board of Governors. He has served on the Supreme Court’s Commission on Professionalism and the Cincinnati Bar Association’s Ethics and Professionalism Committees. A supporter of the Lawyer to Lawyer mentoring program, Justice Fischer is a graduate of the Harvard Law School.
Justice R. Patrick DeWine also enters his second term on the Court after serving on the First District Court of Appeals and the Hamilton County Common Pleas Court.
After law school Justice DeWine was a law clerk on the United States Court of Appeals for the Sixth Circuit, and then practiced law for 13 years at KMK law in Cincinnati. Justice DeWine has also served his community on the Hamilton County Board of Commissioners and a member of the Cincinnati City Council.
Justice DeWine graduated from the University of Michigan Law School in the top ten percent of his class. He is committed to furthering the rule of law through education, serving as an adjunct professor at the University of Cincinnati College of Law for the past ten years.
Justice Fischer and DeWine’s new terms will begin in January 2023 and run through 2028.
Teen Poll Worker Realizes Civic Purpose
A southeast Ohio teen is proof you don’t have to be 18 to make a difference on Election Day.
Grady Palmer is a 17-year-old high school student in Monroe County who served as a poll worker on Tuesday as part of the Youth at the Booth program. The election initiative – created by the Secretary of State – gives students the opportunity to be part of the voting process before they can cast a ballot.
“The ability for everyone to make change and contribute to something larger than them is what really drives me and motivates me to want to do this,” said Palmer, a senior at River High School in Hannibal.
Palmer got the idea from his government teacher, Amy Shreve, who has taught civic education at the high school for the past decade. Her main goal is to expand students’ thinking of what’s possible, whether it’s considering different perspectives on current events or how teens can become civically engaged.
“I’m just trying to get them to be informed and try to be a part of something bigger,” said Shreve. “It gives them a sense of purpose.”
Palmer first worked the polls for the primary election in May. He was drawn to the opportunity because of how much he values the right to vote. The experience allowed him to realize how pivotal election officials are in the process, and compelled him to volunteer for the general election, as well.
“I think it’s extremely important that everyone has a voice,” Palmer said. “Voting gives us the ability to be heard and make change,” Palmer said.
Palmer’s service has benefits beyond civic duty. Eligible students who are 17 and 18 years old, have finished their junior year, and completed four hours of training can earn up to $150 for their day’s work. Participants can also receive extra school credit, community service hours, and a boost to their college applications.
“It fills my heart when teens get involved because they get a better understanding of the roles they can play as citizens,” said Mollie Landefeld, director for the Monroe County Board of Elections. “Students are also great at handling new technology from sign-ins to the voting machines.”
Youth at the Booth can also spark students to do even more for their communities. It’s one reason Palmer is leaning toward a career in civic education. His experience at the polls and in his government class have inspired him to become a high school social studies teacher. The chance to “mold and shape students for the future” is the main reason he wants to be an educator. Helping others have a say about their futures through voting is why Palmer plans to work the polls for years to come.
“I love to see everyone contribute, and I love guiding others to take part in such an important process,” Palmer said.
Hamilton County Drug Recovery Court Awarded Grant Funding
From left to Right: Alexis Deatherage, Certification Coordinator; Kourtney Porter, Bailiff; Judge Nicole L. Sanders, Isaiah Lumpkins, Drug Court Director; Doris Vincent, Specialized Docket Assistant; Abigail Brodie, Specialized Docket Assistant
From left to Right: Alexis Deatherage, Certification Coordinator; Kourtney Porter, Bailiff; Judge Nicole L. Sanders, Isaiah Lumpkins, Drug Court Director; Doris Vincent, Specialized Docket Assistant; Abigail Brodie, Specialized Docket Assistant
The Hamilton County Drug Treatment and Recovery Court was awarded a total of $2.7 million to be used for risk assessment and treatment to provide services to the participants, their families, and the community.
The funds come from two federal grants. The Bureau of Justice Assistance and the federal Substance Abuse and Mental Health Services Administration money will be used by the court to determine the appropriate level of treatment and assign the right resources to each case.
The Hamilton County Drug Treatment and Recovery Court is one of more than 264 specialized dockets in Ohio courts. These dockets are dedicated to specific types of offenses or offenders and use a combination of holding offenders accountable while also addressing the cause of the behavior.
“Sometimes, breaking the law is a symptom of an underlying disease. In those cases, treating the disease can break a cycle of crime,” said Chief Justice Maureen O’Connor as she visited the court for the funding announcement. “We cannot throw away people, especially when the underlying cause of their criminal behavior is substance abuse disease. There is treatment available.”
The Hamilton County court is unique among specialized dockets. It is the only one created by law and the way it was created has made it the biggest of its kind in the state with about 900 active cases.
Chief Justice O’Connor praised Judge Nicole Sanders, who leads the court, and the entire court staff, her fellow judges, and partners from the legal and social service community committed to the treatment court.
Treatment providers, probation professionals, dedicated prosecutors, and defense attorneys have come together to partner with the court in conjunction with community specialists in housing, education, employment, people to help with financial issues, and the people who are committed to helping participants fill their time with positive activities as they work on their sobriety.
In just two years, the court has achieved its initial certification as a professional specialty court.
Studies have shown this team approach to working with participants on treatment works by reducing recidivism while saving tax dollars.
Court Renamed to Honor Jurist
Caption.
Supreme Court of Ohio Justice Melody Stewart led a procession of two dozen Cuyahoga County municipal, common pleas, and appeals judges. The Cleveland Metro Schools All City Choir performed under the direction of Dr. David Thomas.
It was more than the usual fanfare for a drug court graduation. But this was no usual graduation.
The Greater Cleveland Drug Court was graduating three participants. And it was also getting a new name. Cleveland Municipal Court Administrative and Presiding Judge Michelle Earley officially proclaimed the court was renamed the Judge Larry A. Jones Drug Court, in honor of the judge credited with establishing the specialized docket in 1997.
Judge Jones served on the Cleveland Municipal Court for more than two decades, was Presiding and Administrative Judge for 14 of those years. He was dedicated to holding offenders accountable and providing treatment and resources to break the cycle of drug abuse and drug-related crime.
Judge Jones is credited with steering more than 750 people to treatment and recovery. He was then elected to the Eighth District Court of Appeals.
“Larry knew that everybody makes mistakes, believed that everyone deserves the chance to be better and to do better, and that nobody is a throw away,” said Justice Stewart. Justice Stewart served with Judge Jones on the appellate bench.
The drug treatment court has gone on to graduate nearly 1,900 people. There were three new graduates this week, including two from Nepal. The court provided an interpreter for the ceremony.
During the ceremony, Judge Jones was recognized as an asset to the bench and a trailblazer in the community. His widow Jennifer was joined by their son Larry Jr., daughter LaToya, and granddaughter Ciera. Jennifer Jones echoed her husband’s words, “In my 21 years as a judge, Drug Court has touched me both personally and professionally and it truly has become my greatest accomplishment,” he said.
Judge Jones died unexpectedly, one year ago this month at 68 years old. His commitment to treatment-based rehabilitation is the legacy that lives on in the work of the court that now bears his name. And three new graduates earned the opportunity to be part of that legacy.
Conduct Board Releases November Disciplinary Hearings
The following is a schedule of cases set for hearing before the Ohio Board of Professional Conduct in November. All hearings take place before a three-member panel of the Board, are open to the public, and begin at 10 a.m. unless otherwise noted.
Hearings may be continued for good cause at any time. Please contact the Board at 614.387.9370 to confirm that a hearing will proceed as scheduled. Additional case information, including case documents, can be viewed and downloaded by clicking on the case number below.
November 7
Disciplinary Counsel v. Albert Linden Purola
(on remand, mitigation only; 9 a.m. start)
Case No. 2022-003
Respondent’s counsel: None
Hearing link
November 9
In re Reinstatement of Blaine Lawrence Gottehrer, Petitioner; Cleveland Metropolitan Bar Association, Relator
Case No. 2008-086
Petitioner’s counsel: Susan M. Stephanoff, Cleveland
Hearing location: Thomas J. Moyer Ohio Judicial Center, Hearing Room 106, 65 South Front Street, Columbus
November 15-16
Disciplinary Counsel v. Natalie Ference Grubb
Case No. 2022-020
Respondent’s counsel: Charles J. Kettlewell, Columbus
Hearing location: Moyer Judicial Center, Hearing Room 104, 65 South Front Street, Columbus
191 Attorneys Sanctioned for CLE Noncompliance
The Supreme Court of Ohio Commission on Continuing Legal Education has sanctioned 191 attorneys for failing to comply with required continuing legal education (CLE).
Attorneys need to stay informed on changes in laws, legal technology, and developments in their practice area to provide the best service to clients.
A total of six attorneys will be suspended from the practice of law. Four of those are recommended for suspension for repeat noncompliance. The other two are being suspended for failure to complete the New Lawyers Training requirement. The remaining 185 attorneys will have a monetary sanction imposed.
Suspended attorneys can return to the practice of law by making up their CLE deficiency and applying for reinstatement.
Ohio attorneys are required to submit proof they have completed 24 hours of accredited CLE every other year. Attorneys whose names end in A through L must complete requirements by the end of each odd numbered year. Attorneys whose names end in M through Z must complete requirements by the end of each even numbered year. The suspended attorneys have not met the requirements for 2020-2021.
In calendar 2021 and 2022, more course offerings have been available to licensed attorneys than ever before. A shift during the pandemic brought a wider range of remote learning options including live online, on demand, and webinars. Referred to as self-study, this style of learning was previously capped. Over the last two years, the cap has been suspended due to the pandemic.
“What we learned from necessity is that self-study allows attorneys to stay on top of emerging law in their area of practice in a way that also works for their schedule and their business,” said Director Gina White Palmer of the Supreme Court of Ohio, Attorney Services Division.
Beginning Jan. 1, 2023, the self-study cap will be permanently lifted for attorneys and raised for judicial officers.
It doesn’t mean in-person CLE will go away. Destination CLE is as popular as ever for attorneys who want to gather, reconnect with their legal network, and share experiences in and out of the courtroom, for the betterment of the profession.
The commission administers CLE requirements and accredits programs and activities that satisfy the mandatory Ohio CLE requirements.
View a complete list of sanctioned attorneys.
For additional information, including accredited courses, go to supremecourt.ohio.gov and click on “Attorneys” to find CLE information, transcripts, and CLE-approved activities.
July Ohio Bar Exam Results Announced
Among the 847 first-time test takers, 80% earned passing scores. A total of 970 aspiring lawyers sat for the exam, and 703 – or 72% – passed.
In January, the administrative procedure for being admitted to take the exam transitioned to an electronic process from the previous paper-only system. Applicants are now able to submit required documents and pay fees electronically. The digital transition also allows applicants to receive their individual results immediately in a private portal rather than waiting to receive their results by mail.
Those who meet all requirements will be sworn in at special sessions of the Supreme Court on Nov. 14 at the Palace Theatre in Columbus.
New lawyers and their guests are invited to visit the Thomas J. Moyer Ohio Judicial Center immediately following the ceremony. The Ohio State Bar Association will host a reception in the Moyer Judicial Center’s Grand Concourse.
The bar exam is administered twice a year by the Court, which regulates the practice of law in Ohio, including the admission of new attorneys, the biennial registration of current attorneys, attorney discipline in cases of misconduct, and the administration of continuing legal education.
Meigs County Opens New Juvenile and Probate Court
After catastrophic damage to its courtroom, the Meigs County Juvenile and Probate Court is celebrating its new permanent facility.
The court previously operated out of the Meigs County Courthouse built in 1848, making it one of the oldest courthouses in the state.
“We now have this new setup, see how wonderful it is and how much better our job is," Meigs County Juvenile and Probate Court Judge Scott Powell said. “And how much more excited we are to come to work.”
On Dec. 4, 2021, a boiler pipe explosion devastated the court’s office space. While working to find a new facility, Judge Powell and members of the court worked out of hallways, closets, and borrowed courtrooms, among other spaces, to continue serving the community.
A vacant county office, located on the first floor of 112 E Memorial Drive, was ideal space for the court. It has been transformed into a modern-day courtroom. The new space allows the court to work with youth doing community service projects, with an activity room and opportunities to help with tasks like gardening and painting.
The court lost some technology equipment in the pipe explosion, but technology and security devices were needed before that. In conjunction with the building project, the court applied for a Supreme Court of Ohio 2022 Technology Grant and secured two grants, totaling nearly $55,000. The court is now equipped with an X-ray machine, metal detector, duress system, and will be able to record all hearings with a new recording system and software.
For Judge Powell, a Meigs County native who has been serving on the bench for nearly 20 years, these changes are instrumental to the safe and effective operation of the court.
“There was no second-thinking when I had the opportunity to take on this project,” Powell said. “I just tackled it.”
While the 1848 courthouse holds its own unique history, Judge Powell established the new location’s promising future during the grand opening ceremony. He dedicated the new and updated courtroom to former Meigs County Juvenile Officer Carl Hysell, who died in September 2021.
Hysell served Meigs County for over 45 years and is remembered for his unending generosity to the community. He is regarded as a legend and an institution for those who professionally looked up to him.
“I saw firsthand, and I know the impact he made in my life,” the judge said. “He taught us so much, and we get to pick up the torch and go from there.”
Conduct Board Files October Disciplinary Recommendations
The Board of Professional Conduct recommends two attorney sanctions and advises against the reinstatement of a suspended lawyer.
The Board of Professional Conduct recommends two attorney sanctions and advises against the reinstatement of a suspended lawyer.
The Ohio Board of Professional Conduct has filed three disciplinary case reports with the Supreme Court of Ohio.
Two reports recommend sanctioning attorneys charged with professional misconduct and another advises against the reinstatement of a suspended lawyer.
The parties will have an opportunity to file objections to the board’s reports and recommendations with the Supreme Court. If a party files objections, the Court will schedule the case for oral argument.
Additional information about each case, including the report and recommendation, may be obtained by clicking on the case number below. Questions regarding cases pending before the Court should be directed to the Court’s Office of Public Information at 614.387.9250.
Cuyahoga County
In re Reinstatement of Brendan Edward Delay, Petitioner; Disciplinary Counsel, Relator
Supreme Court Case No. 2018-1743
Recommendation: Deny reinstatement
Montgomery County
Disciplinary Counsel v. Griff Makini Nowicki
Supreme Court Case No. 2022-1253
Recommended sanction: One year suspension, six months stayed
Seneca County
Disciplinary Counsel v. Joyce Ann Plummer (consent-to-discipline)
Supreme Court Case No. 2022-1254
Recommended sanction: One year suspension, stayed
Chief Justice Envisions Innovation by Courts to Meet State’s Challenges
Chief Justice Maureen O'Connor urges judges to carry on with efforts to combat the opioid epidemic, collect data for fairer sentencing, and invest in educating communities about how the courts serve the people they represent.
Chief Justice Maureen O'Connor urges judges to carry on with efforts to combat the opioid epidemic, collect data for fairer sentencing, and invest in educating communities about how the courts serve the people they represent.
Chief Justice Maureen O’Connor’s retirement from the Supreme Court of Ohio is approaching, but she hopes her vision of “continuous improvement” of the justice system lives on.
From the devastation the opioid epidemic has inflicted on families and communities to ensuring all individuals have fair and equitable access to the courts, Ohio judges can develop innovative solutions to address the legal system’s challenges, the chief justice said.
Speaking to more than 400 judges gathered in Columbus, Chief Justice O’Connor urged the legal community to work together and partner with the Supreme Court to analyze problems facing the justice system and develop creative responses. She touted a number of efforts in her 12 years as chief justice that have resulted in making courts more effective and efficient.
Three areas that need continued attention are: the impact of substance abuse and mental health, using data to drive decision-making, and civic engagement and education to instill confidence in the justice system.
Evolving Problem of Substance Abuse
“Don’t let down your collective guard on opioids and synthetic drugs,” she told the judges. “It’s a game of whack-a-mole. But we have to keep fighting, for the health of our communities and for the future of our children and our families. Advance the initiatives. Continue to use and grow specialty dockets, but don’t be afraid to innovate and change it up a bit if the science and data tell you there are better ways.”
The surging problem of opioid addiction has flooded courts with cases involving those with drug addictions and families facing the consequences of an addict’s behavior. Ohio has been working with neighboring states since the chief justice convened the Regional Joint Opioid Initiative in 2016 to develop ways to collectively address the legal problems caused by opioids.
Ohio also has been a pioneer in the development of specialized dockets. There are currently 14 recognized types of specialized dockets operating in Ohio including veterans’ treatment courts, drug courts, mental health courts, re-entry courts, OVI courts, sex offender courts, felony non-support courts, and domestic violence courts. Many of these courts address specific types of offenses or offenders whose underlying criminal behavior is caused by a struggle with drugs or alcohol and/or mental health issues. The state now has 263 specialized dockets with judges dedicating themselves to taking a scientific approach to addressing offenders, linking offenders with support services while providing strict monitoring to ensure participants comply with court orders.
But more can be done to face the challenges and develop ways to provide treatment and a means to overcome addiction, she noted.
Data Should Drive Solutions
The use of data to produce better outcomes will not only help with addiction, but also lead to improvements by courts in several aspects, Chief Justice O’Connor noted.
“There is no business that succeeds in the state of Ohio or in this country that does not rely on data. And the courts should be no different,” she said.
She encouraged the judges to grow data collection and use it in decision-making. Data can be a neutral and helpful advisor, she noted.
One of the principal areas of focus for the use of data has been in the improvement of criminal sentencing. The Ohio Criminal Sentencing Commission will continue developing a statewide database and is working to standardize the way the state collects sentencing data. The chief justice said that ensuring clear and understandable sentences is of the utmost importance to promoting confidence in the judicial system.
There are now 97 judges in 42 courts and 48 counties title="Link Opens New Window" target="_blank"who have volunteered to participate in various ways to establish the database. The development and use of a uniform template will help with the efficient collection of criminal sentencing data and reduce the burden of data collection on local courts, the chief justice noted.
“My time is limited. I am not going to see that vision come to fruition in my term,” she said as she urged other judges to join the effort and improve the system.
Instilling Public Confidence in Courts
Often overlooked is the work judges do each day to bring about fair and just results in their courts, the chief justice said. While they are elected officials, judges do not often garner the same amount of the public’s attention as others. The chief justice urged judges to “humanize the judiciary” by taking the time to make themselves known in the community.
She noted the work of Fayette County Common Pleas Court Judge Steven Beathard, who has set out to share with the community his efforts to preserve and update the 169-year-old Fayette County Courthouse.
“Each year the school children come to the courthouse in Washington Court House to hear about the real-life judiciary – and some drama on their tour. They can see the bullet holes in the doors from the Ohio militia. There’s actually bullet holes in the wooden doors. They were protecting a Black man inside from an angry mob that had gathered outside, and the militia shot through the door in order to dispel, disperse the crowd,” she recalled. “That courthouse and what happened … becomes very real to those students that tour that courthouse. They will feel connected to it because they know its story. And more importantly, they met the judge.”
She also urged the judges to take advantage of the Supreme Court’s civic education resources, including the use of the “Under Advisement” series. Under Advisement is a set of professionally created lesson plans, using real cases heard at the Supreme Court, for school teachers to educate students about the legal system. The program encourages attorneys and judges to partner with teachers to help them learn about the case and the significance of the decision to Ohioans.
“It is fun, rewarding, and allows you to connect with your community. And those kids can tell everyone they met a judge: you!” the chief justice said.
She also encouraged judges to participate in the Judicial Votes Count program, in which judges provide their own information about their backgrounds and experiences to a website designed specifically to inform voters about judicial candidates. Chief Justice O’Connor noted that voters have clearly stated their preference for electing their judges, but many do not vote in judicial races because they do not know enough about the candidates.
The JudicialVotesCount.org website was established through a partnership with the legal community, universities, media organizations, and the League of Women Voters, and is managed by the Ohio State Bar Association.
“Ohioans want to vote for judicial officers. But they don’t. And why don't they? Because they don’t know enough about the candidates for judge. Make it your mission to change that,” she said.
Ensuring Ohioans Fair Representation
When she leaves office in December, the chief justice joked that she is going to embrace the Italian concept of “il dolce far niente,” which translates to “the sweetness of doing nothing.” But only for a few months, she added.
Board of Professional Conduct Issues Four Advisory Opinions
The Ohio Board of Professional Conduct has issued four advisory opinions, including a new opinion that addresses the propriety of a judge attending a training offered by a law enforcement agency and three revised opinions previously issued under the former Code of Professional Responsibility or Code of Judicial Conduct.
Advisory Opinion 2022-08 addresses a judge’s attendance at a law enforcement agency’s training on speed measuring devices open exclusively to prosecutors, judges, and members of law enforcement. The opinion advises that judges should not attend the course because of the appearance of a close or improper alignment with law enforcement or prosecutorial interests that may erode the public’s confidence in an independent and impartial judiciary.
Advisory Opinion 2022-09 advises fulltime and part-time magistrates that they may not hold or seek election to a public office including local, city, or state school boards, city councils or county board of commissioners. The Board concludes that the “resign to run” rule in the Code of Judicial Conduct applies equally to running for or holding another public office and promotes public confidence in the independence of the judiciary. This opinion replaces Adv. Op. 2004-3 and Adv. Op. 2009-07.
Advisory Opinion 2022-10 concludes that a magistrate may serve as a trustee of a nonprofit condominium association when the magistrate is a resident condominium owner. The Board reminds magistrates to consider when their disqualification or resignation from the association may be required if the association frequently appears in matters before him or her. The Board also advises magistrates not to engage or serve as a legal advisor for the association or use their judicial title in conjunction with their association duties. This opinion replaces Adv. Op. 2004-3.
Advisory Opinion 2022-11 considers the ethical issues raised by lawyers sharing office space. The Board concludes that such arrangements are permissible if the lawyers act competently to maintain client confidentiality, especially when sharing nonlawyer office staff or computer systems and servers. The Board advises that lawyers may informally consult with one another on matters when client confidences are preserved and share legal fees as co-counsel in matters as permitted by the Rules of Professional Conduct. This opinion replaces Adv. Op. 1991-09.
Conduct Board Releases October Disciplinary Hearings
The Board of Professional Conduct's disciplinary cases include one continuance and a remote hearing.
The Board of Professional Conduct's disciplinary cases include one continuance and a remote hearing.
The Ohio Board of Professional Conduct today announced four October disciplinary hearings involving three attorneys and a former judge.
All hearings begin at 10 a.m., take place before a three-member panel of the board, and are open to the public.
Additional case information, including case documents, can be viewed and downloaded by clicking on the case number. Hearings may be delayed for any reason. Check the online docket to confirm that a hearing will proceed as scheduled.
October 3
Disciplinary Counsel v. Charles Anthony McKinney
Case No. 2022-001
Respondent’s counsel: Gary J. Leppla, Dayton
Hearing location: Thomas J. Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
October 18-19 (via Zoom only)
Disciplinary Counsel v. Jason Daniel Warner
Case No. 2022-021
Respondent’s counsel: Thomas W. Kidd, Jr., Cincinnati
Hearing link
Disciplinary Counsel v. John Robert Estadt (continued from September 26-27)
Case No. 2021-014
Respondent’s counsel: Richard C. Alkire, Cleveland
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
October 25
Disciplinary Counsel v. Gregory Erwin Carter
Case No. 2022-027
Respondent’s counsel: Dennis W. McNamara, Columbus
Hearing location: Moyer Judicial Center, Hearing Room 106, 65 S. Front St., Columbus
Year-round, the Thomas J. Moyer Ohio Judicial Center serves as a place for education about the state’s judicial branch, government, and history. That includes the summer months when civic-minded teens learn how they can better their communities.
Central Ohio high school students participating in a new leadership program recently visited the Supreme Court of Ohio to learn more about the state’s justice system and consider ways they can improve civic education in their schools and beyond.
“It has really made think more about my role in the community and the civic things that I do, whether that’s voter engagement or other ways I can contribute to our democracy,” said Aayush Kumar, a 16-year-old student Hilliard Bradley High School.
Kumar and his peers are taking part in the Civic Leaders Summer Program through Kids Voting Ohio. The pilot program is part of the education-based nonprofit’s efforts to fill gaps in civic awareness about the three branches of government from third grade through high school. The goal is to prepare youth to be better informed not only as voters but also as initiators of change to address concerns in their communities.
“If it’s hard for me to understand how government works with a political science degree, as a person who votes in every election and does this stuff professionally, I can’t even imagine what it’s like for an average adult or child,” said Matina Bliss, Kids Voting Ohio’s director.
Social progress is core to Bliss who has guided Kids Voting Ohio since 2020. She strives to provide students opportunities to enhance their knowledge about government and cultivate critical thinking skills so participants can be more aware of the needs of others in their community.
“It probably has to do with how I was raised,” said Bliss referring to her parents who regularly volunteered for community projects on behalf of their church in suburban Atlanta. “Everything was very much focusing on the people around you.”
During the summer program, Bliss works with students to identify a civic interest and determine ways participants can harness that curiosity through a service project they will develop during the upcoming school year. Certain examples include voter registration drives, town halls, and issue-based campaigns.
“If there’s a problem out there, there’s so much you can do about it, and there are so many different avenues you can take to solve it,” said Bliss.
With each project also comes the opportunity to learn skills for the future. This year, Bliss is emphasizing networking, public speaking, and budgeting to equip each student with the tools to problem solve and expand awareness to help make things better for others.
“It’s an understanding that you’re not just improving the quality of life for yourself, but for the people around you,” said Bliss.
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For Immediate Release September 14, 2022 Contact: Lyn Tolan 614-387-9250 |
CHIEF JUSTICE MAUREEN O’CONNOR TO DELIVER STATE OF THE JUDICIARY
Final Remarks to the Ohio Judicial Conference
COLUMBUS - Supreme Court of Ohio Chief Justice Maureen O’Connor will deliver her final State of the Judiciary address to the Ohio Judicial Conference. She will look back over her two decades on the Court and forward to the challenges that lie ahead for Ohio.
Chief Justice O’Connor is the 10th chief justice in Ohio history and the first woman to lead the high court. Chief Justice O’Connor has led significant reforms and improvements in the Ohio judicial system in her two decades on the Court.
She joined the Supreme Court in 2003 and was twice elected chief justice, in 2010 and 2016. She will retire at the end of the year due to a constitutionally mandated age limit. Chief Justice Maureen O’Connor is the longest serving, statewide elected woman in Ohio history.
What: Annual State of the Judiciary
When: Thursday, September 15, 2022, at 11:45 a.m.
Where: Hilton Columbus at Easton
3900 Chagrin Dr.
Columbus, OH 43219
The Ohio Channel live stream will begin at 11:50am on OhioChannel.org. The recording will be available for viewing and download after the event.
An AV mult will be available for media.
Background
Chief Justice Maureen O’Connor has done more to modernize the Ohio courts than any time in history. She brought electronic docketing and e-filing to the Supreme Court and started a program of grants to local courts to enable them to go electronic. Further advancements have increased access and reduced costs for litigants and taxpayers.
When the worldwide COVID pandemic hit, Ohio was ahead of most states in its ability to keep courts open and cases moving.
Chief Justice O’Connor has improved access to justice by advocating for constitutional bail practices and ability to pay assessments for court fines and fees. She is
spearheading the creation of a statewide criminal sentencing database and standardized data for felony sentencing. The chief justice established a task force to study grand jury proceedings in Ohio, created a committee to examine the administration of the death penalty. She initiated and led collaborative efforts of an eight-state initiative to combat the nation’s opioid epidemic.
Chief Justice O’Connor is past president of the National Conference of Chief Justices and former chair of the National Center for State Courts Board of Directors. Chief Justice Maureen O’Connor is a graduate of Seton Hill University and the Cleveland-Marshall College of Law.
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Grants Available for Field Trips to Supreme Court
Schools can now apply for a grant to offset the cost of travel for a field trip to the Supreme Court this academic year.
Schools can now apply for a grant to offset the cost of travel for a field trip to the Supreme Court this academic year.
The Supreme Court of Ohio’s award-winning civic education program, at the Thomas J. Moyer Judicial Center in Columbus, is in school tour season. Grants are available to underwrite transportation costs, so more schools can take advantage of the learning experience.
A school field trip immerses students in a subject area, provides context for the subject matter in the students’ world, and increases their knowledge. The memory of a field trip lasts long after the bus returns to school.
A tour of the Moyer Judicial Center begins with the history of Ohio in architecture and artwork. The building’s stunning Native American Lobby, Grand Concourse, and North Hearing Room set the stage. The majesty of the building represents the important work that happens at the Supreme Court's home.
In the Visitor Education Center, students learn about the appellate process and how the decisions of the Supreme Court impact the laws and citizens of Ohio. Interactive exhibits dynamically illustrate some of the cases which have impacted young people and families in Ohio. An opportunity to participate in a mock trial is a highlight for many students.
“Quality education creates motivation,” said Chief Justice Maureen O’Connor. “These grants help make an equal opportunity, equal access to this educational experience.”
There is no charge for tours. Apply for a transportation grant online now through Sept. 25 for visits through June 2023.
Grants are available to grades 4-12 for schools that receive state funding. Priority will be given to schools with the highest percentage of students enrolled in the free and reduced lunch program as reported by the Ohio Department of Education.
The grant amount will be based on the one-way distance from the school to the Moyer Judicial Center at 65 S. Front St. in downtown Columbus. Funding is limited.
- Less than 50 miles - $220
- 51 to 100 miles - $330
- 101 or more miles - $440.
The grant program began in 2011 and has funded 421 field trips for thousands of Ohio students.
Any school is welcome to schedule a tour, regardless of grant status. The Court’s Civic Education team will work with schools to coordinate tours with the nearby Ohio Statehouse. Within walking distance, the combination of tours gives a rich, full picture of history and government in Ohio.
For more information, please visit the Court’s website, email the Civic Education team, or call 614.387.9223.
Court Seeks Comments on Proposed Changes to Rules for Civil, Criminal, and Juvenile Cases
The Supreme Court of Ohio has opened a 45-day period for public comment on proposed amendments to the rules for courts.
The proposed changes include revised rules about technology in the courts, updates to rules for civil cases, a clarification about expert witness qualifications, and suggested modifications to juvenile court rules.
Technology-Related Rules
The proposed technology-related amendments provide new definitions relating to physical and remote appearances to ensure uniform use by courts for civil, criminal, and juvenile proceedings.
Additional changes specify that courts generally retain the authority to order a person to physically appear at a proceeding regardless of any option to appear remotely. For testimony that is provided remotely at a trial or hearing, the amendments clarify the jurisdiction of the remote testimony. The witness testifying remotely must affirm on the record that they submit to the Ohio court’s jurisdiction.
A recommended change to rules for civil cases would expressly allow courts to conduct remote bench trials.
An amendment to Rule 12 of the Rules of Criminal Procedure and Rule 8 of the Rules of Juvenile Procedure would require local courts to establish a method to accept filings electronically in criminal and juvenile matters. This change mirrors a rule for civil cases that was approved in the last rules cycle and took effect this year on July 1. A Crim.R. 15 revision would give criminal defendants the option to appear remotely for depositions.
RELATED COVERAGE:
Rules for Civil Cases
Additional changes proposed to the Rules of Civil Procedure would:
- Establish statewide minimum standards for process servers.
- Update methods of service (delivering court documents to someone involved in a case) when the document goes unclaimed, and when serving interrogatories and requests for admissions.
- Allow courts to adopt a local rule exempting parties in certain case types from a requirement to meet and discuss discovery issues before scheduling a conference with the court.
- Permit courts to reduce, as well as expand,the number of interrogatories – the formal written questions that are answered in writing and under oath for cases.
- Exclude certain domestic relations and civil protection order cases from a rule about the second dismissal of a case. Typically, when a plaintiff dismisses a case for a second time, the dismissal ends the case and prevents a later re-filing of the action.
Qualifications for Expert Witnesses
A recommended change to the Evidence Rules would clarify a requirement for expert testimony in medical liability cases. To qualify as an expert witness, the rule currently states that individuals must devote one-half of their professional time to active clinical practice in their field or to its instruction at an accredited school. The revised rule makes clear that the time in active clinical practice is determined when the legal claim accrued, not at the time of trial.
Rules for Juvenile Courts
A proposed change to Juv.R. 27 would clarify when cases in juvenile court can be heard with and without a jury. Another amendment would align Juv.R. 34 with recently passed legislation regarding the timing of dispositional hearings in juvenile cases.
Sending Comments
Publication of proposed amendments to court rules is designed to obtain thoughtful and meaningful feedback on the legal and practical effect of the proposals from the judiciary, attorneys, and the public. Comments will be reviewed by the Commission on the Rules of Practice and Procedure and provided to the Supreme Court justices.
Comments should be submitted in writing by Oct. 27, 2022, to:
Michel Jendretzky
Legal Counsel
Supreme Court of Ohio
65 S. Front St., 7th Floor
Columbus, OH 43215
CLE Rule Changes Means Greater Flexibility
The updated CLE requirements that allow unlimited self-study for attorneys will go into effect on Jan. 1, 2023.
The updated CLE requirements that allow unlimited self-study for attorneys will go into effect on Jan. 1, 2023.
Attorney and judicial education in Ohio will soon be more flexible and affordable.
Starting Jan. 1, lawyers will no longer have a limit on the amount of continuing legal education (CLE) requirements they can fulfill through approved self-study courses. Self-study is individualized learning outside a standard classroom or seminar setting. This may be live, interactive educational style including real-time video conference, teleconference, and on-demand courses online.
Continuing legal and judicial education is required to maintain and improve the quality of legal and judicial services in the state of Ohio.
The Supreme Court of Ohio waived the self-study cap during the pandemic. The change now becomes permanent, allowing flexibility for attorneys to fit CLE into their schedules while managing the cost of time and travel for in-person programs.
“With thousands of certified on-demand courses, this [rule] amendment makes it easier for lawyers to focus on their clients and practices while also maintaining their educational requirements,” said Gina Palmer, the Supreme Court Director of Attorney Services.
In Ohio, attorneys must complete at least 24 hours of CLE during every two-year compliance period. Previously, lawyers were limited to half the requirement – 12 hours – as self-study.
Judges and magistrates will also benefit from the adjusted CLE requisites effective Jan. 1, 2024. Of the 40 hours necessary for judicial officers each two-year cycle, 20 will be permitted through approved self-study courses. The changes will reduce individual travel and expenses to courts, while allowing more time for managing dockets and other duties.
For more information regarding the CLE amendments, please review the FAQs. Attorneys, judges, and magistrates are encouraged to confirm that self-study courses have been accredited in Ohio prior to attending a course in person or online.
The Supreme Court of Ohio has revised the Rules for the Government of the Bar of Ohio and the Rules for the Government of the Judiciary of Ohio to relocate the continuing legal education requirements for magistrates and acting judges from Gov.Bar R. X to Gov.Jud.R. IV.
The relocation creates no substantive changes to the continuing legal and judicial education requirements for judges, magistrates, and acting judges. It merely places all Judicial College education requirements for these judicial officers in one rule (Gov.Jud.R. IV) rather than two (Gov.Jud.R. IV and Gov.Bar R. X).
The revised rules go into effect Sept. 1, 2022.
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