Delayed Release of Body-Cam Video from Pfeifer Named Judicial Conference Police Shooting Was Reasonable (p. 3) Executive Director (p. 10)

January 2017

The lives of many poor, non-violent offenders have been upended and their futures jeopardized by unaffordable court fines, fees, and bail. (Story on p. 6) 2 • JANUARY 2017 • 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. Court News Ohio includes a website (courtnewsohio.gov), a monthly the January Issue publication (CNO Review), a Inside television program (CNOTV), a Facebook page (facebook. com/courtnewsohio), a Twitter 3 Cases feed (@courtnewsohio), and a Law Enforcement Dash-Cam Videos YouTube channel (youtube.com/ Are Public Records Subject to Redaction CourtNewsOhioTV).

Content is produced and edited 4 Happening Now by the Public Information staff Attorneys Asked to Document with video production assistance Their Pro Bono Work from the staff of Ohio Government Telecommunications. The views expressed in CNO content do 6 Cover Story not necessarily reflect those of Unjust Costs: The lives of many poor, non- the justices of the Supreme Court violent offenders have been upended and of Ohio, and the justices do not their futures jeopardized by unaffordable exercise direct editorial control over court fines, fees, and bail the content.

Submissions can be e-mailed to 8 Legislative Digest [email protected] or sent through Compilation of Bills and Resolutions the U.S. mail to: Introduced by the Ohio General Assembly of Interest to the Judicial Community Court News Ohio 65 S. Front Street 10th Floor 9 Rule Amendment Summary Columbus, Ohio 43215 Court Amends Statewide Rules Governing Court-Appointed Lawyers A free monthly subscription to the CNO Review can be requested by e-mail or U.S. mail, or by calling 10 On the Bench 614.387.9250. Pfeifer Named Judicial Conference Executive Director

facebook.com/courtnewsohio 12 The Agenda @courtnewsohio Upcoming Events, Training Opportunities, and Conferences youtube.com/CourtNewsOhioTV for Judges and Court Staff Cover Image: Thinkstock CNO REVIEW • JANUARY 2017 • 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 record. Justice William M. O’Neill damages may be awarded if the wrote the he would have awarded records are not provided promptly. Law Enforcement Dash-Cam attorney fees to the newspaper. Justice Lanzinger explained while Videos Are Public Records State ex rel. Cincinnati Enquirer there is no deadline in the law for providing the records, public offices Subject to Redaction v. Ohio Dept. of Public Safety Slip Opinion No. 2016-Ohio-7987 are required to make them available Ohio law enforcement dash-cam in a reasonable period of time. recordings are public records that Citing a 2009 case, Justice cannot be shielded in their entirety, Delayed Release of Body-Cam Lanzinger noted that the Court but portions considered “investigatory Video from Cincinnati Police found the law gives a public office an work product” can be withheld, opportunity to examine the records the Ohio Supreme Court ruled Shooting Was Reasonable prior to release in order to make unanimously on Dec. 6. The Hamilton County prosecutor redactions of material that is exempt The Court determined that the acted reasonably when he publicly under the records act. Ohio State Highway Patrol should released a University of Cincinnati State ex rel. Cincinnati Enquirer v. Deters have promptly released to the police body-cam video six business Slip Opinion No. 2016-Ohio-8195 Cincinnati Enquirer more than an days after receiving it, the Ohio hour of video from three dash-cam Supreme Court ruled Dec. 20. recordings of a January 2015 police The Supreme Court denied six chase and subsequent crash. The media outlets’ requests for statutory Damage Caps Constitutional patrol did not release the video until damages and attorney fees. The news When Applied to Sexual May, two months after the driver’s organizations had filed a lawsuit to Assault of Minor conviction for fleeing and other require Prosecutor Joe Deters to Capping damages awarded in a crimes. release video of Officer Ray Tensing’s civil lawsuit to a teenage victim of a In the lead opinion, Justice Judith fatal shooting on July 19 of Samuel sexual assault did not violate the girl’s L. French announced the Court DuBose. Deters provided the media constitutional rights, the Supreme declined to adopt a rule that all the video on July 29 after securing a Court ruled Dec. 14. dash-cam video can be withheld by grand jury indictment of Tensing. The Court affirmed the Fifth law enforcement until a suspect is Writing for the majority, Justice District Court of Appeals decision prosecuted, or that recordings in their Judith Ann Lanzinger noted Ohio’s allowing a $3.6 million jury verdict entirety are public records subject to public records act, R.C. 149.43, does in favor of Jessica Simpkins to be prompt release. A case-by-case review not set a deadline for a public office reduced to $500,000 when the trial is necessary to determine how much responses to requests for public court applied limits on “noneconomic of a recording must be disclosed, she records, but only requires that a copy damages,” which the Ohio General wrote. be made available in a reasonable Assembly enacted as part of a 2005 Of the three state patrol period of time. The Court decision “tort reform” law. recordings requested by the Enquirer does not address claims by the Writing the Court’s lead opinion, of the chase of Aaron Teofilo, only prosecutor’s office that body-cam Justice French wrote there may be 90 seconds from one trooper’s dash footage is exempt from the public a set of circumstances where the cam could be considered investigatory records law. statutory damages caps would prove work product under the state public Justice Lanzinger noted that unconstitutional, but the law “as records law, the Court concluded. Deters released the video on July applied to the facts before us” is The Court declined to award the 29, two days after the complaint constitutional. Enquirer attorney fees, damages, and was filed, and noted it was released Simpkins and her father sued their court costs, noting the patrol acted “immediately after the grand jury church and former church leaders in good faith based on a 2014 court concluded its deliberations” and claiming that in March 2008, Brian of appeals opinion that found the indicted Tensing. Williams, the senior pastor of Sunbury dash-cam recordings were not public The opinion noted that statutory Grace Brethren Church, forced oral Continued on p. 4. 4 • JANUARY 2017 • CNO REVIEW

Continued from p. 3.

and vaginal intercourse with Simpkins briefs with the Supreme Court in a The Court ruled that because who was 15 years old at the time. discretionary appeal and an appeal children are constitutionally required Williams was convicted of two counts of right and found that an appeal to be treated differently from adults of sexual battery and sentenced to two of right reaches the merits stage for purposes of sentencing, juvenile four-year prison terms. more quickly than the discretionary procedures also must account for the In separate dissenting opinions, appeal currently afforded to capital differences between children and Justices William M. O’Neill and Paul offenders. adults. E. Pfeifer argued that the General With this ruling, Tyrone Noling, Further, the Court said the Assembly’s caps on jury awards are who was convicted of the 1990 mandatory-transfer statutes preclude unconstitutional and can only be murders of a Portage County couple, a juvenile court judge from taking any imposed by an amendment to the is entitled to have his post-conviction individual circumstances into account Ohio Constitution. DNA testing appeal heard by the before automatically sending a child Simpkins v. Grace Brethren Church Supreme Court. He has 45 days to file who is 16 or older to adult court. of Delaware, Ohio a brief arguing the merits of his case. Instead, the Court ruled that juvenile Slip Opinion No. 2016-Ohio-8118 Justice Terrence O’Donnell court judges must be allowed the agreed with the majority that the discretion that the General Assembly different appeals processes are permits for other children and should Post-Conviction DNA unconstitutional, but dissented from be able to distinguish between those the remedy. He would sever the children who should be treated as Testing Appeals Process relevant statute, R.C. 2953.73(E), in its adults and those who should not. Unconstitutional entirety. Because the Court determined that The Supreme Court ruled Dec. 21 State v. Noling the mandatory-transfer provisions of that part of the state law that limits the Slip Opinion No. 2016-Ohio-8252 R.C. 2152.10(A) and 2152.12(A) are appeals of capital offenders seeking unconstitutional, it severed those DNA testing after a conviction is provisions from the law. unconstitutional. Mandatory Transfer of State v. Aalim The statute violates constitutional Juveniles to Adult Courts Is Slip Opinion No. 2016-Ohio-8278 rights to equal protection because it creates a different appellate process Unconstitutional for capital and noncapital offenders The Supreme Court ruled Dec. by giving offenders sentenced to 22 that mandatory transfer of Most Criminal Investigation death only the possibility, rather than juveniles to the common pleas Records Become Public When the right, to have their appeal heard, courts violates juveniles’ right to due Trial Concludes Chief Justice Maureen O’Connor process as guaranteed by the Ohio Most law enforcement records explained in the 4-3 decision. The Constitution and also ruled that Ohio involving the investigation of a suspect statute has no rational basis for this statutes allowing the discretionary become public record once the distinction, the Court held. transfer of juveniles older than 14 suspect’s trial concludes, the Supreme To fix the unconstitutional years to common pleas courts are Court ruled Dec. 28. provision, the Court severed part of constitutional and satisfy due process The Court ruled that most of the the statute, and the law now gives guarantees. records sought by the Ohio Innocence eligible capital offenders an appeal In the lead opinion, Justice Project from the Columbus Division of right to the Ohio Supreme Court Lanzinger explained that of Police since 2013 must be turned when challenging a trial court’s denial “fundamental fairness” in juvenile over, and that the city owes an of a request for post-conviction DNA proceedings is key to protecting due attorney seeking the records $1,000 in testing. process. The Court in 2012 held in damages, along with court costs and Chief Justice O’Connor rejected In re C.P. that fundamental fairness reasonable attorney fees. an argument by the Portage County requires the juvenile court judge to The city argued the records could prosecutor that the separate appellate decide the appropriateness of an be withheld until “all proceedings” paths for capital and noncapital adult penalty for juvenile acts and that are concluded, even if Saleh was no offenders provide for the expeditious additional procedural protections longer actively appealing his case. enforcement of court judgments. may be required for juveniles to meet Writing for the Court majority, The Court reviewed the timeframes the juvenile court system’s goals of Justice Pfeifer determined that for filing appropriate paperwork and rehabilitation and reintegration. Continued on p. 9. CNO REVIEW • JANUARY 2017 • 5

News and Notes from Courthouses Across the Buckeye State

Board of Professional Conduct Elects UPL Board Elects Officers for 2017 Officers for 2017 The Ohio Supreme Court board that investigates the unauthorized The Ohio Board of Professional practice of law elected its 2017 Conduct announced the election of leadership in late December. officers for calendar year 2017. Leo M. Spellacy Jr., partner at Commissioner David L. Dingwell Porter, Wright, Morris & Arthur was selected by the board to serve in Cleveland, will serve as chair of as its chair. He has served on the the Board on the Unauthorized Spellacy board since 2012 and has chaired Practice of Law while Renisa Dingwell Watson one of the board’s two probable Dorner, a labor/employment cause panels. Dingwell is a partner in the Canton firm of Tzangas, lawyer at Spengler Nathanson in Plakas Mannos, where his practice focuses on litigation, probate Toledo, will be vice chair. Spellacy and estate planning, and employment law. From 2012-2013, moves up after serving as vice chair he served as president of the Stark County Bar Association and in 2016 and 2015. chaired the association’s certified grievance committee from Robert V. Morris II, Dorner 2006-2008. Commissioner Dingwell is a graduate of the University administrative magistrate at of Kansas and the University of Akron Law School, and was Franklin County Probate Court, concluded his admitted to practice in Ohio in 1992. service as chair for the past two years. The board Commissioner Sanford E. Watson II was elected to serve as bid farewell to outgoing members Ben Espy, vice chair. He was first appointed to the board in 2011 and has Randy Solomon, and F. Scott O’Donnell, who chaired the board’s Advisory Opinion Committee since 2015. He each served two terms. is a partner with the Cleveland firm of Tucker Ellis, practicing Established by Rule VII of the Supreme Court in the areas of business litigation, product liability, and public Rules for the Government of the Bar of Ohio, the law. Watson previously served as chief prosecutor and director board consists of 13 members who are appointed of public safety for the city of Cleveland and is a past president to three-year terms by the Supreme Court. The of the Norman S. Minor Bar Association. He is a graduate of board conducts hearings, preserves the record, Morehouse College and the Georgetown University Law Center and makes findings and recommendations to the and was admitted to the Ohio bar in 1988. Court in cases involving the alleged unauthorized Commissioners Dingwell and Watson replace board chair Paul practice of law. M. De Marco from Cincinnati and vice chair William J. Novak The board is also authorized to issue informal, from Cleveland, both of whom are leaving the board after nine nonbinding advisory opinions on matters years of service. concerning the unauthorized practice of law.

Attorneys Asked to Document Their Pro Bono Work Ohio attorneys registered for reported. The portal is open legal services to people of associations, and legal aid active, corporate, or emeritus until March 31, 2017. All limited means. organizations across the state. status will be contacted this information submitted will be The Ohio Legal Assistance Participating attorneys month by the Ohio Supreme collected anonymously. Foundation compiles the in 2015 reported more than Court to voluntarily report Attorneys are encouraged responses and uses the data 76,000 hours of pro bono their 2016 pro bono activities. to begin collecting records to improve the delivery legal services valued at more Each attorney will of any pro bono work of civil legal services to than $10 million. receive an email with a from 2016, including low-income Ohioans. The link to a website where pro financial contributions to information is shared with bono information can be organizations that provide the Supreme Court, bar 6 • JANUARY 2017 • CNO REVIEW

McGee Brown, one of the panelists, said. “So then they can’t pay the fine, UNJUST they get a warrant issued for them, they lose their job.” The effect on an individual can be devastating. Many courts have imposed fines, which are financial punishments for certain offenses, and COSTS fees, which are payments assessed for court operations, without considering The 2014 shooting of Michael Brown by a police officer in Ferguson, whether the offender has the Missouri, led the U.S. Department of Justice to investigate other resources to pay. The debt pushes practices of law enforcement and courts in the St. Louis neighborhood. some offenders to choose between a court obligation and needed The department’s scathing report, issued in March 2015, revealed that purchases for themselves and their local courts were imposing fines and fees on people arrested for minor families. Numerous offenders who offenses, and boosting the prices for those charges over the years to haven’t paid fines and fees have been arrested and jailed. generate revenue for city coffers. The report helped propel into the Advocates, researchers, and court national spotlight the issue of burdensome court costs heaped on many officials are questioning what purpose is served by jailing people who don’t who can least afford it, shining a brighter light on the economics of have the money to pay and who pose justice in the United States. little danger to the community. “The jail is a scarce resource,” American Civil Liberties Union of panelist and Lakewood Municipal ast month, national talk show Ohio identified seven counties that Court Judge Patrick Carroll pointed host Tavis Smiley devoted jailed people who couldn’t pay court out. “You want to keep it for repeat Ltwo episodes of his public fines. In response, the Ohio Supreme offenders, violent offenders, people television show to the topic of fines, Court developed a bench card, that can affect the safety of the fees, and bail with an Ohio panel released in early 2014, citing the laws community …. It’s not a collection comprised of the state’s chief justice, that govern how courts must handle agency for fines.” a former justice, and two municipal the imposition and collection of court court judges. Smiley asked the costs and fines, and offering guidance panel whether people of color and to local courts in appropriate Lives in Turmoil poor people are disproportionately approaches. Incarceration, even for a few days, punished by fines, fees, and bail as Willing to face the challenges can jeopardize many other aspects of they’re currently being assessed by and concerns head on, Chief Justice a person’s life, such as keeping a job courts. O’Connor now leads a national effort and maintaining custody of children. “I think there’s no question that is to address the matter as co-chair of the “If you look at it from any what’s occurring,” Ohio Chief Justice National Task Force on Fines, Fees, and objective standard, you come to Maureen O’Connor responded. “The Bail Practices. the conclusion that for people who courts [in Ferguson] were literally are low income, low risk, that those an ATM for the municipalities, at people are absolutely being preyed the direction of the governance of Cycle of Incarceration upon,” Cleveland Municipal Court the municipality instructing police Once certain fines or fees are Judge Ronald B. Adrine told the Tavis in concert with the courts to raise imposed, people who come into Smiley show audience. “Once they fall revenue.” contact with the courts often find into that crack, we kind of compile themselves caught in a maddening additional problems on top of them so A National Topic revolving door with the system. that they don’t get an opportunity to Chief Justice O’Connor explained, “The reality is, if you’re sitting on ever climb back out of the hole.” though, that the problem extends the bench, you may think $100 fine “Many times, the government beyond Ferguson to the nation. The is no big deal because you’re not that doesn’t actually collect the fines Buckeye State itself has grappled with $7-an-hour worker where a $100 fine because the people can’t pay them,” the issue. An April 2013 report by the is extraordinary,” former Justice Yvette Judge Carroll added. “Nonetheless, CNO REVIEW • JANUARY 2017 • 7

those fines … keep piling up and who has a lot of money is able to get To tackle the problem, the piling up, and now somebody can’t out.” national task force aspires to provide get a driver’s license.” As a result, Judge Adrine has practical resources – including draft made some dramatic changes at the model statutes, court rules, and Cleveland Municipal Court. Now a policies for setting, collecting, and Burdens of Bail person charged with a nonviolent waiving fines, fees, and bail – to lessen Holding defendants before trial misdemeanor who has no other any unfair burdens placed on people because they can’t make bail raises charges pending can be released who find themselves navigating the the same concerns. Courts set bail to on his or her own signature. Judge court system. ensure that a person appears for a Adrine and his colleagues are also “This is truly a paradigm shift future proceeding or to protect the taking steps to develop better risk- in many respects with how business public. However, more and more assessment tools to make more is done in our courts, and that people are being held in jail because suitable judgments about bail for requires education and training they can’t pay a bail bond. A 2015 serious charges. and consistency,” the chief justice report by the Council of Economic “Judges need discretion to fashion said. “Those are the hallmarks of a Advisers noted a 59 percent escalation a remedy for the person standing in successful change.” nationwide in the number of arrested front of them,” McGee Brown said. individuals held in jail without a conviction between 1996 and 2014. Municipal courts often set rigid bail Adequate Funding Needed schedules, too. The schedules define But fundamental fairness in the Courting Justice specific bail amounts based only on court system also will require greater the level of misdemeanor or felony. financial investment.

The “Tavis Smiley Show” featured “The courts [in Ferguson] were literally Ohio judges as part of series called “Courting Justice,” a multi-city town hall co-hosted by Smiley’s an ATM for the municipalities, at the show and the National Center for State Courts. Panelists (pictured direction of the governance of the above, left to right) were Chief Justice Maureen O'Connor, Judge Ronald municipality instructing police in concert B. Adrine, Judge Patrick Carroll, and former Justice Yvette McGee with the courts to raise revenue.” Brown. – Chief Justice Maureen O’Connor The three-part show in Ohio was recorded before a live audience in Cleveland in December 2016. Two episodes aired on television, and the third was archived on the “Bail schedules are one of the most “You cannot have justice in an Tavis Smiley Show website. All are unjust ways of treating an individual under-funded system such as we available through the links below: coming before the court,” Chief have in many, many instances,” Chief Justice O’Connor said. Justice O’Connor stressed. “Because PART 1 broadcast Dec. 13 Judge Adrine added: “When you you do have the overburdened public , set them arbitrarily – where you just defender. You do have the prosecutor set up the dollar amount according that is moving cases along according PART 2, broadcast Dec. 14 to the charge as opposed to the to a formula all too often. You’ve got individual and what that individual’s a judge who is watching the clock and PART 3, Web-only extra segment risk factors are – then somebody who determining, ‘How many cases do has no money, but also poses no risk, I have yet to hear in this morning’s ends up staying in jail while somebody session?’” 8 • JANUARY 2017 • CNO REVIEW

HB 347 – Rep. Robert McColley STATUS: Signed by the governor on (R-Napoleon) and Rep. Tom Dec. 19, 2016. Effective immediately. Brinkman (R-Cincinnati) To eliminate civil asset forfeiture SB 139 – Sen. proceedings and to modify the law (R-Cincinnati) & Sen. Sandra governing criminal asset forfeitures. Williams (D-Cleveland)

STATUS: Passed by Senate on To require the clerk of a common Dec. 8, 2016, and sent to the pleas court to retain a copy of the governor for his signature. original trial file when a death penalty is imposed, to specify that there is no page limit on petitions HB 388 – Rep. Gary Scherer for post-conviction relief in death (R-Circleville) penalty cases or in appeals of denials of such relief, to provide for To authorize a court to grant depositions and subpoenas during unlimited driving privileges with discovery in post-conviction relief an ignition interlock device to proceedings, and to require a judge first-time OVI offenders, to expand hearing a post-conviction relief the penalties related to ignition proceeding to state specifically in interlock device violations, to the findings of fact and conclusions modify the law governing the of law why each claim was either installation and monitoring of denied or granted. ignition interlock devices, to extend the look back period for OVI and STATUS: Passed by House on OVI-related offenses from six to ten Dec. 6, 2016, and sent to the years, and to modify the penalties governor for his signature. for OVI offenses. CNO Legislative STATUS: Passed by Senate on SB 227 – Sen. Kevin Bacon Dec. 6, 2016, and sent to the (R-Minerva Park) governor for his signature. To make various changes to the Digest laws governing the duties and functions of the attorney general, Each month, Court News HB 436 – Rep. Bob Cupp to clarify court authority/duty to Ohio Review tracks bills and (R-Lima) & Rep. John Rogers take fingerprints, and to modify resolutions pending in the (D-Mentor) judgment dormancy law. Ohio General Assembly that To authorize a judge who grants limited driving privileges to a STATUS: Passed by House on are of interest to the judicial second-time OVI offender to order Dec. 6, 2016, and sent to the community. the termination of the mandatory governor for his signature. immobilization order.

STATUS: Passed by Senate on SB 319 – Sen. John Eklund HB 185 – Rep. Dec. 7, 2016, and sent to the (R-Chardon) (R-Springfield) governor for his signature. To revise certain laws regarding the To eliminate lack of the property regulation of drugs, the practice owner's consent as an element of pharmacy, the provision of of arson when the property is HB 471 – Rep. Lou Blessing addiction services, and authorizes abandoned real property and to (R-Cincinnati) provision of access to time-limited make the consent of the owner To formally abolish certain boards recovery support as part of of abandoned real property an and commissions that have medication-assisted treatment. affirmative defense. completed their work, and extend the deadline of the Criminal STATUS: Passed by House on STATUS: Signed by the governor Justice Recodification Committee Dec. 7, 2016, and sent to the on Dec. 19, 2016. Effective 90 days recommendations to June 30, 2017. governor for his signature. from signature. CNO REVIEW • JANUARY 2017 • 9

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position violated the Ohio Public Records Act. The decision addressed an interpretation of the act first adopted by the Court in a 1994 case that prevented criminal defendants from using the public records act to access information from police and prosecutors that they were not entitled to under the rules for criminal discovery at the time. Justice Pfeifer noted that a broad reform of the discovery rule in 2010 grants a defendant far greater access to the state’s files, and the restrictions on public access to the material should be loosened. The Court concluded that the Rule Amendment Summary records should be exempt only A summary of select significant rule amendments until the completion of the trial proposed or enacted by the Ohio Supreme Court for which the information was gathered. The Court granted the appellant’s writ and found the police Court-Appointed Lawyers must provide the records, but can The Court amended statewide rules governing court-appointed lawyers to redact information that is protected place an emphasis on distributing appointments widely. The rules took effect by other provisions of the law, on Jan. 1, 2017. Rule 8 of the Rules of Superintendence for the Courts of such as those that protect against Ohio requires courts to make sure there’s an “equitable distribution” when revealing the identities of uncharged it comes to appointing a lawyer for an indigent criminal defendant. The suspects, witnesses, and confidential amendment defines equitable as “a system through which appointments are informants who may be endangered if made in an objectively rational, fair, neutral, and nondiscriminatory manner” they are named. from a list of pre-qualified lawyers. The rule changes also include a set of five In a concurring opinion, Chief factors a court must take into account when making appointments. Justice O’Connor wrote that the majority goes too far in narrowing the specific investigatory work product Military Spouse Rule exemption and she would permit Until Jan. 18, 2017, the Court will accept public comment on amendments records that contain the “theories, to enable an attorney spouse of an active duty member of the U.S. military impressions, and strategies,” used by temporarily stationed in Ohio to practice law under certain conditions. The law enforcement to remain exempt. proposed amendments to the Rules for the Government of the Bar of Ohio Justice O’Donnell dissented, outline the eligibility and application requirements, the approval process, stating he would not overrule any and the limitations of the designation. To account for military spouses portion of the 1994 case. Justices currently in Ohio seeking to practice law on a temporary basis, the Court French, O’Neill, and Sharon L. adopted amendments that took effect on Jan. 1, 2017. Kennedy joined Justice Pfeifer’s opinion, and Justice Lanzinger joined Judicial Campaign Contribution Limits Chief Justice O’Connor’s opinion. Several changes to the Code of Judicial Conduct, including an increase in State ex rel. Caster v. City of Columbus judicial campaign contribution limits, took effect Jan. 1, 2017. Changes to Slip Opinion No. 2016-Ohio-8394 Jud.Cond.R. 4.4(J) and (K) enact the 4.37 percent increase (rounded to the nearest $100) in the Consumer Price Index for campaign contribution limits that occurred over the four-year period since the rules last required the director of the Ohio Board of Professional Conduct to compute the percentage change for consideration by the Court. 10 • JANUARY 2017 • CNO REVIEW

Pfeifer Named Judicial Conference Executive Director

Retired Ohio Supreme Court Saxbe, trying eminent-domain cases Justice Paul E. Pfeifer is the associated with the building of Ohio’s new Ohio Judicial Conference highway system. In 1972, he became a executive director. partner in the law firm of Cory, Brown & Justice Pfeifer served on the Pfeifer, where he practiced – primarily as Supreme Court from Jan. 2, 1993 to a trial and tax lawyer – for 20 years. He Jan. 1, 2017. Justice Pfeifer could not also served several years as an assistant run again for another term because of prosecutor for Crawford County. Ohio’s constitutional age restriction for “Early in my career, I had the judges. good fortune of trying cases all over Before his initial 1992 election to our state,” Justice Pfeifer said. “Now, the Supreme Court, Justice Pfeifer after 24 years on the Supreme Court, served in both houses of the Ohio this position – representing the more General Assembly, including one term than 700 judges of the Ohio Judicial in the House of Representatives and Conference – offers new challenges four terms in the Senate. He held a and exciting opportunities. I’m looking variety of leadership posts in the Senate, forward to getting started.” and served as chairman of the Senate Conference Chair and Clermont Judiciary Committee for 10 years. County Juvenile/Probate Court Judge “I think I’m bringing a unique James A. Shriver said that “the Ohio perspective to this position,” Justice Judicial Conference is honored to be led Pfeifer said. “I’ll be able to draw on my by a great icon of the Ohio judiciary. His experience in both the judiciary and the vast judicial experience and knowledge General Assembly, and I will be working and his robust energy and ideas will with our judges to help members of the serve both the judiciary and the citizens General Assembly better understand of Ohio quite well.” the impact that legislative proposals can Justice Pfeifer and his wife, Julie, create at the courthouse.” have two daughters, Lisa and Beth; a Justice Pfeifer grew up on his family’s son, Kurt; four granddaughters; and dairy farm near Bucyrus. His first job one grandson. Justice Pfeifer still lives after graduating from The Ohio State near Bucyrus, and he and his family University College of Law was as an raise purebred Angus cattle on their assistant attorney general under William Crawford County farm.

Governor Fills Cleveland Municipal Court Vacancy Former Cuyahoga County Common Pleas Court magistrate Jimmy L. Jackson Jr. took the bench on Jan. 3. He was appointed on Dec. 2 by Gov. . Jackson must win in the 2017 general election in November to retain the seat for the remainder of the unexpired term, which ends Jan. 2, 2022. Jackson replaces former Judge Ed Wade, who died Sept. 26. Jackson received his bachelor’s and law degrees from the University of Akron. He has served as a magistrate since 2005. He was admitted to the practice of law in Ohio on May 9, 2005. Jackson is a member of the Cleveland Metropolitan Bar Association and a past member of the Cuyahoga County Bar Association and the Independence Charter Review Commission. CNO REVIEW • JANUARY 2017 • 11

Erie County Judge to Lead Juvenile Court Judge Association in 2017 Ohio Association of Juvenile Court Judges 2017 Officers Erie County Juvenile Court Judge Robert C. DeLamatre took office on Dec. 1 as president of the Ohio Association President of Juvenile Court Judges for 2017. He and the other officers Hon. Robert C. DeLamatre were sworn in during the group’s annual winter conference Erie County Juvenile Court business meeting in December. Since his election in 2000, Judge DeLamatre has been Vice President re-elected to two additional six-year terms on the bench. Hon. Timothy J. Grendell Geauga County Probate/Juvenile Court DeLamatre Previous to serving as judge, he was in private practice for 14 years and worked as an assistant prosecutor, assistant law director, and magistrate. He earned his law degree from the University of Treasurer Toledo College of Law. Hon. Thomas S. Moulton “I am honored to be able to serve the association and our juvenile judges,” Gallia County Probate/Juvenile Court said Judge DeLamatre. “I intend to work with my colleagues and other stakeholders to improve the administration of juvenile justice. I believe this Secretary is the best way to assist in improving the lives of the children and families we Hon. David B. Bender come into contact with.” Fayette County Probate/Juvenile Court The association consists of common pleas judges having juvenile court jurisdiction. The association promotes common business interests and Immediate Past President provides leadership for a just and effective juvenile court system throughout Hon. Kathleen Dobrozsi Romans Butler County Juvenile Court the state of Ohio. The association also addresses issues affecting juvenile abuse, dependency, and neglect; unruly juveniles (status offenders); and juvenile delinquency, as well as court administration aspects of these issues.

Matia to Lead Common Pleas Judges in 2017 Cuyahoga County Common Pleas Court Judge David T. Matia will serve as president of the Ohio Common Pleas Judges Association for 2017 following his election during the group’s annual winter conference in December. Chief Justice Maureen O’Connor administered the oath of office to Judge Matia and other judges elected to leadership positions, and delivered remarks. Judge Matia has been involved in the OCPJA as a trustee and officer for six years. As president, Judge Matia also will be the host of the 2017 OCPJA summer meeting, which will be held in the Cleveland Hilton Hotel. Matia “I look forward to holding next summer’s meeting in downtown Cleveland, something that has not happened here in more than three decades,” said Judge Matia. “I am also pleased to be serving Ohio’s common pleas court judges with my friend and Cuyahoga County colleague, Judge Michael Donnelly.” The common pleas judges association’s membership includes all general division judges of the state’s 88 common pleas courts, and its mission is “to improve the law, the legal system, and the effective administration of justice.”

Ohio Common Pleas Judges Association 2017 Leadership

President Second Vice President Secretary Hon. David T. Matia Hon. Michael P. Donnelly Hon. Barbara P. Gorman Cuyahoga County Common Pleas Court Cuyahoga County Common Pleas Court Montgomery County Common Pleas Court

President-Elect Third Vice President Treasurer Hon. Linda J. Jennings Hon. Jeffrey L. Reed Hon. Mark K. Wiest Lucas County Common Pleas Court Allen County Common Pleas Court Wayne County Common Pleas Court

First Vice President Fourth Vice President Immediate Past President Hon. Jody M. Luebbers Hon. Robert C. Hickson Jr. Hon. Thomas M. Marcelain Hamilton County Common Pleas Court Morrow County Common Pleas Court Licking County Common Pleas Court 12 • JANUARY 2017 • 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 Feb. 1 Conferences judicialecademy.ohio.gov Guardian ad Litem Continuing Education Course: Domestic Jan. 23 - 25 Association of Municipal/County Jan. 10 Violence Judges of Ohio (AMCJO) Winter Probation Officer Training Program Guardians ad Litem Conference Probation Officers Dayton Member Judges Perrysburg 12:30 to 4 p.m.

Jan. 11 Guardian ad Litem Guardian ad Litem Continuing Pre Service Course Ohio Center for Education Course: Substance Use Guardians ad Litem Law-Related Education Guardians ad Litem Dayton oclre.org Columbus 8:30 a.m. to Noon OR 1 to 4:30 p.m. Jan. 20 Feb. 3 High School Mock Trial District Paternity/Custody/Child Support Competition Jan. 12 Course Web Conference Various Locations in Ohio Fundamentals of Adult Judges & Magistrates Guardianship Broadcast Adult Guardians Jan. 27 High School We the People State 6-Hour Broadcast Local Court Roundtables Competition to various Ohio Sites sc.ohio.gov/JCS/roundtables Ohio Statehouse Note: All meetings are at the Jan. 18 Thomas J. Moyer Ohio Judicial Jan. 28 Probation Officer Training Program Center in Columbus High School Mock Trial District Probation Officers Jan. 13 Competition Make-Ups Columbus Court of Appeals Administrators Various Locations in Ohio All Districts Jan. 23 Judicial Candidates Seminar in conjunction with the AMCJO Winter Conference Supreme Court of Ohio Judicial Candidates sc.ohio.gov Columbus 3:45 to 5:45 p.m. Jan. 10 & 11 Oral Arguments

Jan. 24 Jan. 17 Probation Officer Training Program Late Application Deadline to Probation Officers Register as a Candidate for the Akron July 2017 Bar Exam

Jan. 25 Guardian ad Litem Pre-Service Course Guardians ad Litem Columbus