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CNO Review April 2014 Edition

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CNO Review April 2014 Edition Supreme Court: Ohio’s Child-Enticement Hollon to Leave Supreme Court After 15 Years (p. 5) Law Too Broadly Written (p. 3) April 2014 In early May, the Ohio Supreme Court will host a national conference on the impor- tance of mentoring in a rapidly changing legal profession. (Story on p. 6) National Conference to Explore MENTORING INNOVATIONS 2 • APRIL 2014 • CNO REVIEW About Court News Ohio Court News Ohio is a service of the Office of Public Information of the Supreme Court of Ohio and Ohio Government Telecommunications. the April Issue Court News Ohio includes a website Inside (courtnewsohio.gov), a monthly print publication (CNO Review), a television program (CNO TV), 3 Cases a Facebook page (facebook. Court of Claims Approves $2.5 com/courtnewsohio) a Twitter Million Ohio Reformatory for Women feed (@courtnewsohio), and a Settlement YouTube channel (youtube.com/ CourtNewsOhioTV). 4 Happening Now Content is produced and edited New Web Access to Ohio Supreme by the Public Information staff Court Case Information with video production assistance from the staff of Ohio Government Telecommunications. The views expressed in CNO content do 6 Cover Story not necessarily reflect those of Upcoming National Conference to the justices of the Supreme Court Explore Mentoring Innovations of Ohio, and the justices do not exercise direct editorial control over the content. 8 Legislative Digest A compilation of bills and resolutions Submissions can be e-mailed to introduced by the Ohio General [email protected] or sent through Assembly that are of interest to the the U.S. mail to: judicial community Court News Ohio 65 S. Front Street 10 The Agenda 10th Floor Ohio State Bar Association 2014 Columbus, Ohio 43215 Conference is April 30 - May 2 A free monthly subscription to the CNO Review can be requested by 12 On the Bench e-mail or U.S. mail, or by calling Governor Appoints Fischer to Warren 614.387.9250. County Judgeship facebook.com/courtnewsohio @courtnewsohio youtube.com/CourtNewsOhioTV Cover Ilustration: kraphix/iStock/Thinkstock CNO REVIEW • APRIL 2014 • 3 Visit courtnewsohio.gov for the most current decisions from the Ohio Supreme Court, Courts of Appeals, and Cases Court of Claims. Supreme Court of Ohio the Supreme Court issued sanctions with the board’s recommended sanction against attorneys from across the state. of an indefinite suspension. Supreme Court: Ohio’s Child- On March 25, Warren attorney Kenneth N. Shaw was disbarred for Visit the courtnewsohio.gov "Cases" archive Enticement Law Too Broadly to read more about these disciplinary actions. Written representing clients while suspended The Supreme Court ruled March 6 and paying himself legal fees without that Ohio’s child-enticement statute the court’s permission. In a unanimous is unconstitutional because it could per curiam decision (not authored Courts of Appeals prohibit a significant amount of by a specific justice), the court Appeals Court Reverses constitutionally protected activity. In rejected the sanction of an indefinite Insurance Policy Cancellation the 5-2 decision, authored by Justice suspension recommended by the Notice Before Premium Due Date Judith Ann Lanzinger, the judgments Board of Commissioners on Grievances of both the Tenth District Court of & Discipline, and instead imposed A Cleveland insurance company’s Appeals and the trial court were disbarment. cancellation notice before a upheld because the broad language Also on March 25, Cleveland customer’s premium due date did of the statute can lead to criminal attorney David A. Streeter Jr. received not cancel the policy because a charges against a person in many a two-year suspension with 18 months 10-day grace period is built into the innocent situations. stayed for misappropriating $230,000, state statute, according to a March engaging in a Ponzi-like scheme, and 6 ruling by the Ninth District Court State v. Romage not promptly admitting his misconduct. of Appeals. The appeals court’s Slip Opinion No. 2014-Ohio-783 In the per curiam decision, the court unanimous decision was authored by rejected the recommended sanction, Judge Donna J. Carr. which included no actual suspension. Courts Must Expressly Consider The court instead imposed the two-year Vietzen v. Victoria Auto. Ins. Co. Youth as Mitigating Factor suspension with 18 months stayed. 2014-Ohio-749 Before Imposing Life-Without- On March 26, Dublin attorney Parole Sentence on Juvenile Robert Schuler received an indefinite suspension after his felony conviction A trial court must reconsider the life- Court of Claims without-parole sentence of a juvenile for filing a false tax return that omitted convicted of two 2009 murders $360,000 of income. The court’s 5-2 per Court of Claims Approves $2.5 in Cincinnati, the Ohio Supreme curiam decision agreed with the board’s Million Ohio Reformatory for Court ruled March 12. In an opinion recommended sentence of an indefinite Women Settlement authored by Justice Lanzinger, the suspension with credit for time served A $2.5 million settlement between court held that the record must show on a previous, interim suspension. a Cincinnati family and the Ohio that a trial court separately considered Also on March 26, the court in a Reformatory for Women will resolve the youth of a juvenile offender as a 4-3 per curiam decision suspended negligence claims surrounding the mitigating factor (a circumstance that Columbus attorney Paul Wallace for July 15, 2006 birth of a baby girl with may lessen the punishment) before it two years with one year stayed for severe brain damage and spastic sentences a juvenile to life in prison mishandling a client’s funds and quadriplegic cerebral palsy. The without parole. The 5-2 decision not keeping records of those funds. Court of Claims of Ohio approved the reverses the judgment of the First The court agreed with the board’s settlement agreement on February 28 District Court of Appeals. recommended sanction of a two-year suspension with one year stayed. and notes that the settlement will be State v. Long On March 27, Cincinnati attorney “drawn on the account of the Ohio Slip Opinion No. 2014-Ohio-849 Suzanne Land received an indefinite Reformatory for Women through the suspension following her conviction in Ohio Department of Rehabilitation and Correction.” Court Issues Disciplinary federal court for filing false documents with the IRS, and faking an email Sanctions in Five Cases Jai’la Michelle Nored, Exec., et. al. during litigation against her. In the 6-1 In five separate disciplinary cases, v. Ohio Reformatory for Women per curium decision, the court agreed Case No. 2011-10631 4 • APRIL 2014 • CNO REVIEW Nikita Belokhonov/Getty Images/Thinkstock New Web Access to Case Information Professionalism Commission Leadership Holds First Meeting A new search feature was added to the Supreme Court of Ohio website to help the public track issues accepted for review by the court. The new chair and vice chair of the The new service is available through the Supreme Court’s Clerk Ohio Supreme Court Commission on of Court on the homepage under “Issues Accepted for Review.” All Professionalism led their first meeting accepted jurisdictional appeals, accepted certified conflict cases, and March 14. accepted certified question of state law cases are viewable while open Akron attorney and former Akron and for 180 days after they are closed. A search can be done using the Bar Association president Michael L. issue, case caption, or case number. Robinson, who works in private practice, “Case information has been available online for quite some time, serves as chair of the commission this but now anyone who is interested in certain legal issues will have year while Mary L. Cibella, of counsel access to a case database that is searchable by the issue, or propositions with McGinty Hilow & Spellacy Co., LPA of law that are submitted by the parties in the case,” Clerk of Court in Cleveland, serves as vice chair. Mark Reed said. “This will be a useful tool in many ways, including for The commission promotes attorneys who may be interested in issues that affect their clients, but professionalism among attorneys are not directly involved in the case before the Supreme Court.” admitted to practice law in Ohio and The court’s website includes other features that can also be used to aspires to advance the highest standards track all cases, such as: of integrity and honor among members of the legal profession. • Case activity notification service to receive email notification In addition to the new leadership, when documents have been filed in a specific case. three new commission members • Video archive of oral arguments of cases dating back to 2004. attended their first meeting March 14: Franklin County Common Pleas Court • Opinions and case summaries of the Supreme Court and Ohio’s Magistrate Mark Petrucci; Columbus 12 appeals courts. attorney Tracie N. Ransom; a partner in Porter Wright Morris & Arthur’s litigation department; and Toledo litigation attorney Sarah K. Skow with Cooper & Kowalski, LPA. The Supreme Court also recently Honoring Employee Excellence reappointed two commission members: The Ohio Supreme Court recognized Lake County Common Pleas Court Judge three employees on March 11 for their Richard L. Collins Jr. and Muskingum professionalism and outstanding service County Domestic Relations Court Judge in 2013 during a Courtroom ceremony Jeffrey A. Hooper. attended by justices and staff. The The commission’s membership (two annual awards are the highest honors current vacancies) consists of five judges, given to Supreme Court staff. Those six lawyers, two law school administrators honored were: Joseph Caligiuri (left), or faculty, and two persons not chief assistant disciplinary counsel in admitted to practice law in any state. the Office of Disciplinary Counsel; John Commissioners are appointed for three- VanNorman, senior policy and research year terms and may not serve more than counsel in the Office of the Administrative Director; and Ian Palmer, a two consecutive full terms.
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