Supreme Court Orders Release of Key-Card- Schools Awarded Grants to Swipe Data from Cuyahoga County (p.3) Visit Judicial Center (p. 6)

January 2016

RENEWED JUSTICE Transformations are underway as many Ohio courthouses construct more functional facilities or look to restore grand century-old monuments for the modern era. Story on p. 4. 2 • JANUARY 2016 • CNO REVIEW

About Court News Ohio

Court News Ohio is a service of the Office of Public Information of the and Ohio Government Telecommunications. the January 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. Death Penalty Will Not Be Imposed com/courtnewsohio), a Twitter on Hamilton County Man feed (@courtnewsohio), and a YouTube channel (youtube.com/ CourtNewsOhioTV). 4 Cover Story Renewed Justice Content is produced and edited by the Public Information staff with video production assistance from the staff of Ohio Government 6 Happening Now Telecommunications. The views Board of Professional Conduct expressed in CNO content do Re-Elects Leaders not necessarily reflect those of the justices of the Supreme Court of Ohio, and the justices do not 7 Legislative Digest exercise direct editorial control over Compilation of Bills and Resolutions the content. Introduced by the of Interest to the Judicial Community Submissions can be e-mailed to [email protected] or sent through the U.S. mail to: 7 On the Bench Newest Cuyahoga County Common Court News Ohio Pleas Judge Announced 65 S. Front Street 10th Floor Columbus, Ohio 43215 8 The Agenda Jan. 25 – 27: Association of Municipal A free monthly subscription to the & County Judges of Ohio (AMCJO) CNO Review can be requested by Winter Conference e-mail or U.S. mail, or by calling 614.387.9250.

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ON THE COVER: Workers put finishing finishing touches on the front façade of the Columbian building – the soon-to-be new home of the Fairfield County Municipal Court. Photo courtesy of Fairfield County Municipal Court. CNO REVIEW • JANUARY 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 Court Rules in Two South Euclid to the parent unless there is a clear Cases Involving Public Records emergency. Death Penalty Will Not Be On Dec. 2, the Supreme Court ordered In re Contempt of Brewster Imposed on Hamilton County Man the city of South Euclid to provide 2015-Ohio-4984 The Supreme Court set aside the death Emilie DiFranco with any public sentence of Rayshawn Johnson, who records not yet given to her since she murdered his Cincinnati neighbor in first asked for them in September Court of Claims 1997. In a 4-3 decision on 2013. In addition, the Court awarded Dec. 1, Justice Paul E. Pfeifer wrote DiFranco statutory damages of $600 ODOT Settles Nixed Rest Stop that the aggravating circumstances plus costs because the city took an Area Advertising Deal in the case did not outweigh the unreasonable amount of time to The Court of Claims on Nov. 30 mitigating factors beyond a reasonable produce many of the records. The approved a $170,000 settlement doubt. He described the cumulative Court also ruled in a separate case in between the Ohio Department of effect of multiple mitigating which DiFranco alleged the city had Transportation and two northern factors, including Johnson’s ill-fated acted frivolously in responding to Ohio advertising firms, which alleged childhood, which when considered another public-records request. The ODOT backed out of a deal to provide together made a sentence of death Court rejected that claim. inappropriate. Johnson’s case was exclusive advertising at 10 roadside State ex rel. DiFranco v. S. Euclid rest areas and welcome centers. ODOT before the Court for a second time Slip Opinion No. 2015-Ohio-4914 because a federal court ordered agreed to pay Triad Communications, State ex rel. DiFranco v. S. Euclid Inc. of Cuyahoga Falls $125,000 and a new mitigation hearing after Slip Opinion No. 2015-Ohio-4915 concluding that Johnson’s lawyers gave SFC Graphics of Toledo about $45,400 him ineffective counsel during the to settle a complaint for breach of contract. The companies alleged the sentencing phase of his trial. Courts of Appeals contract gave them exclusive rights to State v. Johnson the market and to sell advertising at Slip Opinion No. 2015-Ohio-4903 Eighth District: Prosecutor, the rest areas, create large advertising Social Worker Not in Contempt displays, and launch a website to solicit for Failing to Obey Magistrate’s advertisers to use the areas. After the Court Orders Release of Key- Illegal Order companies installed the equipment, Card-Swipe Data from Cuyahoga the Ohio Division of Travel and County A Cuyahoga County juvenile court was wrong to hold a county social Tourism and the Ohio Development The Supreme Court issued a writ worker and assistant county prosecutor Services Agency complained to ODOT of mandamus on Dec. 9 to compel in contempt for failing to remove a that it previously “closed” advertising Cuyahoga County to release key- child from a home in a manner that at those sites. ODOT then agreed to card-swipe data documenting when is not allowed by law, an Ohio appeals allow the agencies to solicit advertising former county executive Edward court ruled. The Eighth District Court too. The companies claimed the FitzGerald entered and exited county of Appeals on Dec. 3 reversed the divisions then contacted the advertisers parking facilities and buildings. In contempt-of-court-ruling and $100 using the new displays and instructed a 4-3 decision, the Court concluded fines against Amy Bond, a Cuyahoga them to use the travel and tourism that while the records sought by the County Department of Children and department ad program instead. Ohio Republican Party were “security Family Services social worker, and SFC Graphics Inc. records” exempt from release at the Cuyahoga County Assistant Prosecutor v. Ohio Department of Transportation time of the request, circumstances have Laura Brewster. The court scolded Case No. 2015-00684 changed and there is no longer any the magistrate holding the two in Triad Communications, Inc. basis to withhold the key-card-swipe contempt for failing to follow a prior v. Ohio Department of Transportation data. Eighth District ruling, which did not Case No. 2015-00575 State ex rel. Ohio Republican Party allow an order to immediately remove v. FitzGerald a child from a home without notice Slip Opinion No. 2015-Ohio-5056 4 • JANUARY 2016 • CNO REVIEW

renewed justice

any of the state’s original but displays formal touches — dark Courthouses Held Prominent Place courthouses were constructed woodwork, archways, and pillars — that are for Early Residents Min the late 1800s or early 1900s. common sights in traditional courthouses. According to the state’s County Some of these architectural treasures The space includes a main courtroom and Commissioners Association, 69 Ohio have fallen into disrepair, and to endure, a separate space for a magistrate, plus a courthouses have been listed on the they often require steep investments. designated jury room. The full and well-lit national register, which identifies historic Ohio’s court officials have grappled with a basement has made it possible to centralize properties worthy of preservation. In dilemma — renovate or build new? the court’s files, which used to be housed a video presented at the Ohio County In Madison County, officials embraced in three separate areas, including an attic, Courthouses Symposium in May 2014, both approaches — create a home for the Terpening said. Not only was it difficult to then-Judge Charles Steele of Van Wert municipal court in downtown London and get a good view of the records in the attic’s County explained that courthouses became preserve and renovate the nearby 125-year- dim lighting, “you also had to deal with the community centers when built. He said old majestic courthouse. In a Columbus birds flying around,” she noted. that local residents relied on court clock Dispatch article, Judge Eric Schooley said Judge Schooley described the new towers to tell time because they didn’t own the century-old structure exhibits water space as “functional and efficient.” “This watches and they looked to courthouse dripping down the walls, mold clinging one serves its purpose — providing access weather vanes to gauge the wind. to the ceilings, and cracks damaging the to justice — and that’s as it should be,” he Bob Parrott of Union County echoed floors. Privacy for attorneys and clients told the Dispatch. that the “temples of justice” served was hard to come by because space in the Now the county’s commissioners as symbols of the county government courtroom was so tight. Juries had varied plan to begin renovations of the older established as pioneers settled in the area. locations for deliberations over the years. courthouse, which is included on the The video points out that the monuments Most recently, they gathered in a small National Register of Historic Places and helped create a civic identity and tone, meeting area outside the judge’s office to still home to the common pleas court and and supporters of restorations believe the decide cases. several other city offices. TheMadison Press buildings can foster a connection to that Late last summer, the municipal court’s reported that county commissioners plan history for people today. operations and employees moved to a to tackle the project section by section, top newly constructed one-story brick building to bottom. Courts Explore Varied Solutions across the street. Tammy Terpening, the Like Madison County, Delaware County municipal court’s clerk and a longtime has also opted to start from scratch while court employee, said the facility is modern, preserving the old. County officials CNO REVIEW • JANUARY 2016 • 5

Learn More About Ohio's Courthouses

Ohio Government Telecommunications is in the midst of producing mini-documentaries that showcase each of the state’s 88 county courthouses. Last month, videos highlighting the courthouses in Auglaize, Fayette, and Meigs counties debuted. The series focuses on each building’s unique history and distinctive features. The videos can be viewed at OhioChannel.org.

Curious about the Ohio Supreme Court? Check out the 30-minute documentary exploring the transformation of the former Ohio Departments Building in Columbus to the home of the state’s highest court. Built in 1933, the once unused building was rescued by former Chief Justice Thomas J. Moyer and restored to its former glory. The award-winning “Justice Finds a Home,” released in 2014, is also available at OhioChannel.org.

Maintenance and Repairs Ongoing at Numerous Courthouses razed a building to construct a new In Lancaster, county and court Other courts in the common pleas court. According to officials decided to revive a historic state have devoted ThisWeek newspapers, construction of building for the Fairfield County dollars to fix crumbling the Delaware County Judicial Building Municipal Court. In late February or or damaged parts of is expected to begin in early 2016 early March, the court expects to leave their courthouses. with an anticipated completion in its city hall offices for the renovated Winds damaged summer 2017. Envisioned is a three- Columbian, which was a department delicate architectural features of both story building spanning 82,000 square store for many decades. In November, the Athens County Courthouse in 2014, feet above two levels of parking. a turret designed to mirror an earlier and the Logan County Courthouse in The Delaware Gazette reported the version was set atop the 19th-century 2012. Last November, scales were architects plan a design that reflects the brick structure. returned to the outstretched arm of surrounding buildings and storefronts Last summer, Licking County’s Lady Justice atop the Athens building, and has a modern look with touches commissioners announced plans to and workers spent hours to precisely of Italianate architecture in certain renovate its 139-year-old courthouse, place the restored clock tower on the features. Once the common pleas court the Dispatch reported. The two-year courthouse in Bellefontaine. relocates, the county expects to restore project set to start this year will replace After about a year of repairs, a and expand the current 140-year-old windows, restore the exterior, and restored copper dome and white clock facility for the juvenile and probate replace the roof, among other fixes. tower were unveiled last October at courts. the Wyandot County Courthouse, Seneca County chose to start fresh. famous because one of its courtrooms The prior courthouse, built in 1884 appeared in the movie The Shawshank PICTURED ABOVE, FAR LEFT: In the and torn down in 2012, will be the site coming months, the Fairfield County Municipal Redemption. Restorations continue for a rebuilt common pleas court, the Court will leave its city hall offices for the with a spring celebration expected, Toledo Blade reported. Tiffin’s municipal renovated Columbian building (pictured when according to the Toledo Blade. court may also be headquartered at purchased in 2012). CENTER: Finishing the new location. The proposed joint touches are in the works at the new site of the Butler, Coshocton, Hancock, and justice center is slated at 36,000 square Fairfield County Municipal Court. RIGHT: The Wayne counties have also been undergoing various renovations, feet and four stories. The county new home of the Madison County Municipal Court sits across from the street from the among others. commissioners think construction original, century-old court building. Photo will begin sometime in the spring or Credit: Dean Shipley, The Madison Press. summer. 6 • JANUARY 2016 • CNO REVIEW

Board of Professional Conduct Re-Elects Leaders

News and Notes from Courthouses Across the Buckeye State

The leaders of the Ohio Supreme Court board that investigates judges and attorneys and conducts hearings about their ethical misconduct were re-elected as the 2016 board chair and vice chair. Cincinnati attorney Paul M. De Marco (left) will again serve as the chair of the Board of Professional Conduct. De Marco has served on the board since 2008. De Marco practices at Markovits, Stock & De Marco, LLC and is an appellate law specialist certified by the Ohio State Bar Association. Serving on the board since 2008, Cleveland attorney William J. Novak was re-elected to serve as the vice chair Schools Awarded Grants to Visit Ohio Judicial Center for 2016. Novak previously served as a member of one of the board’s two probable ager hands went up as a tour guide asked who in the group from cause panels. Novak practices at Novak Lindbergh Elementary School wanted to be a lawyer or a judge. For the 34 Pavlik Attorneys. De Marco’s and Novak’s new one-year Efourth-grade students from Columbus’ area, it was their first visit to terms begin on Jan. 1, 2016. the Thomas J. Moyer Ohio Judicial Center. Lindbergh was one of 60 Ohio schools awarded transportation grants to visit the home of the Ohio Supreme Court and its Visitor Education Center. While the school is just a few miles from the Moyer Judicial Center, teacher Unauthorized Practice Kristine Casper said, “Eighty percent of the students receive free breakfast and of Law Board Selects 2016 lunch. Our kids don’t get the experience to be in a building like this. Being able Leadership to come here will help take the abstract concepts we talk about in class and make them real for the students.” The nearly $20,000 in grants provided by the Thomas J. Moyer Ohio Judicial Center Foundation will allow students from 19 high schools, 14 middle schools, and 27 elementary schools to visit the historic building in downtown Columbus by the end of the school year. Since the transportation grant program started in 2011, more than $76,000 has been awarded to Ohio schools that might not otherwise have been able to afford the field trip. The Ohio Supreme Court board that “The foundation is pleased to be able to provide these grants as a way to investigates the unauthorized practice support the mission of providing opportunities for Ohio students to learn about of law has re-elected its leadership for next year. their court system and the importance of the judiciary and the rule of law in our Robert V. Morris II (left), the society,” said Pierre Bergeron, the foundation’s treasurer. administrative magistrate at the Franklin More than 60 students from Northwest High School in Scioto County recently County Probate Court, will serve a made their first trip to the Moyer Judicial Center with the help of a grant. second year as chair of the Board on “The students were impressed with the building and how well-maintained it the Unauthorized Practice of Law (UPL) and Leo Spellacy Jr., a partner at was, and they liked the car display in the education center about a search-and- Porter, Wright, Morris & Arthur LLP in seizure case,” teacher Craig Havens said of the experience. Cleveland, was re-elected vice chair. The Visitor Education Center features interactive displays designed to Two members are leaving the provide visitors with an understanding and appreciation of the history, role, and board on Dec. 31. John J. Chester responsibilities of the Ohio court system. School tours include a mock trial and Jr., a former UPL board chair and a partner at Taft Stettinius & Hollister LLP a visit to the main Courtroom, which features artwork that portrays the state’s in Columbus, served two terms. Julie history, culture, and commerce. P. Hubler of Hubler & Hubler, LLC of Groups of all ages are encouraged to visit the Moyer Judicial Center, and tours Columbus is leaving after a three-year can be scheduled by emailing [email protected] or calling 614.387.9223. term. CNO REVIEW • JANUARY 2016 • 7

HB 50, Rep. Dorothy Pelanda HB 387, Rep. Louis Terhar (R-Marysville); Rep. Cheryl (R-Cincinnati); Rep. Jonathan Grossman (R-Grove City) Dever (R-Cincinnati) To extend the age for which a person To raise the maximum allowable limit of is eligible for federal foster care and the monetary jurisdiction of small claims adoption assistance payments under divisions of municipal courts. Title IV-E to age twenty-one, to provide a ward's bill of rights, to require that a STATUS: Introduced in the House on guardian receive the Ohio Guardianship Nov. 2, 2015, and referred to the House Guide, and to make an appropriation. Local Government Committee. Sponsor testimony presented during committee STATUS: Introduced in the House and hearing on Dec. 8, 2015. referred to the House Community & Family Advancement Committee on Feb. HB 388, Rep. Gary Scherer 10, 2015. Amended and reported out of committee on Nov. 16, 2015. Passed the (R-Circleville) House on Dec. 1, 2015 (91-2). To authorize a court to grant unlimited driving privileges with an ignition- interlock device to first-time OVI offenders, to expand the penalties HB 123, Rep. Greta Johnson related to ignition-interlock-device (D-Akron); Rep. Bob Cupp violations, to modify the law governing (R-Lima) the installation and monitoring of To change the time for notification of an ignition-interlock devices, to extend alibi defense in a criminal case, to allow the look-back period for OVI and OVI- the court in a felony case to impose related offenses from six to 10 years, and community control sanctions without a to modify the penalties for OVI offenses. presentence investigation report upon agreement of the defendant and the STATUS: Introduced in the House prosecutor, and to request the Supreme on Nov. 5, 2015, and referred to the CNO Legislative Court to modify Criminal Rule 32.2 House Armed Services, Veterans Affairs to allow the court in a felony case to & Public Safety Committee. Sponsor impose community control sanctions testimony presented during committee without a presentence investigation hearing on Dec. 8, 2015. Digest report upon agreement of the defendant and the prosecutor. Each month, Court News Ohio SB 161, Sen. Scott Oelslager Introduced in the House on Review tracks bills and resolutions STATUS: (R-Canton) March 17, 2015, and referred to the pending in the Ohio General House Judiciary Committee. Passed To authorize probate judges to issue Assembly that are of interest to the House on May 19, 2015 (96-1). search warrants. Referred to the Senate Criminal Justice the judicial community. Introduced in the Senate Committee on May 27, 2015. Its third STATUS: on May 12, 2015 and referred to the Senate committee hearing was on Criminal Justice Committee. Passed the Nov. 18, 2015. Photo courtesy of the Senate on June 18, 2015 (33-0). Passed Photo Archive the House on Dec. 9, 2015 (90-0). Awaits the Governor’s consideration.

ON THE BENCH: JUDICIAL APPOINTMENT Former magistrate Matthew A. McMonagle will become a new Cuyahoga County Common Pleas Court judge starting on Jan. 4. Gov. John Kasich named McMonagle to replace former Judge Lance T. Mason, who resigned. McMonagle must win the November 2016 general election to retain the seat for the full term commencing on Jan. 5, 2017. McMonagle most recently served as a partner at Kelley & Ferraro, LLP in Cleveland. He also served as a Rocky River Municipal Court magistrate. McMonagle received his law degree from Cleveland-Marshall College of Law and was admitted to the practice of law in Ohio on Nov. 8, 2004. 8 • JANUARY 2016 • CNO REVIEW

The

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

Judicial College Jan. 21 Fundamentals of Adult Jan. 18 Guardianship Course Courses Fundamentals of Adult Martin Luther Guardianship Course Adult Guardians King Jr. Holiday judicialecademy.ohio.gov BROADCAST (Laypersons) Court Offices Closed Adult Guardians Findlay Jan. 12 (Professionals) Jan. 26 & 27 Probation Officer Training Feb. 4 Oral Arguments Program: Introduction to Fundamentals of Adult Motivational Interviewing Jan. 26 Probation Officer Training Guardianship Course Feb. 3 Probation Officers Adult Guardians Perrysburg Program: Introduction to Laptop Registration for the Motivational Interviewing (Professionals) February 2016 Ohio Bar Probation Officers Findlay Exam closes at 4 p.m. (EST) Jan. 13 Columbus Guardian ad Litem Guardian ad Litem Continuing Education Continuing Education Course: Understanding Jan. 27 Course: Divorce: Ohio Center Child Development Guardian ad Litem The Impact on Children for Law-Related Pre-Service Course Guardians ad Litem Guardians ad Litem Education Columbus Guardians ad Litem Dayton oclre.org 1:00 – 4:30 p.m. Columbus 8:30 a.m. – Noon Judicial Candidates Seminar Feb. 5 Jan. 22 Judicial Candidates High School We the Jan. 14 Probate Judge Course Dayton People State Competition Guardian ad Litem Judges 1:30 – 3:30 p.m. Columbus Continuing Education Columbus Course: Understanding Child Development Feb. 2 Jan. 29 Guardians ad Litem Probation Officer Training Ohio Mock Trial High Columbus Program: Professional Supreme Court School District Competition 8:30 a.m. – Noon Communication of Ohio Probation Officers sc.ohio.gov Jan. 20 Dayton Miscellaneous Probation Officer Training Program: Introduction to Jan. 5 & 6 Jan. 25 – 27 Feb. 3 Oral Arguments Association of Municipal Assessment & Case Planning Guardian ad Litem & County Judges of Probation Officers Continuing Education Ohio (AMCJO) Winter Akron Course: Divorce: Jan. 15 Conference The Impact on Children Late Registration Deadline Columbus Fundamentals of Adult Guardians ad Litem to Register as a Candidate Guardianship Course Dayton for the July 2016 Ohio Bar BROADCAST 1 p.m. – 4:30 p.m. Exam Adult Guardians (Laypersons) Mayor’s Court Quarterly Report Deadline