Court of Claims Approves $2 Million Settlement Amendment Would Clarify Lawyers’ Responsibilities in for Columbus Construction Contractor (p. 3) Providing Services to Medical Marijuana Clients (p. 4)

September 2016

The anticipated heavy demands on the justice system never materialized from the mostly peaceful Republican National Convention, but local courts planned extensively to ensure smooth proceedings under any conditions. (Story on p. 6.) 2 • SEPTEMBER 2016 • CNO REVIEW

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Court News Ohio is a service of the Office of Public Information of the and Ohio Government Telecommunications. Court News Ohio includes a website (courtnewsohio.gov), a monthly Insidethe September Issue publication (CNO Review), a television program (CNOTV), a Facebook page (facebook. 3 Cases com/courtnewsohio), a Twitter feed (@courtnewsohio), and a Court Can’t Use Juvenile Offense to YouTube channel (youtube.com/ Enhance Adult Crime Prison Sentence CourtNewsOhioTV).

Content is produced and edited 4 Happening Now by the Public Information staff Amendment Would Clarify Lawyers’ with video production assistance Responsibilities in Providing Services to from the staff of Ohio Government Medical Marijuana Clients Telecommunications. The views expressed in CNO content do not necessarily reflect those of 6 Cover Story the justices of the Supreme Court Cleveland Calm: How Local Courts of Ohio, and the justices do not Prepared for the 2016 RNC in Cleveland exercise direct editorial control over the content. 10 The Agenda Submissions can be e-mailed to Upcoming Events, Training [email protected] or sent through Opportunities, and Conferences the U.S. mail to: for Judges and Court Staff

Court News Ohio 65 S. Front Street 12 On the Bench 10th Floor Former Ohio Supreme Court Justice Columbus, Ohio 43215 Dowd Dies at 87

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COVER PHOTO: “RNC Protests” by Beverly Yuen Thompson is licensed under CC BY- NC 2.0 CNO REVIEW • SEPTEMBER 2016 • 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 Electric Company Not Liable Court of Claims for Injuries When Deer Hit Court Can’t Use Juvenile Offense Motorcyclist Who Hit Pole Court of Claims Approves $2 to Enhance Adult Crime Prison An electric company is not liable for Million Settlement for Columbus Sentence injuries suffered by a motorcyclist who Construction Contractor Using a prior juvenile adjudication collided with a deer and then struck a The Ohio School Facilities Commission to enhance the sentence of an adult utility pole, the Ohio Supreme Court and a project architect will pay a offender violates the state and federal ruled in late July. The Supreme Court Columbus construction contractor constitutions, the Ohio Supreme Court reversed two lower court judgments more than $2 million to settle breach- ruled on Aug. 25. The Supreme Court ordering Cleveland Illuminating of-contract claims related to building reversed the decision of the Second Company (CEI) and FirstEnergy dormitories at the Ohio State School District Court of Appeals, which Services Company to pay about for the Blind and the Ohio School for affirmed imposition of a mandatory $367,000 to Douglas and Diane Link. the Deaf. The Court of Claims of Ohio three-year prison term on Adrian Hand Douglas Link suffered serious leg approved the settlement agreement on Jr. As an adult, Hand pled no contest and pelvis injuries in 2010, when he Aug. 2. According to a 2013 complaint, to five felony charges, and the trial hit a power company pole on Savage TransAmerica Building Company court, during sentencing, counted his Road in Geauga County’s Bainbridge Inc. claimed its work was “continually prior juvenile adjudication as a prior Township. The power pole, along with delayed and disrupted by the OSFC felony for sentencing purposes. Writing 36 others, originally was slated for (now known as the Ohio Facilities for the Court majority, Justice Judith relocation by CEI during a township Construction Commission) and those Ann Lanzinger stated that because a road widening project, but part of the under its control.” The company also juvenile adjudication does not provide plan changed and the pole remained claimed that its requests to build in the right to a jury trial, it cannot be in place despite a letter from the more time to account for the delays used to increase an adult sentence. The county engineer expressing concerns were ignored or denied and that it trial judge ruled Hand’s prior juvenile that some poles would be too close incurred extra work beyond the scope adjudication for aggravated robbery to the road’s edge. Writing for the of the contract. Under the terms of must operate as a first-degree felony Court majority, Justice Judith L. French the agreement, TransAmerica will conviction, and under R.C. 2929.13 (F) pointed out that the county engineer receive $2,036,770.80, plus $151.02 a (6), that required Hand be sentenced and township trustees suggested the day in interest from Jan. 1, 2016, going to a mandatory, three-year term. pole be moved, but did not formally forward until paid. Steed Hammond He ordered the terms to be served order CEI to do so, and, further, the Paul Inc., the project architect, consecutively or a total of six years of pole did not interfere with ordinary must pay $971,700 of the total. The mandatory time. The Second District travel by motorists. The Court reversed commission is on the hook if Steed affirmed the ruling. Based on the U.S. the Eighth District Court of Appeals Hammond does not pay. The Court of Supreme Court’s 2000 Apprendi v. New decision and instructed a Cuyahoga Claims retained jurisdiction to enforce Jersey decision, the Ohio Supreme County Common Pleas Court to the agreement if TransAmerica does Court determined the enhanced overturn the jury verdict. not receive payment within 90 days. sentence violated Hand’s due process Link v. FirstEnergy Corp. TransAmerica Building Company, Inc. rights guaranteed by the Fourteenth Slip Opinion No. 2016-Ohio-5083 v. Ohio School Facilities Commission, etc. Amendment to the U.S. Constitution v. Steed Hammond Paul Inc., etc. and Article I, Section 16 of the Ohio Case No. 2013-00349 Constitution. State v. Hand Slip Opinion No. 2016-Ohio-5504 4 • SEPTEMBER 2016 • CNO REVIEW

CNO-TV Celebrates 100th Episode

News and Notes from Courthouses Across the Buckeye State

Amendment Would Clarify Lawyers’ Responsibilities in Providing Services to Medical Marijuana Clients The 100th episode of CNO-TV aired on Monday, Aug. 29. Click here to watch. The Ohio Supreme Court on Aug. 31 announced a proposed amendment to the Rules of Professional Conduct clarifying the ethical responsibilities of lawyers under the state’s new medical Reporters of Judicial Decisions Attend marijuana law. The Supreme Court will accept public comment Conference at Ohio Supreme Court through Sept. 18. If adopted, the proposed amendment would modify the provision in Prof.Cond.R. 1.2(d) by adding a new subsection, which reads:

“A lawyer may counsel or assist a client regarding conduct expressly permitted under Sub.H.B. 523 of the 131st General Assembly authorizing the use of marijuana for medical purposes and any state statutes, rules, orders, or other provisions implementing the act. In these circumstances, the lawyer shall also advise the client regarding related federal law.” Court employees whose primary The need to clarify the services attorneys can offer clients responsibility is to prepare their courts’ arose after an Aug. 11 non-binding advisory opinion issued by the opinions for publication met at the independent Board of Professional Conduct. The Board’s advisory Thomas J. Moyer Ohio Judicial Center opinion acknowledged the state’s new law, but also stated that in Columbus in early August for the prohibitions in federal law might create ethical problems for lawyers 35th annual meeting of the Association counseling or assisting a client with regard to the new state law, of Reporters of Judicial Decisions. depending upon the nature of the services their clients are seeking. Founded in 1982, association Chief Justice Maureen O’Connor reiterated the need for the Court members work at supreme courts, to move expeditiously, yet with due diligence. “We will revisit the appellate courts, international trade issue after examining public comments, which serve as a backstop to courts, and tax courts in the United identify any unintended consequences that haven’t been uncovered States and internationally. so far,” she said. In addition to several business meetings, the association agenda Public Comment Period: Public comment should be submitted in includes educational sessions devoted writing or via email by Sept. 18 to: to legal writing and personal help, such as “How to Cope with Burnout John VanNorman and Compassion Fatigue,” and Senior Policy and Research Counsel another seminar devoted to the study Ohio Supreme Court of reporting judicial opinions on 65 S. Front St., Seventh Floor Ohio’s frontier in the 1800s. Former Columbus, OH 43215 Supreme Court Justice — and current or state representative — Robert Cupp [email protected] led attendees on a tour of the . Guests also toured the Moyer Judicial Center. CNO REVIEW • SEPTEMBER 2016 • 5

Opioid Addiction Tackled in First-Ever Regional Summit To kick off a nine-state joint effort to combat “the scourge of opioid addiction,” Ohio Supreme Court Chief Justice Maureen O’Connor declared that regional cooperation “will be critical in this battle that we cannot afford to lose.” “Our region’s judicial leaders have an especially important role to play,” Chief Justice O’Connor said. “In fact, I would argue we have no choice but to step up.” The Regional Judicial Opioid Initiative Opening Summit, led by the Supreme Court of Ohio and the first Chief Justice Maureen O’Connor, left, helps map an action plan at of its kind, took place over three days in late August in the Regional Judicial Opioid Initiative Summit with Michele Worobiec, Cincinnati and brought together judges, criminal justice policy counsel, Specialized Dockets Section of the Supreme Court of officers, public health experts, and addiction specialists Ohio, and Jac Charlier, director, the Center for Health and Justice at from Ohio, Michigan, Indiana, Illinois, Kentucky, West the Treatment Alternatives for Safe Communities, Inc., of Illinois. Virginia, Virginia, Tennessee, and Pennsylvania, as well as the federal government. “It is flooding our emergency rooms, our courts, our As the attendees labored in a workshop setting, the prisons, our child welfare systems, and our treatment problem they’re committed to end raged in their states providers. It is taking an emotional toll on our families back home and on the streets of the host city. Health and our communities,” Chief Justice Minton said. officials in Cincinnati responded to more than 100 drug Chief Justice O’Connor declared that “the poisonings and overdoses, three of them fatal, while government’s response must jettison traditional notions the conference was being held, and spikes of opioid of how government works and think outside the box,” poisoning hit the national news from Indiana, Kentucky, a theme that Ohio Gov. John Kasich captured in a and West Virginia. luncheon address on Day 2 of the conference. The Ohio Department of Health issued a gloomy “If you take a non-violent drug offender, the last drug abuse fatality report in late August, which said thing you want to do is put them in a penitentiary,” deaths from the opioid fentanyl rose from 84 in 2013, to Kasich said. “It would be great to keep them in their 503 in 2014, to 1,155 in 2015. local community.” “It is a problem that respects no borders, no Kasich then noted that many addicts live in areas boundaries, and no political concepts of who should where help is scarce, an issue for governments to be responsible for this addressing this problem,” Chief address. Justice O’Connor told the delegates. “Solving the opioid Over the next 12 months, the delegates and the crisis that continues to grow in our communities rests departments they represent will share information with each of us and all of us.” from their own programs and establish regional policy The conference was designed to be a problem-solving planning and development across their criminal justice, first step in a year-long effort to knock down institutional public health, family support, medical, and behavioral silos and thinking and establish a mindset of regional systems. sharing of ideas and solutions. “Ideas gleaned this week from our regional partners “A cross-section of all three branches of government will be critical in a battle that we cannot afford to lose,” and our partners in the private sector must join forces Chief Justice O’Connor said. to tackle this problem head-on,” Chief Justice O’Connor At the close of the conference, the Ohio chief justice said. told the delegates that “the collaboration here was Kentucky Supreme Court Chief Justice John Minton, phenomenal,” and added: “I want to thank you for the who said an average of four people a day in his state die hard work so far and the hard work that’s yet to come.” of opioid abuse, told the delegates that the epidemic “is “This is a first-of-its-kind summit,” she said. “Let’s devastating the lives of addicts and those who love them. make sure it’s not the last of its kind.” 6 • SEPTEMBER 2016 • CNO REVIEW

calmCleveland CNO REVIEW • SEPTEMBER 2016 • 7

The mood felt tense. Worries about potential conflict or violence seemed to ratchet up with each day’s news coverage. About 5,000 primary and alternate delegates were headed to the Republican National Convention in Cleveland from July 18 to 21. Estimates were another 15,000 news media and 20,000 to 30,000 protesters would descend on the city for the four-day event.

levelanders had concerns, given police taking the lead in the discussions. The that tensions had boiled over at judge tapped Mike Negray, deputy court Csome past conventions. In Chicago administrator, to represent the municipal in 1968, the country was hotly debating court’s perspective with the group. the Vietnam War, and anti-war activists The officials delved into decades of and police clashed at the Democratic political conventions, exploring what National Convention. Hundreds of worked and what didn’t in other cities. protesters and officers were injured, and Using a worst-case scenario of about 850 about 600 people were arrested. At the arrests, Negray said they discussed best 2004 Republican National Convention in practices, identified possible bottlenecks, New York City, media reported more than and brainstormed strategies generally. 1,800 arrests, many for minor offenses. They also practiced “table-top exercises,” Then, in the weeks leading up to this year’s playing out how to deal with various what-if Cleveland convention, shootings involving scenarios. police in Minnesota and Louisiana and a “We looked at the whole puzzle, the sniper attack on Dallas law enforcement overall process,” Negray said. escalated anxieties. But planning in Cleveland had been in the works for two years, since July 2014, Readying for Mass Arrests when the city of about 400,000 in this critical To prepare adequately, the municipal swing state was chosen as the location for the court devised a plan to handle 1,000 Republican Party’s presidential nominating cases on each day of the convention. The convention. court’s spokesman, Ed Ferenc, explained For local courts, preparation began in that 1,000 hearings, from traffic offenses earnest about a year ago. The Cleveland to arraignments, usually flow through Municipal Court would carry much of the court on a normal business day, so the burden for managing misdemeanor planners thought managing the expected offenses committed during the event. Judge high level of convention-related arrests Ronald B. Adrine, the court’s administrative would be doable. All other normal court and presiding judge, reached out to business was postponed until after the the Cleveland Police Department. That convention. conversation launched a series of meetings For each day of the RNC, the between the municipal court’s staff and court established five docket times for the common pleas court, city prosecutor, arraignments following arrests. Three public defenders, corrections department courtrooms were available for each docket officials and probation officers, as well as time. Judge Adrine said if capacity was law enforcement agencies from all levels reached in one, they would open up the including the county sheriff and the U.S. next courtroom and then fill those time Secret Service. About 40 agencies in all slots. calm were involved, Judge Adrine said, with local Story continues on p. 8. 8 • SEPTEMBER 2016 • CNO REVIEW

CALM | Continued from p. 7

“We set it up accordion-style, so we could gear up or down depending on the volume,” he noted. Officials also expanded the court’s hours of operation. The court – located in the Justice Center on Ontario Street, just beyond the convention “hard zone” – would be open 20 hours each day from 5 a.m. to 1 a.m. with staff working 10-hour shifts. About 60 of the more than 200 employees were assigned to work on site, while others worked from home. Judge Adrine said they limited the number of employees in the building because of expected hassles with restricted parking and commutes into the city. Planners developed contingencies outside the downtown area in case prisoners couldn’t be brought into the court, additional facilities were The Cleveland Municipal Court holds an arraignment for a protester arrested following a July 20 flag- needed to accommodate the caseload, burning demonstration during the Republican National Convention. Police arrested 18 protesters that or RNC security staff decided to close day, mostly on charges of failure to disperse and disorderly conduct. the building, Negray said. The court conducted a special session on the Sunday before the They reached out to the Ohio Police Arrest a Few Dozen official start of the RNC to move all Supreme Court, asking for assistance. With preparations in place, the those detained in the downtown jail to Along with the six municipal court convention began on Monday, July 18. other jurisdictions, clearing space to judges already on call for the Only four arrests were made during hold up to about 900 people. convention, Chief Justice Maureen the first two days. Three were activists At the Cuyahoga County Common O’Connor assigned 11 more judges who had shimmied up the flagpole at Pleas Court, normal business hours to handle cases if needed. Five of the Rock and Roll Hall of Fame. were kept, but the caseload was them ordinarily preside in the county Wednesday, July 20 marked the restricted to only critical matters. common pleas court, conveniently highest number of arrests – 18 – in “We planned ahead and cleared housed in the same building as the a day for the entire convention. our dockets of trials and hearings so municipal court. The other six judges Police stated they arrested protesters that members of the public would not hailed from the Eighth District who were part of a flag-burning be required to come downtown,” said Court of Appeals, across the street; demonstration by the Revolutionary Administrative Judge John J. municipal courts in nearby Bedford, Communist Party, most for failure to Russo. “We were still open for business Parma, and South Euclid; and as far disperse and disorderly conduct. and held our regularly scheduled away as Fairborn, near Dayton, and The Wednesday arrests made arraignments, and were here to deal Ottawa, in northwestern Ohio. Thursday the busiest and longest day with immediate legal issues.” Negray said a short training for the municipal court. Ferenc said session was held to orient the judges because of some complications in the to the municipal court’s procedures, arrest process, the charges came from Extra Judges On Call especially bail, fines, and penalties for the prosecutor’s office late Thursday misdemeanors, which the common Although 13 judges typically staff the afternoon, so the court conducted pleas judges would be less familiar municipal court, uncertainty about the arraignments that evening. In the with. And they planned for the longer the level of services that would be end, demands on the court were light, term as well. required led court leadership to enlist and Judge Adrine was the only judge “The chief wisely allowed these additional help. needed to oversee municipal court assignments to extend two to three “Because we didn’t know what we cases during the convention. months, as needed, to provide were up against, we thought it best The common pleas court also coverage if the convention resulted in to have a reserve of judges,” Judge preferred a minimal caseload. a glut of jury trials,” Judge Adrine said. Adrine said. CNO REVIEW • SEPTEMBER 2016 • 9

“Fortunately, almost everyone It took a concerted effort and was well-behaved, and there were no considerable cooperation among issues with protestors that reached the the varied organizations to lay a Elements felony level,” Judge Russo said. foundation for a smooth, largely peaceful convention. Negray said the city and the courts were well of Success Restraint Prevails prepared and everyone continued to Among the Cleveland Municipal Ferenc strolled around downtown communicate throughout the week. Court's key steps to effectively near the convention site on Tuesday. “To administer justice, we had prepare for possible mass arrests He described the immense law to work seamlessly as a group. We during the July Republican couldn’t do it individually,” he enforcement presence, comprised National Convention: of officers from across the country stressed. displaying powerful automatic Judge Adrine added that police weapons. While he said the amount had the right attitude and their high 55 Hold a special court session of law enforcement was clearly profile kept the crowds calm. to move people being held designed “to intimidate everyone “Proper preparation prevents poor in downtown jail to other into behaving,” he also noted their performance – I think that was the jurisdictions, clearing space “tremendous restraint” and the case here,” he said. “I let out a long, for convention arrests respect for the rights of citizens to drawn-out sigh of relief when it was assemble and protest. Police carried over.” 55 Put a hold on normal court water to some protesters and engaged business until after the in friendly, sometimes playful, convention interactions with people on the streets during the event. 55 Establish expanding “Hats off to the city administration, dockets based on need police chief, and staff for putting 55 Lengthen hours of a masterful plan in place,” Judge Adrine said. operation 55 Require only essential staff to navigate the convention zone and work in the courthouse

55 Create longer work shifts

55 Enlist the help of the Ohio Supreme Court to assign judges from other jurisdictions

55 Identify other locations for possible court proceedings outside of downtown

55 Plan operational details for conducting those proceedings off site

PHOTO CREDITS. Page 6: Judge Michael Yamiche Alcindor of the New York Times speaks with Cleveland Municipal Court Judge Ronald Astrab, Cuyahoga County Common Pleas Adrine in one of many media interviews given before the start of the July Republican National Court. Pages 8 and 9: Ed Ferenc, Cleveland Convention. Municipal Court. 10 • SEPTEMBER 2016 • CNO REVIEW

The

AgendaUpcoming events, training opportunities, and conferences for judges and court staff. Conferences For more information, contact the event Meetings sponsor at the website provided.

Sept. 14 Ohio Courts of Appeals Judges Judicial College Courses Sept. 13 Association (OCAJA) Fall judicialecademy.ohio.gov Probation Officer Training Program: Conference Introduction to Offender Behavior Member Judges Management Columbus Sept. 7 Probation Officers Guardian ad Litem Toledo Pre Service Course Sept. 15 & 16 Guardians ad Litem Ohio Judicial Conference Boardman/Youngstown Sept. 20 Annual Meeting Probation Officer Training Program: Judges Introduction to Cognitive Behavioral Columbus Probation Officer Training Program: Interventions ohiojudges.org Introduction to Cognitive Behavioral Probation Officers Interventions Akron/Fairlawn Probation Officers Sept. 27 – 30 Dayton/Beavercreek Ohio Association of Municipal/ Sept. 21 County Court Clerks Supervisor Series Member Clerks Sept. 7 - 9 Court Supervisors Columbus Court Management Program (CMP): Columbus oamccc.org Education, Training & Development 2017, Level II Columbus Sept. 22 Sept. 28 – 30 Supervisor Series Ohio Association of Magistrates Court Supervisors (OAM) Fall Conference Sept. 8 Columbus Member Magistrates Acting Judge Course: Avoiding Columbus Potential Minefields Judges, Magistrates Sept. 23 ohiomagistrates.org Street Smart on Drugs & Acting Judges Probation Officers Strongsville/Cleveland Columbus Sept. 9 Abuse, Neglect & Dependency Sept. 27 Fundamentals of Adult Course Web Conference Guardianship Course - Judges & Magistrates BROADCAST Adult Guardians, Laypersons, and Professionals Broadcast to various Ohio sites CNO REVIEW • SEPTEMBER 2016 • 11

Probation Officer Training Program: Oct. 7 Sept. 20 Introduction to Offender Behavior Criminal Rules by the Numbers: Juvenile Chief Deputy Clerks Management Part IV Rural Courts Probation Officers Judges & Magistrates Columbus Columbus Sept. 22 Domestic Relations Administrators Sept. 28 Juvenile Traffic Course All Counties Guardian ad Litem Continuing Web Conference Education Course: Report Writing Judges & Magistrates Guardians ad Litem Sept. 29 Toledo/Perrysburg Sex Offender Management Juvenile Chief Deputy Clerks 1 p.m. to 4:30 p.m. Probation Officers Midsized & Urban Courts Columbus Sept. 29 Oct. 4 Guardian ad Litem Continuing Juvenile Courts, Title IV-E Education Course: Report Writing All Counties Guardians ad Litem Dispute Resolution Toledo/Perrysburg Training Oct. 6 8:30 a.m. to Noon Probate Court Administrators sc.ohio.gov/JCS/disputeResolution & Clerks Oct. 4 Midsized & Rural Courts Probation Officer Training Program: Sept. 7 - 9 Introduction to Motivational Elder Mediation Training Interviewing Columbus Probation Officers Dayton/Beavercreek Sept. 19 & 20 Miscellaneous Domestic Abuse Issues Training for Oct. 5 Mediators & Other Professionals Sept. 18 & 19 Adult Guardianship Continuing Columbus Ohio Center for Education Course: Guardian of the Law-Related Education Estate - BROADCAST Law & Citizenship Conference Sept. 21 Dublin Adult Guardians, Layperson Parenting Coordinators Roundtable oclre.org & Professional Teleconference Broadcast to various Ohio sites 8:45 a.m. to Noon Sept. 22 & 23 and 1 p.m. to 4:15 p.m. Ohio Prosecuting Attorneys Association Fall Training Guardian ad Litem Continuing Local Court Roundtables Cleveland sc.ohio.gov/JCS/roundtables.pdf Education Course: Substance Use ohiopa.org Guardians ad Litem Independence NOTE: All meetings are at the Thomas J. 1 p.m. to 4:30 p.m. Moyer Ohio Judicial Center in Columbus

Oct. 6 Sept. 15 Guardian ad Litem Continuing Juvenile Administrators Education Course: Substance Use Midsized & Rural Courts Guardians ad Litem Independence Sept. 16 8:30 a.m. to Noon General Division Administrators Urban Courts 12 • SEPTEMBER 2016 • CNO REVIEW

Former Ohio Supreme Court Justice Dowd Dies at 87 Former Justice David D. Dowd Jr., who briefly served on the Ohio Supreme Court in the early 1980s, died on Aug. 4 at the age of 87. Dowd served for five months after his appointment by Gov. James Rhodes to replace Justice Thomas M. Herbert, who had resigned. According to his official court biography, Dowd lost the 1980 general election to Clifford F. Brown to serve a full six-year term on the Court. It was a close vote: Dowd lost by 35,594 votes out of more than 3 million cast. After completing his term on the Court on Jan. 1, 1981, Dowd returned to private practice until his appointment by President Ronald Reagan to the U.S. District Court for the Northern District of Ohio in 1982. He served on the federal bench for 32 years. Born on Jan. 31, 1929, Dowd held a bachelor’s degree from the College of Wooster and a law degree from the University of Michigan Law School. He was no stranger to public office, having served as a Fifth District Court of Appeals judge, Stark County prosecutor, and Massillon City councilman. He and his wife, Joyce, raised four children: Cindy, David, Doug, and Mark. CNO Legislative Lawrence County Judge Bowling Dies Nearly four years after learning he had ALS, Lawrence County Common Pleas Court Judge D. Scott Bowling, 50, who founded the Digest medical mission trip organization Jeremiah 38 Ministries with his wife, Donna, died on July 31. Each month, Court News Ohio Appointed to the bench in 2007 by then-Gov. Ted Strickland, Review tracks bills and resolutions Judge Bowling was elected in 2008 and re-elected in 2014. He pending in the Ohio General began his professional career as a medical technologist, working at Assembly that are of interest to a southern Ohio hospital before attending law school. In 1997, he the judicial community. received his law degree from Capital Law School and practiced law for 10 years in Ironton before his judicial appointment. HB 590, Rep. John Becker Amyotrophic Lateral Sclerosis – better known as Lou Gehrig’s (R-Cincinnati) disease – is a motor neuron disease characterized by rapidly To provide that a concealed progressive weakness where the motor nerves die, followed by handgun licensee who carries the loss of muscle function. ALS affects the arms, hands, legs, a handgun concealed on or in breathing, swallowing, and speech. There is no cure. property on which carrying a Judge Bowling chronicled the spiritual lessons he learned concealed handgun is prohibited after his diagnosis in his 2015 book “Does God Want Me Dead?: A is subject to removal, but is Biblical Perspective on Pain, Suffering, Disease, and Death.” not guilty of a violation of the The book’s “About the Author” section describes the ministry, prohibition unless the licensee which was founded in 2010. fails to leave the premises upon “The ministry’s objectives are to come alongside and help request, that a licensee who fails foreign missionaries and foreign national pastors. Typically, to leave upon request or returns Jeremiah 38 Ministries will organize and take short-term medical with a firearm within thirty days is mission trips, working with these missionaries and pastors, in guilty of disorderly conduct, and an effort to evangelize and provide basic health care in several that a private property owner who developing countries. Scott and Donna have traveled on more chooses to prohibit firearms on than 15 short-term missionary journeys. The destinations include the property is not immune from Honduras, Peru, Nicaragua, China, and Mexico, providing liability if a related injury occurs. assistance and support to more than two-dozen missionaries and/ or foreign national pastors. Also, Jeremiah 38 Ministries provides STATUS: Introduced in the House assistance to youth in Southern Ohio through various outreach on Aug. 16, 2016. and mentoring programs.”