SEVENTH DISTRICT: Jury Should Determine if Christian Camp Body Cameras, Drones Present New Can Fire Employee for Moving In with Her Boyfriend (p.3) Challenges for Media and Courts (p. 4)

November 2015

Author Recounts U.S. Supreme Court Justice Thurgood Marshall's PASSION FOR THE LAW 2 • NOVEMBER 2015 • CNO REVIEW

About Court News

Court News Ohio is a service of the Office of Public Information of the and Ohio Government Telecommunications. the November Issue Court News Ohio includes a website Inside (courtnewsohio.gov), a monthly print publication (CNO Review), a television program (CNOTV), 3 Cases a Facebook page (facebook. Amendment to Wrongful Imprisonment com/courtnewsohio), a Twitter Statute Applies Retroactively feed (@courtnewsohio), and a YouTube channel (youtube.com/ CourtNewsOhioTV). 4 Happening Now Domestic Relations and Juvenile Forms Content is produced and edited Now Translated in Five Languages by the Public Information staff with video production assistance from the staff of Ohio Government Telecommunications. The views 6 Cover Story expressed in CNO content do Author Recounts U.S. Supreme not necessarily reflect those of Court Justice Thurgood Marshall’s the justices of the Supreme Court Passion for the Law of Ohio, and the justices do not exercise direct editorial control over the content. 8 On the Bench Mahoning County Judge and Community Submissions can be e-mailed to Partners Attend Program in Nation’s Capital [email protected] or sent through the U.S. mail to: 9 Rule Amendment Summary Court News Ohio Comments Requested for Proposal 65 S. Front Street to Repeal Traffic Rule 10th Floor Columbus, Ohio 43215 10 The Agenda A free monthly subscription to the Dec. 3: Judicial Candidates Seminar CNO Review can be requested by e-mail or U.S. mail, or by calling 614.387.9250. 12 Legislative Digest Compilation of Bills and Resolutions Introduced by the facebook.com/courtnewsohio of Interest to the Judicial Community

@courtnewsohio youtube.com/CourtNewsOhioTV CNO REVIEW • NOVEMBER 2015 • 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 one man and attempting to murder Courts of Appeals six other people in Springfield. The Amendment to Wrongful Court affirmed Dean’s convictions Seventh District: Jury Should Imprisonment Statute Applies and imposition of the death penalty Determine if Christian Camp Can Retroactively on Oct. 27. Dean was indicted on Fire Employee for Moving In with two counts of aggravated murder, A Hocking County man released from Her Boyfriend six counts of attempted murder, and prison after spending six years on death several other crimes, including firearm A jury should consider whether the row had his hopes of being declared specifications. The jury convicted Dean leaders of a Christian youth leadership wrongfully imprisoned revived by on all charges, and the court imposed development program and sports camp the Supreme Court on Oct. 28. Dale the death penalty. However, on appeal, broke a promise by firing an employee Johnston, who was convicted in 1984 the Supreme Court concluded in 2010 after she and her boyfriend moved in for the murders of his stepdaughter that he did not receive a fair trial from together, the Seventh District Court and her fiancé, seeks compensation an impartial judge, and the Court of Appeals ruled on Oct. 2. The court from the state for his imprisonment. On reversed the decision and ordered a reversed a Jefferson County Common behalf of a unanimous Court, Justice new trial. At that trial, a second jury Pleas Court decision finding that Terrence O’Donnell wrote that a 2003 found Dean guilty on all charges, and Brightway Center, Inc. was within its right amendment to the state’s wrongful he was sentenced to death. On Oct. 27, to terminate Jennifer Trehar after her imprisonment law expanding the the Court reviewed and rejected each of boyfriend moved in with her because it definition of a wrongfully imprisoned the 15 arguments presented in Dean’s objected on religious grounds. Writing individual applies retroactively, thus appeal. Writing for the Court, Justice for the appellate court, Judge Gene allowing claims to be brought based Judith Ann Lanzinger reviewed the Donofrio wrote that while Ohio is an on procedural errors made after errors Dean claimed occurred at trial “at-will” employment state that allows a sentencing even though an earlier because of the admission of irrelevant job to be terminated for any reason not wrongful imprisonment claim asserting evidence. But given the extensive contrary to law, promissory estoppel is actual innocence had been rejected. evidence of Dean’s guilt, the impact of an exception to the rule. In Trehar’s Johnston’s convictions were overturned any irrelevant evidence was minimal case, Judge Donofrio noted that clear after he went to prison because the and did not affect the outcome of the promises can either be statements that state failed to disclose some potentially trial, the Court concluded. Justice were made or silence when the person important evidence to the defense and Lanzinger also addressed a claim ought to speak out. He ruled that because witness testimony refreshed by that the jury received an improper there is evidence that Brightway Chief hypnosis was improperly admitted. The instruction about “transferred intent” Executive OfficerDaryle Griffin should Court ruled that Johnston was permitted related to the attempted murders of have spoken up when information to file a second claim for wrongful those who were not injured. The jury was presented and “his silence can be imprisonment because the 2003 asked the court during deliberations construed as a promise that no adverse amendment applies retroactively and whether it mattered if the victims were employment action would come as a he was able to show a post-sentencing the intended target. “We hold that that result of her move.” The Seventh District procedural error. The decision reverses the doctrine of transferred intent was cautioned that by remanding the case to the Tenth District Court of Appeals’ properly applied to the attempted- the trial court, it was not indicating that judgment on that issue, but the case murder charges,” Justice Lanzinger Trehar proved Brightway promised not to now returns to the appeals court wrote. “Attempted murder, like murder, fire her for moving in with her boyfriend. for review of the state’s other legal requires a purpose to kill. The victims Trehar v. Brightway Ctr. arguments that had been declared moot of the transferred intent are readily 2015-Ohio-4144 by that court. identifiable because they were standing Johnston v. State on the porch or seated in the front Slip Opinion No. 2015-Ohio-4437 seat of the car. A showing of harm is unnecessary since the ‘intent is what is transferred, not the harm.’ … Thus, we Springfield Man’s Convictions and hold that the trial court’s instruction Death Sentence Upheld was proper.” After a four-day crime spree in 2005, State v. Dean Jason Dean was convicted of killing Slip Opinion No. 2015-Ohio-4347 4 • NOVEMBER 2015 • CNO REVIEW

Domestic Relations and Juvenile Forms Now Translated in Five News and Notes from Courthouses Across the Buckeye State Languages To benefit limited English proficient Body Cameras, Drones Present New Ohioans, the Supreme Court translated more than two dozen Challenges for Media and Courts domestic relations and juvenile forms he rapidly growing public and media interest in newsworthy events in five additional languages. The captured by drone aircraft and police-worn body cameras comes as translated forms allow parties to have policy makers, courts, and the press hash out the legal and ethical a better understanding of court cases issues involved with new technology, said experts in the field talking to involving children and families. T a gathering of Ohio legal and media professionals on Oct. 16. Besides English, the forms are Nearly 80 percent of the nation’s police agencies are considering using body now available in the most-used cameras, including many in Ohio. State lawmakers and local law enforcement languages in Ohio, including agencies are starting to deal with issues such as access to the footage, protecting Spanish, Russian, French, Chinese, privacy rights of those recorded, and how police departments will organize and Arabic. When individuals need and retain the footage, said Jonathan Peters, chairman of the Ohio State Bar a domestic relation form in one of Association (OSBA) Media Law Committee as he led a session to kick off the these languages, they can click on OSBA’s 2015 Law & Media Conference. “Select Another Language” on the Former Ohio Department of Rehabilitation and Correction Director forms page (sc.ohio.gov/JCS/CFC/ Reginald Wilkinson reminded the group that body cams are just the DRForms). There, they will find both latest iteration of law enforcement video use, and the science and policies a Word document and PDF file in the surrounding best use of the technology will evolve with time. Wilkinson, now a languages. consultant with his own firm, Connecting the Dots, LLC, was named to lead a Stephanie Graubner Nelson, the panel by Ohio Attorney General Mike DeWine on law enforcement training that Supreme Court’s Children & Families was assembled in response to recent officer-involved shootings in the state. Section manager, said having the Wilkinson said public demand for body cams is borne for a need to improve forms translated into different police interactions with the community and build trust. He cautioned that while languages allows all courts across the video from stationary sources has been helpful, including solving the Boston state to use the same standardized Marathon bombings, all video has its shortcomings and hashing out how it will forms for those who don’t speak be most effective from the law enforcement and public’s point of view will take English as their first language. time. “The Supreme Court of Ohio “I hesitated on whether I would say this, but a lot is going to be decided is working on all fronts, Domestic through case law,” he said. Violence, Children and Families, and Jeffrey Clark, assistant Ohio attorney general in the Constitutional Offices Language Services to make justice Section, advises local law enforcement and state agencies on the public record accessible for all the families in the aspects of police video. He said there are several exemptions to the state’s public State of Ohio,” Chief Justice Maureen records law that can keep much of body cam video out of public view. However, O’Connor said. he said it’s been his experience that once a trial is over, a plea is accepted, a These forms are in addition to the grand jury has taken action, or a case is closed, police and prosecutors have Language Services Program Forms been prompt in turning video over to the media. He expects that to continue. Translation Project that made 27 One key issue raised by panelists is the right to protect the privacy of citizens common court forms available in five caught on police cameras. Unlike most of the video taken today that is in languages, including Arabic, Chinese, public areas, body cams will be used in private homes where citizens have an Russian, Somali, and Spanish. expectation of privacy. These forms are recommended to To address privacy concerns, Adam Marshall, legal fellow at the Reporters be used by parties to enhance their Committee on Freedom of the Press based in Washington, D.C., noted that in understanding of legal information recent weeks, body camera manufacturers have developed software that allows and to advance the work of court police to blur out sensitive materials, such as the faces of bystanders or personal interpreters by allowing them to identification information throughout the police interaction. provide the same precise information Marshall said states are moving ahead with laws governing the use of body to everyone. cams, with some going as far as to make the footage completely confidential.

Story continues on p. 11 CNO REVIEW • NOVEMBER 2015 • 5

FREE CLE OPPORTUNITY

Court of Claims to Present Crime Victims Compensation Seminar The Ohio Court of Claims has jurisdiction to hear appeals from victims making a claim to the Ohio Victims of Crime Compensation Program. Last year, nearly 80 appeals were filed. The Court of Claims will host a free seminar for attorneys, victims’ advocates, and the general public to learn more about the program and the appeals process. The seminar will be Tuesday, Dec. 15, at the Thomas J. Moyer Ohio Judicial Center, and has been approved for four hours of general continuing legal education credit. Capital Law Students Watch Professional Registration details are available at www.ohiocourtofclaims.gov. Misconduct Hearing at School For first-year law school student, The students heard a Columbus Andrew Tinn, watching a Supreme attorney explain to the board panel Court Board of Professional why he didn’t think he improperly ELECTION DAY IS Conduct disciplinary hearing at his withdrew from representing his NOVEMBER 3, 2015 school on Oct. 15 was inspiring. client. His client, who was hit by a Polls are open from “It’s just an enriching experience, car while he was crossing the street, 6:30 a.m. to 7:30 p.m. just seeing both parties make their also claimed his attorney failed to arguments and seeing how an actual communicate with him in regard to courtroom works, and it honestly timely re-filing his lawsuit. is a great experience to see what’s “It makes me think how one’s expected in the future for me as a due diligence is crucial and 1L,” Tinn said. paramount to one’s own practice The board held a disciplinary of how an individual handles every hearing at a law school for just the single one of their cases and every second time since 2012. Usually single case must be handled with the judges and attorneys charged with most amount of care,” Tinn said. professional misconduct have their Heidi Dorn, counsel to the cases heard at the Thomas J. Moyer board, said observing the hearing Ohio Judicial Center in Columbus. in action gives students a better Capital University Law School understanding of ethics in the legal students were able to watch the setting, which she hopes means they three-judge hearing panel and see won’t end up before the disciplinary what happens during a discipline board someday. Ohio Supreme Court Hosts hearing. “The more knowledge students Midwest Chief Justices “I think many of our students have and the more understanding State supreme court chief justices, associate come here and they’ve seen lawyers of the ethics rules, I think the justices, and administrators from 10 states on TV and they kind of know what better lawyer they’re going to be attended a regional meeting on October criminal litigation looks like, but because they’ll have that and can hit 15-16 at the Thomas J. Moyer Ohio Judicial beyond that, they don’t have a lot of the ground running verses trying Center in Columbus. The Conference of Chief experience with the legal system,” to learn it after they’ve made a Justices and the Conference of State Court Administrators of the Midwest region met Rachel Janutis, Capital University mistake,” Dorn said. to discuss current issues, including policy Law School interim dean, said. Dorn said the board would like to implications of police body cameras, trends “This gives them an opportunity to continue to promote ethics with its in judicial campaign ethics, and equal access kind of understand those rules of outreach efforts and hold hearings to justice. In addition to Ohio, other states represented at the meeting were Illinois, Indiana, professional responsibility a little bit at other law schools across the state. Kansas, Minnesota, Missouri, Nebraska, North more deeper and in a little bit more Dakota, South Dakota, and Wisconsin. meaningful way.” 6 • NOVEMBER 2015 • CNO REVIEW

Author Recounts U.S. Supreme Court Justice Thurgood Marshall’s Passion for the Law

“History can be a little tricky,” best-selling author and Columbus native Wil Haygood told a gathering of more than 150 central Ohio high school students at the Ohio Supreme Court.

elating the tense 1967 confirmation hearings of RThurgood Marshall to become the first African-American on the U.S. Supreme Court required a few tricks Haygood relayed a portion of the look at that. That’s what we do. That’s from Haygood. letter to the students. democracy. That’s how it works. Haygood veered off his book-signing “It has been made quite clear which You write a letter. You can influence tour on Oct. 20 to speak at a special side you are on,” she wrote. “We all someone.” high school edition of the Supreme know why you and the other southern It was the fight for justice and the Court’s Forum of the Law lecture series. senators don’t want him to be on the civil rights of people like Ross that He wanted an opportunity to relate to Supreme Court, and it’s not because drove Marshall to achieve what he did, students parts of his life story and that of the Constitution. It’s because of the author said. He was “just a simple of Marshall’s captured in his new book, the color of his skin. Stop covering student” in high school when he started Showdown: Thurgood Marshall and the up behind some excuses. Chances are to gain a passion for the law. Supreme Court Nomination that Changed that the nomination will be turned When introducing Haygood to America. down. But we hope and pray that you the students, Chief Justice Maureen Haygood said that for nearly a will open up your heart and let all the O’Connor recounted that as a young century prior to Marshall’s nomination, hatred out and let Mr. Marshall’s record man, Marshall was probably more well no Supreme Court confirmation speak for itself. Color doesn’t make known for his sense of humor than hearing lasted more than four hours. the person, Senator. It is character that for his academics. He first learned the Marshall’s hearing lasted five days as a makes the man.” Constitution in high school, but not as bloc of Southern segregationist senators Haygood said he recently called the result of an AP or honors class. worked fervently to thwart President the Texarkana county clerk in hope of “You see, when Marshall got in Lyndon B. Johnson’s nomination of locating Ross’ heirs, assuming she was trouble for something he did at school, Marshall, a famed civil rights attorney an older, prominent member of the he was made to memorize parts of the and federal judge, who at the time community. Constitution,” she said. “Evidently, was serving as the U.S. Department of He was surprised to reach Ross he got in more than a little trouble Justice’s solicitor general. herself, who told him that she was an because by the time he graduated One sharp critic of Marshall’s 18-year-old college student when she high school at 16, he knew the entire appointment was Sen. John McClellan wrote that letter. Even though she Constitution by heart.” of Arkansas. While doing research for was warned by professors not to write Bringing Haygood to the Court was his book, Haygood came across a letter because she might get into trouble, part of a program designed to help sent to Sen. McClellan from Texarkana, Ross told Haygood she did it anyway students understand the impact the Ark., resident Barbara Ross. When Ross because she felt so compelled to let her Court and the judicial system has on determined McClellan was going to voice be heard. their lives. vote against Marshall’s confirmation, “She wasn’t far removed from she typed him a letter. your age,” he told students. “So just “I recognize that many of you CNO REVIEW • NOVEMBER 2015 • 7

if you get a bad grade on a test ask that just really stands out to me that Author Wil Haygood answers students’ your teacher if you can make it up overwhelming concept of the truth,” questions during a special edition of the or something. Second chances are she said. Supreme Court's Forum on the Law lecture important, so you've got to ask,” he She found the message Haygood series on Oct. 20. said. delivered through Marshall’s story Haygood went on to tell the inspiring. students it was Marshall’s mother who “Everyone can be something great. I aren’t sure what we do here, or how drilled the Constitution into him as think this really proves it, and it’s such it impacts you. Yet each year, in this punishment, and she worked hard to a good example of it,” she said. very courtroom, the justices of this get him into law school, Haygood said. Taking questions from the students, Court decide all kinds of cases that When the Baltimore native learned Haygood was asked what he thought have direct impact on your daily lives,” that the University of Maryland law Marshall would say about the world she said. “This Court has decided school would not accept African- today. things like whether the police need a American students in the 1930s, he “I think he would be very happy search warrant to search your smart went to the Howard University School that we showed the world something phone and whether you are treated of Law in Washington, D.C., where he about racial fairness when we elected as a juvenile or as an adult when the graduated at the top of his class. Law [President] Obama in 2008. I think police allege you committed a crime. It firms weren't hiring African-American now the first family has been a model has decided everything from whether candidates, so he began working at of leadership and citizenship for the schools can tell you what to wear, to the NAACP and prompted them to whole world, and that was quite a whether teachers can discuss religious found the NAACP Legal Education and history, civics lesson,” he said. “I think beliefs with you, to whether you can Defense Fund. he would be disappointed about some be stopped and frisked. And it will “Marshall fell in love with the of the things happening on the social continue to decide cases that will have Constitution, fell in love fighting in front. There are too many people very real consequences to all of you.” the court system. He loves students, in jail for minor crimes and that we As Marshall may not have focused books, and he loved brave people who should be finding other ways to help on a career in law while in high school, were just brave for a righteous cause,” these people.” Haygood too did not always dream of Haygood said. When asked why he chose to a career as a writer. In high school, he As an NAACP and private attorney, write about Marshall, Haygood said said, his love was basketball. He told Marshall won 29 of the 32 cases he he writes about people he likes and the teens he came to hang out with argued before the U.S. Supreme Court. would like to have a conversation them and to show off his jumpshot Some of his cases were landmark with. He is the author of several books form (which he demonstrated with a decisions that outlawed racial including the best-seller The Butler: A smooth upward motion and a limp- discrimination in voting in national Witness to History, which was adapted wrist follow-through). election primaries, and the removal of into an award-winning movie. He is When asked by a student if “he deed restrictions preventing African- a former Pulitzer Prize-nominated was any good” as a player, Haygood Americans from owning homes in newspaper reporter whose career confessed he was good enough to be certain neighborhoods. His most included 30 years with The Boston Globe on the team, but not a star. He took the famous victory was the Brown v. Board and The Washington Post. Haygood opportunity to talk about trying out for of Education decision ending “separate reported first-hand on the release the basketball team at Miami University but equal” segregated schools. of Nelson Mandela after 27 years of and getting cut. He shared that when Haygood said Marshall was driven imprisonment, was taken hostage by he asked the coach for a second by a love of justice and was not afraid Somalian rebels while covering the chance, he was told to come to practice of the negative consequences he faced war there, and spent 33 straight days that night. The coach told Haygood for seeking it out. reporting from New Orleans post- that if he was cut a second time, to “In Marshall’s mind, the truth needs Hurricane Katrina. never knock on his door again. no defense. Equality is important. The Forum on the Law was “After practice, the coach said, ‘I Opportunity is important,” he said. established in 2009 by the late Chief want everyone back tomorrow.’ I asked The concept of “the truth needs no Justice Thomas J. Moyer as an ongoing the coach if that meant me, too. He defense,” struck a chord with Marie lecture series. Events feature regional said, ‘Didn't I say everybody?’” Pendley, a senior at Big Walnut High or national speakers who address Haygood said he learned an School who attended the lecture. contemporary or historic legal topics. important lesson: Ask for a second “That really stuck out to me chance when you need it. because there have been so many “I was proud to have asked for a times in history where truth really second chance. Life is about second does need defense and you know chances, but only if you ask for it. So Marshall defended the truth … and 8 • NOVEMBER 2015 • CNO REVIEW

Mahoning County Judge and Community Partners Attend Program in Nation’s Capital ahoning County Juvenile Court Judge Theresa Dellick was among a group who attended the Georgetown University School-Justice Partnership Certificate Program in MWashington, D.C. on Sept. 28 – Oct. 2. The School-Justice Partnerships Certificate Program is a professional development opportunity providing school and district staff, court professionals, law enforcement, and other child-serving community leaders with the knowledge and understanding necessary to address the immediate and long-term needs of students known to, or at risk of entering, the juvenile justice system. The program’s goals are to promote an ongoing engagement in school among youth at risk, re-engage students who have been disconnected, and improve academic outcomes for all. “We are very fortunate to have been selected from a large list of applicants to participate in this program,” Judge Dellick said. “It has become more evident to me and the entire juvenile justice system that the best and most productive efforts for our children’s future are those that divert juveniles away from any involvement with the justice system and to staying in school. This certificate program provides an incredible learning opportunity with the additional benefit of having an extensive group of valuable resources available to the team.” The Mahoning County team included representatives from the Youngstown City School District, the Mahoning County Mental Health and Recovery Board, and the Youngstown/Warren Regional Chamber. Participants received instruction from national experts on cutting-edge ideas, policies, and practices from across the country focused on the development of systems that take a holistic approach to the educational process. As part of the program, participants are required to develop and submit a Capstone Project, a set of actions designed to initiate or continue information sharing reform efforts. After the Capstone Project is developed and approved by Georgetown University, participants are offered technical assistance from instructors to aid in the implementation of their projects. Judge Dellick and her partners were able to attend the training with funding from House Bill 153 and the Ohio Department of Youth Services.

PICTURED, LEFT TO RIGHT: Dr. Milton Walters, assistant superintendent, Youngstown City Schools; Jennifer Whittemore, superintendent, Mahoning County High School; Duane Piccirilli, executive director, Mahoning County Mental Health and Recovery Board; Nick Santucci, manager, Education & Workforce Development, Youngstown/Warren Regional Chamber; Larry Ellis, president, Youngstown Education Union; Shay Bilchik, director of Georgetown University Center for Juvenile Justice Reform; Joseph McGeorge, executive director, Warriors, Inc.; Chief William Morvay, chief of security, Youngstown City Schools; and Judge Theresa Dellick, Mahoning County Juvenile Court. CNO REVIEW • NOVEMBER 2015 • 9

Cleveland Judge Honored for

Leadership to End Domestic Judicial Candidates: Required Seminar Dates Announced Violence Ohio judicial candidates who seek election in 2016 must attend a campaign practices seminar and will have their first opportunity to satisfy this requirement on Dec. 3. The Ohio Supreme Court Board of Professional Conduct has scheduled six seminars for judicial candidates. Those wanting to run for judicial office next year, including incumbent judges, must attend one of the seminars as set forth by Rule 4.2(A)(4) of the Code of Judicial Conduct. The free, two-hour program covers the ethics rules governing political and campaign activity by judicial candidates. The seminar includes information about campaign conduct, standards, communications, solicitations and contributions, and campaign finance reporting and disclaimers. Ohio Domestic Violence Network Executive Director “The judicial campaign seminars foster a greater understanding Nancy Neylon (left) and Elsa Croucher (right) present of and compliance with the requirements of the Code of Judicial Cleveland Municipal Court Judge Ronald Adrine with the 2015 Croucher Family Award for Outstanding Leadership. Conduct that are applicable to judicial candidates,” Rick Dove, board director, said. “The seminar presentations focus on rules The Ohio Domestic Violence Network (ODVN) that are unique to judicial campaigns and address questions that on Oct. 7 presented Cleveland Municipal Court frequently are asked by judicial candidates.” Judge Ronald Adrine with the 2015 Croucher The Dec. 3 session will occur in conjunction with the Ohio Family Award for Outstanding Leadership. Common Pleas Judges Association meeting, but Dove noted that The event in the Statehouse Atrium kicked off it’s open to all 2016 candidates. Judicial candidates are encouraged Domestic Violence Awareness Month. to bring their campaign chairperson, volunteers, and treasurer to Judge Adrine was selected for his the seminar they attend. commitment to ending domestic violence. All Ohio judges are elected to six-year terms. In 2016, there will The award honors Tina Croucher and her be elections for the Ohio Supreme Court, appeals courts, common parents Elsa and Tim. Tina was murdered by pleas courts, and county courts. an abusive ex-boyfriend, and the Crouchers For a complete listing of sessions, visit: sc.ohio.gov/Judiciary/ created a dating-abuse program and worked candidates/notices/notice2016.pdf. Contact the Judicial College at to pass the “Tina Croucher Act” that requires 614.387.9445 for more information or questions. Ohio public school districts to incorporate and address dating violence in their policies and programming. First elected to the municipal court bench in 1981, Judge Adrine has served on local and Rule Amendment Summary national domestic violence boards and chaired A summary of select significant rule amendments the effort to bring a Family Justice Center to proposed or enacted by the Ohio Supreme Court Cleveland to assist victims. He also lectures extensively on domestic violence issues and co- . The Ohio Supreme Court requests public comment authored the reference volume Ohio Domestic Traffic Rule by Nov. 12 on a proposal to repeal Ohio Traffic Rule 16. Traf.R. 16 Violence Law. states that the Code of Judicial Conduct applies to all judges and Domestic Violence Awareness Month mayors, but the code defines a judge as “a lawyer who is authorized evolved from the “Day of Unity” held in to perform judicial functions within a court…” Because the rule October 1981 and conceived by the National doesn’t apply to non-lawyer mayors, who conduct a mayor’s court, Coalition Against Domestic Violence to connect the Ohio Supreme Court’s Board of Professional Conduct has no advocates across the nation who work to end jurisdiction of the non-attorney and, therefore, the traffic rule violence against women and their children. can’t be enforced. The Commission on the Rules of Practice and ODVN was created in 1989 to support Procedure in Ohio Courts recommends repealing the entire rule, and strengthen Ohio’s response to domestic which also gets rid of the sentence: “It shall be the obligation of violence through training, public awareness each mayor to conduct his court and his professional and personal and technical assistance, and to promote social relationships in accordance with the same standards as are change through public policy. required of judges of courts of record.” 10 • NOVEMBER 2015 • CNO REVIEW

The

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

Dec. 1 – 3 Ohio Clerk of Courts Association Judicial College Courses Guardian ad Litem Continuing Winter Conference judicialecademy.ohio.gov Education Course: Psychiatric Columbus Disorders in Children occaohio.com Guardians ad Litem Nov. 10 Cincinnati Dec. 2 – 4 Probation Officer Training Program: 8:30 a.m. – Noon Ohio Common Pleas Judges Professional Communication Association (OCPJA) Winter Probation Officers Nov. 18 & 19 Conference Toledo/Perrysburg Court Executive Team Seminar, Part II Member Judges Judges & Court Personnel Columbus Nov. 13 Columbus Criminal Procedure for Acting Judges, Dec. 3 & 4 Judges & Magistrates (3 of 4) Ohio Association of Juvenile Nov. 19 Acting Judges, Judges & Magistrates Fundamentals of Adult Guardianship Court Judges (OAJCJ) Winter Dayton/Beavercreek Course – Professionals Conference Adult Guardians Member Judges Paternity, Custody & Child Support Columbus Columbus Web Conference Judges & Magistrates Probation Officer Training Program: Ohio Prosecuting Attorneys Professional Communication Association Annual Meeting Probation Officers Columbus Nov. 17 Guardian ad Litem Continuing Columbus ohiopa.org Education Course: Psychiatric Disorders in Children Guardians ad Litem Nov. 20 Pretrial Services in Ohio: Cincinnati Past, Present and Future 1 p.m. – 4:30 p.m. Judges, Magistrates & Court Personnel Columbus Probation Officer Training Program: Introduction to Offender Skill Building Probation Officers Dec. 1 Akron Guardian ad Litem Pre-Service Course (9 of 9) Guardians ad Litem Nov. 18 Columbus 2015 Probate Web Conference Judges & Magistrates Probation Officer Training Program: Introduction to Offender Behavior Fundamentals of Adult Guardianship Management Course – Laypersons Probation Officers Adult Guardians Dayton/Beavercreek Columbus CNO REVIEW • NOVEMBER 2015 • 11

BODY CAMS: Continued from p. 4 “Some states are exempting them Dec. 2 Supreme Court of Ohio completely and some states are Fundamentals of Adult Guardianship sc.ohio.gov focusing on privacy issues. I would Course – Laypersons say the majority are focused on Adult Guardians privacy,” Marshall said. Akron Nov. 16 Wilkinson said the demand Bar Admissions Ceremonies for body cams represents a citizen Ohio Theatre demand for more transparency and Dec. 3 Columbus accountability from law enforcement. Fundamentals of Adult Guardianship 10:30 a.m. and 2 p.m. Course – Professionals Watch live video stream at sc.ohio.gov Jim Siegel, statehouse reporter Adult Guardians for , reiterated Akron Deadline for Application to Register that point and said Ohio media as a Candidate for Admission to the outlets will continue to be interested Judicial Candidates Seminar Practice of Law in obtaining body cam footage, Judicial Candidates (For applicants in the second year especially in high-profile police Columbus of law school) encounters. 3:45 p.m. – 5:45 p.m. “From the media perspective, Nov. 17 this is going to be one more public Oral Arguments record we are going to be fighting Dispute Resolution about,” he said. Training Privacy issues were raised also sc.ohio.gov/JCS/disputeResolution Dec. 1 & 2 Oral Arguments during discussions about drones. Panels discussed the potential Nov. 12 & 13 legal issues regarding the use of Parenting Coordination drones and how recent Federal Columbus Ohio Center for Aviation Administration regulations Law-Related Education govern media outlets using footage Dec. 1 oclre.org obtained by drones. Even if rules Using Emotional Intelligence permit media outlets from obtaining to Resolve Disputes Nov. 17 & 18 footage, news providers still must Columbus Ohio Government in Action consider traditional laws from Columbus invasion of privacy and trespassing Dec. 2 to wiretap statutes depending on the Roundtable for video and audio capabilities of the Court-Connected Mediators drones. Columbus Alex Bongiorno, news director for WCPO-TV in Cincinnati, said she is already developing a list of MORE WAYS TO GET ways the station could use drones Language Services    in news coverage. She was told to Training 5 be prepared to have a discussion sc.ohio.gov/JCS/interpreterSvcs twitter.com/courtnewsohio with the station’s legal counsel on all the potential ramifications of Nov. 14 those usages before they begin using Introduction to Court Reporting facebook.com/courtnewsohio drones for stories. Akron The conference drew a record TV attendance of attorneys, judges, ohiochannel.org Dec. 4 & 5 professional journalists, student Orientation Training journalists, and educators. Other for Written Exam youtube.com/CourtNewsOhioTV panels included accessing public Columbus records; defamation and libel;    reporting on courts; and building courtnewsohio.gov a bench-bar forum where media, lawyers, judges, and law enforcement can candidly discuss effective justice reporting in their communities. 12 • NOVEMBER 2015 • CNO REVIEW

HB 11, Rep. Andy Brenner STATUS: Introduced in the House on (R-Powell); Rep. Margaret Ann March 17, 2015, and referred to the Ruhl (R-Mt. Vernon) House Judiciary Committee. Passed To create a domestic relations division the House on May 19, 2015 (96-1). of the Delaware County Court of Referred to the Senate Criminal Common Pleas, to create a judgeship Justice Committee on May 27, 2015. Its for that division, to require payments second committee hearing was Oct. 7, to retired assigned judges under 2015. certain specified circumstances, and to declare an emergency. HB 359, Rep. Mike Duffy STATUS: Introduced in the House (R-Worthington); Rep. Anne on Jan. 28, 2015. Passed the House Gonzales (R-Westerville) on March 17, 2015 (93-0). Passed To create the address confidentiality the Senate on Sept. 23, 2015 (33-0); program for victims of domestic amended to include an emergency violence, menacing by stalking, human clause (33-0). House concurred with trafficking, trafficking in persons, rape, Senate amendments on Sept. 30, sexual battery and other crimes. 2015 (90-0) and concurred with the emergency clause (88-0). Signed by the STATUS: Introduced in the House and Governor on Oct. 19, 2015. Effective referred to the House Government immediately. Accountability & Oversight Committee on Oct. 6, 2015. Its first committee hearing was Oct. 20, 2015. HB 56, Rep. Kirk Schuring (R-Canton); Rep. Stephen Slesnick SB 139, Sen. Bill Seitz (D-Canton) (R-Cincinnati); Sen. Sandra CNO Legislative To limit the use of criminal records in Williams (D-Cleveland) the hiring and employment practices To require the clerk of a common of public employers. pleas court to retain a copy of the original trial file when a death Digest STATUS: Introduced in the House on Feb. 10, 2015, and referred to penalty is imposed, to specify that Each month, Court News the House Commerce & Labor there is no page limit on petitions for postconviction relief in death penalty Ohio Review tracks bills Committee. Passed the House on Sept. 30, 2015 (89-1). Referred to the Senate cases or in appeals of denials of such and resolutions pending in State & Local Government Committee relief, to modify the time for filing the Ohio General Assembly on Oct. 7, 2015. Its first Senate an amended postconviction relief committee hearing was Oct. 20, 2015. petition in death penalty cases, to that are of interest to the provide for depositions and subpoenas judicial community. during discovery in postconviction HB 123, Rep. Greta John relief proceedings in death penalty (D-Akron); Rep. Robert Cupp cases, and to require a judge hearing (R-Lima) a postconviction relief proceeding in a To change the time for notification death penalty case to state specifically of an alibi defense in a criminal in the findings of fact and conclusions case, to allow the court in a felony of law why each claim was either case to impose community control denied or granted. sanctions without a presentence Introduced in the Senate investigation report upon agreement STATUS: on April 6, 2015, and referred to the of the defendant and the prosecutor, Senate Criminal Justice Committee. and to request the Supreme Court to Passed the Senate on Oct. 7, 2015 modify Criminal Rule 32.2 to allow (32-0). Photo courtesy of the the court in a felony case to impose Photo Archive community control sanctions without a presentence investigation report upon agreement of the defendant and the prosecutor.