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CNO Review January 2016 Edition

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CNO Review January 2016 Edition Supreme Court Orders Release of Key-Card- Schools Awarded Grants to Swipe Data from Cuyahoga County (p.3) Visit Ohio 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 Supreme Court of Ohio 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 Ohio General Assembly 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. facebook.com/courtnewsohio @courtnewsohio youtube.com/CourtNewsOhioTV 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.
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