City’s Drilling Ordinances Clash Supreme Court Unveils New Search Features with State Oil and Gas Law (p. 3) for Opinions & Announcement Web Page (p. 5)

March 2015

Courts Follow in Footsteps of Supreme Court Female Majority Now in its fifth year with four women on the bench, Ohio’s Supreme Court continues its longest consecutive streak with a female majority. Meanwhile, other courts in the state and around the country continue to grow in the ranks of women judges. (See story on page 6). 2 • March 2015 • 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 March Issue Court News Ohio includes a website Inside (courtnewsohio.gov), a monthly print publication (CNO Review), a television program (CNO TV), 3 Cases a Facebook page (facebook. Firearms Charge Does Not Apply to Ottawa com/courtnewsohio), a Twitter Hills Police Officer in On-Duty Shooting feed (@courtnewsohio), and a YouTube channel (youtube.com/ CourtNewsOhioTV). 4 Happening Now Technology Grant Funds for Ohio Courts Content is produced and edited by the Public Information staff with video production assistance from the staff of Ohio Government 6 Cover Story Telecommunications. The views Courts Follow in the Footsteps of Ohio expressed in CNO content do Supreme Court Female Majority not necessarily reflect those of the justices of the Supreme Court of Ohio, and the justices do not 8 On the Bench exercise direct editorial control over New Study Highlights Need for Expanded the content. Voter Information in Judicial Races

Submissions can be e-mailed to [email protected] or sent through 10 Legislative Digest the U.S. mail to: Compilation of bills and resolutions introduced by the Ohio General Assembly Court News Ohio of interest to the judicial community 65 S. Front Street 10th Floor Columbus, Ohio 43215 11 Rule Amendment Summary Supreme Court Adopts Amendments to A free monthly subscription to the Appoint Capital Case Counsel for Indigent CNO Review can be requested by Defendants e-mail or U.S. mail, or by calling 614.387.9250. 12 The Agenda facebook.com/courtnewsohio Ohio Court Reporters Association Annual Conference: March 27-29 @courtnewsohio youtube.com/CourtNewsOhioTV cno review • March 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 gas activities and operations that authorized a receiver for the investors the state has permitted under R.C. to cancel its contract with California Firearms Charge Does Not Apply Chapter 1509.” Gold Marketing Group. California to Ottawa Hills Police Officer in State ex rel. Morrison v. Beck Energy Corp. Gold signed a deal with the treasure On-Duty Shooting Slip Opinion No. 2015-Ohio-485 hunters in 1998 to market and sell what was brought up from the The case of an Ottawa Hills police shipwreck. Investors raised concerns officer convicted of felonious Provision in Gross Sexual about the profitability and desirability assault for shooting a man during a Imposition Statute Found of having California Gold involved in traffic stop returns to the trial court Unconstitutional the next round of coin sales. following a Feb. 18 Supreme Court The Supreme Court ruled on Feb. decision. The court ruled that the Dispatch Printing Co. 11 that part of the state’s gross sexual v. Recovery Ltd. Partnership firearms specification against the imposition law is unconstitutional. 2015-Ohio-381 officer did not apply in his case, The problematic provision mandates the jury instructions misled the a prison term when evidence jury in evaluating the officer’s use Court of Claims other than the victim’s testimony of deadly force, and the trial court corroborates the offense. The should not have excluded testimony Court of Claims: Prison at Fault penalty provision has no rational about crimes the officer believed for Injuries of 80-Year-Old Inmate basis for distinguishing between the victim had committed. In an Who Fell from Bunk cases with or without corroborating opinion written by Justice Terrence evidence – a violation of due process The state prison system is liable for O’Donnell, the court affirmed the protections in the U.S. Constitution, the injuries an 80-year-old inmate judgment of the Sixth District Court Justice Judith Ann Lanzinger wrote suffered when he fell out of the of Appeals. in the court’s majority opinion. In top of a bunk bed in the Hocking State v. White addition, when a defendant pleads Correctional Facility, a Court of Slip Opinion No. 2015-Ohio-492 guilty to gross sexual imposition and Claims magistrate ruled. The corroborating evidence is shown, the Department of Rehabilitation and defendant’s constitutional right to Correction had 14 days to appeal City’s Drilling Ordinances Clash a jury trial is infringed upon when a the Feb. 5 ruling by Magistrate with State Oil and Gas Law court imposes the mandatory prison Robert Van Schoyck that the prison Local drilling and zoning ordinances term, the court determined. should have clearly known about the in Munroe Falls cannot be enforced mental and physical limitations of State v. Bevly octogenarian inmate Roy Buchanan because they conflict with state law Slip Opinion No. 2015-Ohio-475 regulating oil and gas wells and and the risks of assigning him to a operations, the Supreme Court top bunk. Buchanan’s complaint concluded on Feb. 17. The court filed in the Court of Claims was split ruled that a Munroe Falls’ zoning Courts of Appeals into two matters, one determining ordinance and four local laws the liability of the department, and Tenth District: Marketing Firm governing oil and gas drilling are the other the extent of his damages. not an appropriate exercise of the Retains Right to Sell Disputed Van Schoyck only ruled on liability. Shipwreck Treasure city’s home rule powers. The city had Roy Buchanan v. Department obtained a court order stopping Beck A state appeals court ruled on Feb. of Rehabilitation and Correction Energy Corporation from drilling 3 that investors must keep their Case No. 2013-00671 until the company complied with deal with the firm contracted to sell local law. In the Supreme Court’s treasure from an historic shipwreck lead opinion, Justice Judith L. French that is still being recovered from wrote that home rule does not allow a the sea. The Tenth District Court of municipality “to discriminate against, Appeals reversed a Franklin County unfairly impede, or obstruct oil and Common Pleas Court decision that 4 • March 2015 • cno review

News and Notes from Courthouses Across the Buckeye State

Court's Mentoring Program Changing Lives Spencer Kirksey and Noah Mirando are two friends bowling after school. “Oh, my goodness – come on, come on. So close,” Mirando laughs. They’ve only been hanging out since September, but already Kirksey says he’s good pals with 14-year-old Mirando. “He’s really opened up. He was Now Available to Ohio Courts really shy in the beginning, and now it’s like I’m hanging out with one of my buddies,” Kirksey said. rant funds are now available to support local court technology Life threw Mirando a curveball projects that aid in removing barriers to efficient and effective when his mother became sick. administration of justice. “I would get into arguments and G every once in a while I would start The Ohio Supreme Court announced the funds are offered through the Ohio Courts Technology Initiative, and any court of appeals, fighting people and always getting into common pleas court, municipal court, or county court is eligible to trouble, always getting called down to apply. the court, and they said the next time Technology grant funds may be awarded to courts for the following I would be sent to juvi and then foster projects: home,” Mirando said. “I didn’t want to leave because my mom was the only • Connection to Ohio Courts Network one I looked up to – she was the only parent in the household. She was the • Electronic transfer of final disposition data to the only one I could count on, and I didn’t Computerized Criminal History database want to leave her. I wanted to always • Minor upgrade to an existing case management system stay by her side.” With his mother now in a nursing • Upgrade to network infrastructure home and his older brother working • Additional or replacement software or hardware 12-hour shifts to keep the rest of his • Upgrade to or purchase of technology equipment family in their apartment, Mirando needed a healthy outlet to express his • Purchase and installation of new or additional self-service anger and he needed a friend. kiosks for jurors, litigants, or probationers. So every week Kirksey and Mirando Specific examples include security checkpoint screening equipment, meet up and hang out for a few hours. cameras in the courtroom, and electronic case document filing. The two met though the Delaware Review of applications and selection began March 1, 2015, and County Juvenile Court’s T.E.A.M. applications will be accepted and reviewed on an ongoing basis through Mentoring Program. The program the end of the business day on May 15, 2015. started in 1999, but didn’t become part Details about the grants, including instructions on how to apply, are of the Delaware County Juvenile Court available online. Questions? Contact Colleen Rosshirt, Case Management until a year later. Patty Cram took over Counsel, at [email protected]. the program in 2003, and she said it’s flourished ever since.

Story continues on page 11. cno review • March 2015 • 5

Supreme Court Unveils New Search Features Legal Misconduct Complaints for Opinions & Announcement Web Page Increased in 2014 A nearly 33 percent increase in The Ohio Supreme Court on Feb. 11 unveiled an easier-to-use Opinions & misconduct complaints against Ohio Announcements Web page with greater search capability. lawyers and judges is among the Website users search the Opinions & Announcements page for highlights in the Board of Professional Supreme Court, Court of Claims, and appeals court opinions as well as Conduct annual report. Supreme Court motion and procedural rulings, case announcements, and The board, formerly the Board administrative actions. of Commissioners on Grievances & With the enhancements, users can search for specific topics or issues Discipline, notes a significant increase in such as mandamus actions, attorney discipline matters, or expedited new cases for the year in its 2014 annual election cases. Other new features enable users to search court decisions by report to the Ohio Supreme Court. There county, case number, and author. Many of these categories were available were 109 new filings, up from 82 in 2013. for display by columns on the old Opinions & Announcements page, but The three-commissioner hearing users could not search for them and filter out other information. panels conducted 45 hearings throughout Attorneys may find useful the added ability to search a Supreme Court the year, certified 53 reports to the opinion by the citation, which encompasses the number of the bound Supreme Court with recommendations volume containing the published opinion and its page number in the for sanctions, and disposed of 84 cases. bound volume. There were 73 pending active cases at the In addition, searching by the designated Supreme Court WebCite end of the year. number is now more convenient. Users simply plug in the year and “The annual report of the Board of WebCite number – on either side of the word “Ohio” – and click search. Professional Conduct documents the Different from the case number assigned by the clerk’s office, the reporter’s work of the volunteer commissioners office assigns each opinion, case announcement, or administrative action to fairly and promptly adjudicate with a unique WebCite number to differentiate them from all others. disciplinary cases and provide To access the Opinions & Announcements page, click on the Opinions recommendations to the Supreme & Announcements button on the right-hand side of the Supreme Court Court,” Board Director Richard A. Dove home page at www.sc.ohio.gov. said. “The annual report also illustrates the efforts of the board staff to promote a greater understanding of and compliance with the ethical standards applicable to Supreme Court Hires New Director members of the Ohio bench and bar.” of Legal & Policy Affairs Other report highlights included: The Ohio Supreme Court welcomed Craig Mayton • Updated disciplinary rules and as its new Chief Legal Counsel and Director of Legal regulations & Policy Affairs on Feb. 9. Mayton leads the newly formed office within • Four formal advisory opinions the Supreme Court and supervises the positions issued of Senior Policy & Research Counsel, Government Relations Counsel, • Responses to approximately Criminal Justice Policy & Research Counsel, and staff attorney. 2,000 requests for advice from “I am honored to have the opportunity to serve the Supreme Court lawyers, judges, and judicial of Ohio,” Mayton said. candidates Prior to working at the court, Mayton spent eight years at the Ohio attorney general’s office, including four years as the first assistant • 15-percent reduction in attorney general and three years with the State Employment Relations operating expenses, bringing Board. He also served as chief legal counsel to the state auditor. He the total reduction to more than most recently served in private practice and was chairman to the Ohio $287,000 in the past three years. State Bar Association’s Access to Justice Committee. “Craig brings a wealth of knowledge and experience in the legal The board is composed of 28 volunteer commissioners appointed by the Supreme Court. profession and his hire attests to the high standards we have here at The commissioners include judges, lawyers, and the Supreme Court,” Chief Justice Maureen O’Connor said. “He’s a members of the public. In addition to disciplinary dedicated public servant, and we are grateful for his service.” hearings, the board also conducts educational Mayton received his bachelor of arts in Russian Studies from programs on ethics for judges, lawyers, and judicial the University of Maryland and his law degree from The Ohio State candidates. University Moritz College of Law. 6 • March 2015 • cno review

the increase in women on the bench, she noted that women are applying for federal judicial positions and running for election in state judicial races in higher numbers than in the past. “It is possible that women are Courts Follow in Footsteps of Ohio seeking out judicial positions in part because women are not advancing Supreme Court Female Majority in firms as quickly as they might like,” she said. “Alternatively, women Now in its fifth year with four women on the bench, Ohio’s may be more comfortable putting Supreme Court continues its longest consecutive streak with a themselves out there and taking their female majority. Meanwhile, other courts in the state and around career advancement into their own hands.” the country continue to grow in the ranks of women judges.

Ohio’s Women Fare Better in the High Court Most notably, Ohio women are outpacing the federal courts at the n January, Arkansas became the attorneys. Judge Bowman refers to Supreme Court level. Of the 112 ninth state to have a female majority a quote from Dina Refki, executive justices in U.S. Supreme Court on its highest court, joining Ohio, director of the Center for Women history, only four have been women, California, Wisconsin, Washington, in Government & Civil Society at beginning with the appointment IMaryland, New York, North Carolina, University at Albany-SUNY, when of Justice Sandra Day O’Connor in and the Texas Court of Criminal noting ways the legal system benefits 1981. Appeals (Texas has two courts of last from the diversity of its judges. Ohio’s first female justice, resorts, one civil and one criminal). “When we see more judges Florence Allen, was elected in 1922. That’s an increase from seven in 2014. who look like us, it inspires trust, She was the first woman in the The District of Columbia’s highest credibility and confidence in the United States elected to a court of court also has a female majority. judicial system,” Refki said. “We feel last resort. Allen held several “firsts” Including the all-women Ninth more confident that this system of in her illustrious career, including District Court of Appeals, five of justice is representative. We have trust being the first woman elected to Ohio’s 12 appellate districts now that these judges will be fair, because a judicial office in Ohio, the first have women majorities - the Seventh, the system is ‘of the people.’” woman assistant county prosecutor Eighth, Tenth, and Eleventh. As the In the past six years, the number of in the nation, and the first woman nation celebrates Women’s History active female federal judges increased appointed to a federal appeals court. Month, the National Women’s Law from 25 percent to 32 percent. The She retired as chief judge of the Center notes that nearly 50 percent of National Women’s Law Center says Sixth District Court of Appeals in law school students are now women, despite the record number of women 1959. and the number of women in the appointed to the federal bench in Compared to the four total and judiciary is on the rise nationally. recent years, the federal courts still three present on the U.S. Supreme “Whether we are talking about have a long way to go in reaching Court, Ohio has had 10 women (four gender diversity or racial/ethnic gender equality. present) among the 156 justices to diversity, a diverse judiciary enhances In Ohio, where judges are elected, serve on the state’s highest court. public confidence and benefits the or appointed then stand for election, Chief Justice Maureen O’Connor judiciary itself,” said Magistrate Judge 30 percent of the 705 active judges won election as Ohio’s first woman Stephanie K. Bowman of the U.S. are women. There are presently 17 chief justice in 2010, and she is now District Court Southern District of judicial vacancies in Ohio courts. in her 12th year on the court. Ohio in Cincinnati. Judge Bowman said the judiciary The march toward prominence Judge Bowman is the immediate is doing better than the larger law from the first woman justice to first past president of the Ohio Women’s firms in recognizing the value of woman chief justice was a long one. Bar Association whose mission having women in leadership roles. Following Florence Allen, 50 years is to promote the leadership, And while it’s impossible to point to passed before another woman sat advancement, and interest of women one specific thing contributing to on the Ohio Supreme Court bench. cno review • March 2015 • 7

Women on the Bench

U.S. OHIO Supreme Court Supreme Court Ohio is one of NINE states with a female majority on TOTAL the highest court. Female 4 10 Justices out of 112 out of 156

6 8 11 CURRENT 9 Female 3 4 3 Justices out of 9 out of 7 7 5 First Female 2 10 Justice 12 1 4

of Ohio's 12 appellate 1981 1922 Sandra Day Florence of Ohio's active districts have women O'Connor Allen 30% judges are women 5 majorities. First Female Chief Justice

4 women 31 women 115 women 61women ---- 3 men men men men 37 276 178 2011 Maureen O'Connor Ohio Supreme Ohio's 12 Ohio Common Ohio Municipal Court District Courts Pleas Courts & County courts of Appeals

Justice Blanche Krupansky was elected Justice Resnick left at the end of her women judges from about 25 percent to in 1981 and served until 1983. Justice term on Jan. 1, 2007. 30 percent. became the third The Supreme Court’s current The state has a variety of court woman justice when she joined the longest sustained period with a female structures within its 88 counties, and court in 1989. majority began in January 2011, when Ohio now has a majority of women The pace of women joining the Yvette McGee Brown was appointed to judges in two types of courts. Among court picked up in the 1990s, and has the seat vacated by Justice O’Connor, the 30 standalone domestic relations gained steam ever since, as Justice when she won election as chief justice. common pleas court judges, 19 (63 Deborah Cook joined in 1995, and Not quite two years later, Sharon L. percent) are women, and in the 15 Justice Evelyn Lundberg Stratton took Kennedy defeated Justice McGee combined common pleas domestic a seat in 1996. In 2003, the court saw Brown in the 2012 general election, relations/juvenile courts, 10 (67 its first female majority when Justice and Judith L. French was appointed to percent) are women. The standalone O’Connor was elected, and joined Justice Lundberg Stratton’s seat after juvenile court is evenly split 10-10 Justices Cook, Lundberg Stratton, and she retired at the end of 2012. Justices between men and women. Resnick on the bench. Kennedy and French were elected to The next closest in gender equality The first 4-3 gender split lasted six-year terms in 2014. are the 12 Ohio District Courts only a few months as Justice Cook was of Appeals, where the margin has appointed to the U.S. Sixth Circuit narrowed to 37 males and 31 females Court of Appeals in May 2003. When Gaining Momentum (46 percent) with one vacancy. The Justice Judith Ann Lanzinger became in the Lower Courts largest gender divide in Ohio is among the seventh woman justice in 2005, Success for women on the ballot the municipal and county courts. Of the the court again experienced a female continues in the Buckeye State. In the 239 active judges, 61 (26 percent) are majority, which lasted two years until past year, Ohio’s judiciary increased in women and 13 seats are vacant.  8 • March 2015 • cno review

New Study Highlights Need for Expanded Voter Information in Judicial Races

he biggest reason Ohioans courts. Associated marketing and the importance of our three co- say they don’t vote for communications efforts will raise equal branches of government, Tjudges is because they awareness of the existence of and to instilling public trust don’t know enough about the the website and the method for and confidence in our judiciary, candidates. These and other judges and judicial candidates said Martin E. Mohler, OSBA results from a survey of more than to submit their information to president. “This joint effort we 1,000 registered Ohio voters were populate the site. are undertaking to inform citizens discussed on Jan. 29 at the annual In speaking out on the issue about judicial candidates and the Associated Press Legislative over the past two years, Chief positions they seek goes a long Preview by Ohio Supreme Court Justice O’Connor has expressed way toward fulfilling these goals Chief Justice Maureen O’Connor. concern that in some elections and will provide a substantive, The survey, which was more than a quarter of the meaningful, and independent conducted in October 2014 by the electorate skips voting for judges source of information for Ohio Ray C. Bliss Institute of Applied who are listed near the bottom of voters.” Politics at the University of Akron, the ballot. Another survey statistic found focused on the drop-off in votes About half of the 2014 survey that 45 percent of registered cast in judicial races. admitted not voting in judicial voters say that a non-partisan Chief Justice O’Connor elections. guide to judicial elections would partnered with Bliss, the Ohio “Judges make decisions daily be “very helpful.” State Bar Association, the League that impact the lives and liberties “For 95 years, the League of Women Voters of Ohio, and of Ohioans,” Chief Justice of Women Voters has worked the Ohio Newspaper Association O’Connor said. “We are doing a to provide voters with the to better educate Ohioans disservice to Ohio voters when information they need to make about judges to increase voter they tell us we are not getting informed choices about their participation. them the information they need government,” said Nancy G. Scheduled to launch in time to make an informed choice. Brown, LWV of Ohio president. for the November 2015 election, That’s why we want to supply “We are delighted to work with the partners will use the survey voters with comprehensive and the Chief Justice, Bar Association, results to build a one-stop-shop quality information about judges and Bliss Institute to bring judicial voter education website and emphasize that it’s important Ohioans information they want containing information on all to vote for judges.” on how to select our state judges. individual judicial candidates in “The Ohio State Bar We are particularly pleased to see all jurisdictions, an explanation of Association has a longstanding the survey results that voters find what judges do, and descriptions commitment to civics education, the professional background of about the duties of different to helping Ohioans understand judges to be the most important cno review • March 2015 • 9

Judicial Appointments Gov. recently appointed the following judges to fill vacancies:

C. Chris Amato James F. Long Columbiana County Kettering Municipal Court Municipal Court Long was appointed to Amato began his replace Judge Thomas service on Feb. 2. M. Hanna, effective He must win in the November Feb. 5. He must win in November 2015 election to retain his seat for 2015 to retain his seat for the the remainder of the unexpired remainder of the unexpired term, term, which ends Jan. 1, 2020. He which ends Dec. 31, 2017. replaced Judge Carol A. Robb, who was elected to the Seventh District Court of Appeals. James H. Hewitt Cleveland Municipal Court Hewitt began his Marianne T. service on March 1. Hemmeter He replaced Judge thing to know, far above the Delaware Municipal Court Anita Laster Mays, who was elected political party affiliation, as the Hemmeter began her to the Eighth District Court of League supports a nonpartisan judgeship on Feb. 17. Appeals. Hewitt must win the judiciary.” She replaced Judge David Gormley, November 2015 election to retain The judicial voter website is who was elected to the Delaware his seat for a full term commencing one part of the chief justice’s County Common Pleas Court. on Jan. 1, 2016. three-point plan to reform judicial She must win the November 2015 elections in Ohio. The other election to retain her seat for the aspects include moving judicial remainder of the unexpired term, J. Curtis Werren elections to odd years and judicial which ends Jan. 1, 2020. Canton Municipal Court candidates to the top of the Werren took over ballot, as well as increasing the as judge in Canton qualifications to serve as a judge. Jill Flagg Lanzinger on Feb. 9 for Judge Barberton Municipal Court “The results are revealing as Stephen F. Belden, who resigned. to why voters are not voting for Flagg Lanzinger took Werren must win in November other candidates lower on the over as judge on 2015 to retain the seat for the ballot, such as judges, and an Feb. 19, replacing remainder of the unexpired term, overwhelming majority say they Judge Todd M. McKenney, who which ends Jan. 1, 2018. don’t know enough about the was elected to the Summit County candidates,” said John C. Green, Common Pleas Court. She must win in November 2015 to retain Laura M. DiGiacomo director of the Bliss Institute and a Ashtabula Municipal Court Distinguished Professor in Political her seat for the remainder of the DiGiacomo became Science. “Our task now will be to unexpired term, which ends on judge on Feb. 17 when take what we’ve learned in this Dec. 31, 2017. she replaced Judge survey of 1,067 registered voters Albert Camplese, who was elected and develop accessible material to Curtis E. Kissinger to the Ashtabula County Common help all Ohioans become better Hamilton County Pleas Court, Probate and Juvenile informed about judicial candidates Municipal Court Divisions. DiGiacomo must win and thus increase participation in Kissinger began his in the November 2015 general judicial elections.” appointment on Feb. election to retain the seat for the Access the survey from the Bliss 9. He replaced Judge Russell J. remainder of the unexpired term, website at uakron.edu/bliss/. Mock, who was elected to the First which ends Dec. 31, 2019. District Court of Appeals. Kissinger must win in November 2015 to retain his seat for the remainder of the unexpired term, which ends on Jan. 2, 2018. 10 • March 2015 • cno review

HB 10, Rep. Jim Butler Guardianship Guide, and to make an (R-Oakwood) appropriation. To provide transparency in contracts Status: Introduced in the House between the state and private on Feb. 10, 2015, and referred to attorneys. the House Community & Family Advancement Committee. Status: Introduced in the House on Jan. 28, 2015, and referred to the House Government Accountability & Oversight Committee. The first HB 57, Rep. Ron Maag hearing was Feb. 17, 2015. (R-Lebanon) To change the sentence for aggravated Companion Bill: SB 38, Sen. Bill Seitz murder. (R-Cincinnati) Status: Introduced in the House on Feb. 11, 2015, and referred to the HB 11, Rep. Andy Brenner House Judiciary Committee. Its first (R-Powell); Rep. Margaret Ann hearing was Feb. 17, 2015. Ruhl (R-Mt. Vernon) To create a domestic relations division HB 59, Rep. Jack Cera (D-Bellaire) of the Delaware County Court of To increase to 10 years the mandatory Common Pleas and to create a prison term for a person who is judgeship for that division. convicted of a felony and who possessed a firearm while committing Introduced in the House Status: the felony, if the person displayed or on Jan. 28, 2015, and referred to the brandished the firearm, indicated House Judiciary Committee. Its first CNO Legislative possession of it, or used it to facilitate hearing was Feb. 17, 2015. the felony or if the firearm was an automatic firearm or was equipped with a muffler or silencer. Digest HB 24, Rep. Wes Retherford (R-Hamilton); Rep. Mike Dovilla Status: Introduced in the House on Each month, Court News (R-Berea) Feb. 11, 2015, and referred to the To revise the laws governing the House Judiciary Committee. Its first Ohio Review tracks bills provision of adult protective services. hearing was Feb. 17, 2015. and resolutions pending in Introduced in the House the Ohio General Assembly Status: on Jan. 29, 2015, and referred to the HB 64, Rep. Ryan Smith that are of interest to the House Judiciary Committee. The first (R-Bidwell) judicial community. hearing was Feb. 17, 2015. To make operating appropriations for the biennium beginning July 1, 2015, and ending June 30, 2017, and to HB 50, Rep. Dorothy Pelanda provide authorization and conditions (R-Marysville); Rep. Cheryl for the operation of state programs. Grossman (R-Grove City) To extend the age for which a person Status: Introduced in the House on is eligible for federal foster care Feb. 11, 2015, and referred to the and adoption assistance payments House Finance & Appropriations under Title IV-E to age 21, to provide Committee. The first hearing on the budget bill was Feb. 12, 2015. Photo courtesy of the a ward’s bill of rights, to require Ohio Statehouse Photo Archive that a guardian receive the Ohio cno review • March 2015 • 11

Rule Amendment Summary SB 15, Sen. Joe Uecker A summary of select significant rule (R-Loveland); Sen. Keith Faber amendments proposed or enacted (R-Celina) by the Ohio Supreme Court To require the Department of Rehabilitation and Correction, by Dec. 15, 2015, to study the feasibility Capital Case Counsel for Indigent Defendants of converting an existing facility into Appointment Rules a substance abuse recovery prison and Under new rules that took effect Feb. 1, the Supreme Court altered to specify that the General Assembly some qualifications required for court-appointed attorneys who seek is to consider expanding the pilot appointment by a court to represent indigent defendants in capital program for medication-assisted cases. Attorneys who wish to be appointed by a court to represent treatment for drug offenders. indigent defendants in capital cases must apply for certification from the Commission on Appointment of Counsel in Capital Cases. To be Status: Introduced in the Senate on Feb. 2, 2015, and referred to the certified by the commission as trial lead counsel, trial co-counsel, or Senate Government Oversight & appellate counsel, attorneys must meet certain qualifications and possess Reform Committee. specific practice experience. The rule changes address both trial lead counsel and co-counsel qualifications.

SB 44, Sen. Joe Schiavoni (D-Boardman) To allow the enforcement of child MENTORING PROGRAM | Continued from page 4. car seat, booster seat, and seat belt “The first year it just went ‘boom, Kirksey liked the program so requirements as a primary offense boom,’” Cram laughed. much he’s now in his second year and to repeal a provision of law that T.E.A.M. stands for “Together mentoring. declares that the failure of an operator Everyone Achieves More,” and for “I wanted to keep going with of a motor vehicle to secure a child Cram that means pairing at-risk the program because I liked what in a car seat, in a booster seat, or with youth with mentors from across the it stood for and helping out the a seat belt is inadmissible in certain county. community,” Kirksey said. “I enjoy criminal proceedings. “They have some problems my time with Noah. It doesn’t feel somewhere along the line – that’s like I’m volunteering. It feels like Status: Introduced in the Senate on why the school, or even parents, I’m just hanging out with a friend.” Feb. 11, 2015. wants them in the program,” Cram And Mirando likes the activities said. they do and knowing that he can At the program’s beginning most count on Kirksey to be there in his SJR 1, Sen. Keith Faber (R-Celina) mentors were adult community life. To establish the Public Office members. Now Cram said most “I love hanging out with Compensation Commission. of the T.E.A.M. mentors are from Spencer,” Mirando said. “He takes Ohio Wesleyan University. The me places. He’s like a big brother to Status: Introduced in the Senate on Feb. 2, 2015. Referred to the Senate college students have to perform me – a big brother that I never had. Finance Committee. community service for a class, and My brother, he was never there for from September through May, me.” the students hang out with their And it’s that relationship that mentees, who range in age from make’s the T.E.A.M. program a win- 10 to 14. More than 300 kids have win. benefited from the program since The Delaware County Juvenile its inception. Court also has a program that “’You just keep getting better supports teen moms called and better.’ ‘You’ve turned it M.O.M.S. – or Moms Offering around.’ ‘You’re maturing. I think Mentoring Support. That program this school year you’ve really started in 2005. Find more matured a lot.’ ‘I think hanging out information on both mentoring with an older boy…’ ‘Helps a little programs on the court’s website bit, right?’” Cram, Mirando, and at www.co.delaware.oh.us/index.php/ Kirksey reminisce. juvenile-court. 12 • March 2015 • 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 Courses March 26 March 25 judicialecademy.ohio.gov Criminal Procedure for Oral Arguments at Off-Site Court Acting Judges (1 of 4) Mansfield March 10 Judges, Magistrates & Acting Judges, Probation Officer Training Program: Toledo/Perrysburg Offender Behavior Management March 31 Attorney Pro Bono Activity Probation Officers, Toledo/Perrysburg Supervisor Series: Hiring, Firing, Reporting Deadline and Retention for Court Personnel March 11 – 13 Supervisors (2 of 2) April 1 Court Management Program 2016 Court Personnel, Columbus Application Deadline to Take Module 3: Managing Court Financial the July 2015 Bar Exam Resources CMP 2016 Class, Columbus April 1 Guardian ad Litem New Magistrate Orientation Pre Service Course (3 of 9) Ohio Center for Magistrates, Mt. Sterling Guardians ad Litem, Columbus Law-Related Education oclre.org March 17 April 7 Probation Officer Training Program: March 12 – 14 Probation Officer Training Program: Introduction to Motivational High School Mock Trial Cognitive Behavioral Interventions Interviewing State Competition Probation Officers, Akron/Fairlawn Probation Officers, Dayton/ Columbus Beavercreek Guardian ad Litem Continuing Education Course: Divorce: March 18 The Impact on Children Moot Court 2015 Guardians ad Litem, Columbus Dispute Resolution Professional Development 1 p.m. – 4:30 p.m. Training Columbus sc.ohio.gov/JCS/disputeResolution March 20 March 18 March 26 & 27 Youth for Justice/Project Citizens Guardian ad Litem Continuing Basic Mediation/Uniform Mediation 2015 Professional Development Education Course: Divorce: Act Training Columbus The Impact on Children Columbus Guardians ad Litem, Columbus 8:30 a.m. – Noon Language Services Events March 24 sc.ohio.gov/JCS/interpreterSvcs Probation Officer Training Program: Intro to Offender Behavior March 21 Introduction to Court Interpreting Management Cincinnati Ohio Court Probation Officers, Columbus Reporters Association Annual Conference March 25 Supreme Court of Ohio ocraonline.com Supervisor Series: Hiring, Firing, sc.ohio.gov March 27 – 29 and Retention for Court Personnel Columbus Supervisors (1 of 2) March 10, 11 & 24 Court Personnel, Columbus Oral Arguments