NEWSLETTERNEWSLETTER Spring 2010 www.OhioMagistrates.org Magistrates Serving Ohio’s Judiciary
Mentoring for Magistrates
The Ohio Youth Assessment System: Standardizing Risk and Need Assessment Across Ohio
The Ohio Association of Magistrates 2079 West Fifth Avenue Columbus, Ohio 43212 (614) 487-3919 www.OhioMagistrates.org
News Bites
Editor William Byrne Going Virtual: Design Editor Lindsey Schmitz The Supreme Court of Ohio Judicial Ohio Association of Magistrates Board of Trustees David Jump, President College Moves to Online Registration Franklin County Municipal Court Gregory F. Clifford, 1st Vice President By Patti Reid and Lindsey Schmitz Cleveland Municipal Court William Byrne, 2nd Vice President The Supreme Court of Ohio Judicial College Lucas County Domestic Relations Court James Lyle, Treasurer Franklin County Domestic Relations/Juvenile Court The Supreme Court of Ohio Judicial College is proud to Kenneth Roll, Secretary announce online registration for all of its courses that are open to Lake County Common Pleas Court Matt Reed Judges, Magistrates or Acting Judges, including the OAM Spring Practice Area Chair-Common Pleas/Appellate Court Conference. This technology-driven method of registration not only Butler County Common Pleas Court Thomas Freeman allows attendees to register quickly and easily, but will also give them Practice Area Chair-Juvenile Court online access to the course brochure, a map and directions to the Summit County Juvenile Court Coleen Hall Dailey seminar venue and an email confirming registration. As this method Practice Area Chair-Domestic Relations Court Columbiana County Common Pleas Court is both economical and green, it is the goal of the Judicial College to Lora Lynne Stalnaker soon make this the primary means of course registration. Practice Area Chair-Probate Court Lake County Probate Court To register online, log in by entering your attorney number Gregory F. Clifford and your Attorney Services Password (mailed to you in a letter from Practice Area Chair-Municipal Court Cleveland Municipal Court The Supreme Court of Ohio). If you are unable to remember or do District Representatives not know your password, click “Request Password,” and The Supreme District 1: Joe Schnieders Court website will request the following information: Hamilton County Domestic Relations Court District 2: Kimberly Stump Greene County Domestic Relations Court ♦ Attorney number District 3: Kathryn E. M. Hanson ♦ The last four digits of your Social Security Number Seneca County Juvenile and Probate Court District 4: Linda R. Warner ♦ Home ZIP code Gallia County Common Pleas Court District 5: Stephen E. Weithman ♦ Email address where you want your new password sent Delaware County Common Pleas Court District 6: Carol Hargreaves A password will be emailed to you at the email address you Lucas County Domestic Relations Court District 7: Mark A. Huberman provide (click on ‘request password’). This is the password that you Mahoning County Domestic Relations Court should keep and use for all future online registration with the District 8: Nancy McMillen Cuyahoga County Juvenile Court Judicial College AND for accessing and providing other information District 9: Barbara P. Porzio Medina County Common Pleas Court (such as the CLE Commission online transcripts) on The Supreme District 10: David Jump Court of Ohio website. Franklin County Municipal Court District 11: Kenneth Roll If assistance is needed, please call The Supreme Court of Lake County Common Pleas Court Ohio Judicial College at 614-387-9445. District 12: Michael Finney Clermont County Domestic Relations Court At-Large Representatives James Lyle Pardon Me Franklin County Domestic Relations/Juvenile Court Ann Weatherhead By Magistrate Coleen Hall Dailey Cuyahoga County Domestic Relations Court Domestic Relations Chair George Reynolds Greene County Common Pleas Court William Byrne In preparing the article titled, Traveling Abroad With a Minor Lucas County Domestic Relations Court Child, for the last newsletter, I inadvertently left off a footnote. The Pam Heringhaus Wood County Domestic Relations Court language that I suggested could be included in agreements of the Allen G. Carter parties concerning passports came from a Hot Tips article and Summit County Domestic Relations Court presentation by Roberta Batley at the 2005 Annual Meeting of the Cover Photo: The Supreme Court of the United States. Photographed by James Landon, ABA in Chicago. Education Program Manager, The Supreme Court of Ohio. i The Ohio Association of Magistrates Newsletter
Table of Contents
i News Bites 8 The Ohio Youth Assessment System 1 OAM Calendar of Events 10 Juvenile Update 2 News Around Ohio 13 The Allocation of Parental Rights & 3 President’s Message Military Deployment 4 OAM Fall Conference Heading 14 A History of the Law in America: to the Westin Sources of American Law 15 Authenticating Instant Messaging as 5 Mentoring for Magistrates Evidence 6 Magistrates Serving Ohio’s Judiciary 17 OPERS Recommends Changes to 7 Probate Update Retirement Plan Eligibility
OAM Calendar of Events
New Magistrate Orientation Fall Conference & Board Meeting March 24-26, 2010 September 29– October 1, 2010
Spring Conference & Board Meeting Board Meeting November 12, 2010 April 28-30, 2010
Board Meeting Board Meeting July 15, 2010 January 2011
Details for these events are available on our website: www.OhioMagistrates.org.
The Ohio Association of Magistrates Newsletter 1 News Around Ohio
Third District Report Seventh District Report By Magistrate Kathryn E. M. Hanson By Magistrate Mark A. Huberman Third District Representative Seventh District Representative There have been several changes in the district. The most noteworthy news for the Seventh District On a sad note, retired Magistrate Lester Huth passed away is the announcement by Columbiana County Juvenile Court on December 14, 2009. Les served the Seneca County Magistrate Scott Washam that he has filed candidate Juvenile and Domestic Relations Courts before his petitions to run for the Columbiana County Common Pleas retirement in December 2008. He always cared about the Court seat being vacated by retiring Judge David Tobin, people that appeared in front of him and that allowed him who is reported to be stepping down in June. It is to be very fair in all his decisions. When dealing with anticipated that Governor Strickland will make an traffic, delinquent and unruly juveniles, he always wanted appointment to the seat and that the judgeship will be them to think about their futures. Before serving as seriously contested by both parties this fall. Magistrate for the Courts, he was in private practice for I am also pleased to report that all but a handful of forty years in Fostoria, Ohio. Les served in the U.S. Army, the Magistrates of the Seventh District who were members 1943 to 1945, with the 65th Combat Signal Division, in 2009 have already renewed for 2010 and that their courts fighting in Europe during World War II. He is greatly are continuing to pay their dues despite the budget missed by all who ever met him. pressures that are besetting them all. In January 2010, Kathleen Ryan began at the Because our Spring Conference is set for nearby Hancock County Common Pleas Court as the Domestic Cleveland, it is my hope to see many of our Seventh District Relations Magistrate taking over for Jonathan Starn. Magistrates in attendance. However, due to family conflicts, she left that position on January 29, 2010. Attorney Rob Crow will be replacing her Tenth District Report effective March 8, 2010; he is currently in private practice By Magistrate David Jump Tenth District Representative in Findlay, Ohio and will be wrapping that up to begin as the DR Magistrate. There is a lot of news to report from the Tenth Magistrate Elizabeth “Betsy” Candler is retiring District, including significant changes in personnel. from Hancock County Juvenile Court on April 1, 2010. Magistrate Don Martin retired on January 31, 2010, She has been a Magistrate since April 1995 and served on after more than 35 years of public service, most of which the OAM board from fall 1995 until Jon Starn replaced her was with the Franklin County Domestic Relations and in fall of 2004. Betsy will be serving on the Board of Juvenile Court. Don began his service as a magistrate Elections, while also traveling, knitting and visiting her (referee) in 1982, after previously serving in the U.S. Air daughter and grandson. Congratulations to Betsy; she will Force and also working as an attorney for the Franklin be greatly missed. County Public Defender. Attorney Kristin Johnson will be replacing For more than 20 years, Don held the position of Magistrate Candler at the Hancock County Juvenile Court. Chief Magistrate, supervising all 25 magistrates of the court Attorney Johnson was employed by the Hancock County and all court staff. Don also held the position of Assistant Prosecutor’s Office as an assistant prosecutor handling Court Director. In this role, Don provided invaluable legal children services cases with DJFS. Kristen will begin in advice to the five judges of the Court and managed the April 2010. daily operation of the Court. Congratulations to all newly appointed Magistrates. Don is a founding member of the Ohio Association of Magistrates. He fondly remembers at one of the very Sixth District Report first meetings of the Association, each attendee voluntarily By Magistrate Carol Hargreaves chipped in ten dollars to help get the fledgling Sixth District Representative organization off the ground. Don says that although he Sixth District Appellate Judge Kayli Cosme, never got his money back, he believes it was a very good recently appointed by Governor Strickland, will have investment. During the twenty years since the OAM was opposition. Retired Judge Stephen Yarbrough, formerly of founded, Don has provided constant support to the the Lucas County Common Pleas and Domestic Relations Association. The Franklin County DR and Juvenile Court Divisions, has pulled petitions. sends one of the largest contingents of magistrates to every Magistrate Nancy Miller has been appointed Chief Fall Conference because of Don’s insistence that as many Magistrate of the Lucas County Probate Court. She magistrates as possible from that Court be able to attend. replaces Kevin Buckley, who retired last year. (Continued on page 16)
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President’s Message
Magistrate David Jump
It is customary at this time of year for Juvenile Court to serve on that important leaders to report on the state of their committee, whose stated mission includes respective entities, whether it is the State of giving ongoing advice to the Chief Justice and the Union, State of the State, State of the City the Justices and staff of the Supreme Court or State of the (Fill in the Blank). It seems regarding the promotion of statewide rules only appropriate that I should use this first and uniform standards concerning specialized OAM Newsletter of 2010 to report on the State dockets in Ohio courts. Magistrate Bower is of the OAM. just the latest to join an impressive list of OAM The OAM has experienced none of members who serve on Supreme Court and the bad things that have plagued other Ohio Judicial Conference committees. entities. The OAM has no budget deficit. All OAM alumni are also continuing to OAM members are employed (unless retired). serve the justice system. From the Who ’da We are not at war with anyone. There is no political Thunk It? category, it now appears almost infighting or gridlock within our Board of certain that the next Chief Justice of the Supreme Court Trustees. Unlike the financial industry, the OAM does of Ohio will be a former magistrate. Just twenty years not pay huge bonuses to our leaders (or even small ago, when the OAM was formed, magistrates (or bonuses for that matter). And there has not been a “referees” as we were called in those days) were seeking single OAM scandal reported in the tabloids in the recognition of the role we served in the judiciary. The grocery store check-out lanes. public did not understand who “referees” were or what Seriously, I have nothing but good things to authority we had. Even many judges struggled to report about the OAM. We continue to grow and get understand the role of “referees” in the justice system. stronger as we strive to meet the mission of the OAM, Today, two former magistrates are running against each which is to assist our members through education and other for the opportunity to lead Ohio’s highest court professional development, and to serve the justice system for the next six years. with integrity. Service to the justice system means more Supreme Court Justice Maureen O’Connor, than just working for our courts and handling our cases. who spent eight years as a magistrate in Summit County, OAM members continue to be called upon to serve on and Franklin County Probate Judge Eric Brown, who important Supreme Court of Ohio and Ohio Judicial spent two years as a magistrate in Franklin County, will Conference committees. square off against each other in the November General In the last Newsletter, I reported that the Ohio Election. On their respective court websites, both Judicial Conference Probate Law and Procedure Justice O’Connor and Judge Brown feature prominently Committee had voted for the first time to add a their service as magistrates. magistrate to that committee. I submitted to the Unlike some past elections, which have committee co-chairs the names of four magistrates as included far too much magistrate bashing, this election nominees. Any one of the four nominees could have provides the rare opportunity for both candidates to provided excellent service to the committee. The portray magistrates in a positive manner and to spotlight committee co-chairs recognized the quality of the the important role magistrates serve as judicial officers. nominees and, after reviewing their credentials, decided As Chief Justice Moyer has said many times, magistrates to appoint two magistrates to the committee instead of are the “face of the judiciary” for thousands of Ohioans just one: Magistrate Lora Lynne Stalnaker and Magistrate who appear in court. Justice O’Connor and Judge Nancy Miller. Magistrate Stalnaker, the OAM Probate Brown can both speak proudly of their judicial Practice Area Chair, serves the Lake County Probate experience as magistrates and both can help educate Court and Magistrate Miller serves the Lucas County the public on the importance of magistrates in the Probate Court. Both will be valuable additions to the judicial system. committee and both will represent the OAM with The State of the OAM is very strong, indeed. distinction. The greatest strength of our Association lies in our In January, the Supreme Court asked me to members, who work every day to uphold the U.S. and nominate magistrates to serve on the new Advisory Ohio Constitutions and the laws of this state and to Committee on Specialized Dockets. Again, I nominated provide justice for the citizens of Ohio. I am proud to four very well qualified candidates. Chief Justice Moyer be a magistrate and to be a member of this fine selected Magistrate Mary Bower of the Erie County Association.
The Ohio Association of Magistrates Newsletter 3 OAM FALL CONFERENCE HEADING TO THE WESTIN
By Magistrates Mark Huberman and Nancy McMillen Fall Conference Co-Chairs
As you read in the last issue of the Newsletter, the course entitled, “The Public Perception of Justice: Judicial 2010 Fall Conference is moving to the beautiful and Intervention in Film,” created by Retired Magistrate and historic Westin Hotel in downtown Columbus. For all of former OAM Past President and Life Member, Dennis you who had your frustrations with the Ramada Plaza that Parish. His “The Law and Cinema” course, developed in the OAM called home for so many years, we can most the late 1990s with Supreme Court of Ohio Justice Judith assuredly say that we have truly moved on to bigger and Ann Lanzinger, was one of the most popular presentations better things. For those of you that have never been there, the Judicial College ever offered. If you didn’t see this the Westin is a boutique hotel that will make you proud. earlier course, please don’t miss the new course. You will The OAM Board held its two-day February Board laugh and learn like never before. Meeting at the Westin and we are pleased to confirm that So please make your plans now to be with us from the environment is elegant, the accommodations are first Wednesday, September 29, 2010, to Friday, October 1, rate, the food is high quality and the service is second to 2010. The room rate is only $89 per night and the none. Association is keeping the registration fee at the same While all of the CLE for Fall Conference is not yet $325. finalized, there are two special events we can announce You can even book your room now by utilizing a that we know you will look forward to. Number one is a special link the Westin has already established for our first of its kind presentation by Supreme Court of Ohio Association on their website: www.starwoodmeeting.com/ Justice Paul Pfeifer, tentatively entitled “Significant Ohio book/OAM. Supreme Court Cases.” Number two is a new and exciting See you in September!
The Westin Great Southern Hotel, Columbus, Ohio
4 The Ohio Association of Magistrates Newsletter MENTORING FOR MAGISTRATES©
By Chief Magistrate Gregory F. Clifford First Vice President It will be an outlet for the new magistrates to get answers to troubling questions, learn about best practices, and consider different points of view. It should also promote collegial relationships and active involvement in the Ohio Association of Magistrates. To some people, mentoring is a concept Additionally, as with the Lawyer to Lawyer Mentoring whose time has come. To others, mentoring has been Program, the Mentoring for Magistrates Program© a life-long process. A mentor is defined as a wise will enhance the competence, professionalism, and advisor, a teacher and a coach. Mentoring is a one-on- success of our new members. The better qualified one relationship designed to provide guidance, each magistrate is, the better we can serve our courts support and encouragement. Studies have shown that and the public who rely upon us for justice. people are more successful in their endeavors when It is envisioned that, after we get all of our they have had the supportive involvement of a mentor new members involved in a positive mentoring to help them along the way. relationship, we can share our program’s success with Two years ago, the Supreme Court of Ohio other magistrates who are not yet members as another established the Lawyer to Lawyer Mentoring Program benefit of membership in our organization. With your linking experienced attorneys with new lawyers. The help in reaching out and recruiting new members, we goal of the program is to elevate the competence, can grow to unprecedented strength and stature for professionalism and success of Ohio lawyers through the benefit of all Ohio magistrates and all Ohio positive mentoring relationships. It’s a great idea that Courts. As we continue to strive to provide you with will surely improve our beloved profession. innovative programs, outstanding services, and This year the Ohio Association of Magistrates exciting membership benefits, rest assured that the is designing a pilot mentoring program for newer best is yet to come. magistrates to receive guidance from seasoned magistrates. The concept is to be implemented within each of our Practice Areas: Domestic Relations, Probate, Juvenile, Municipal, and Common Pleas/ Appellate. The respective Practice Area Chairpersons are being requested to identify and recruit volunteer mentors to take the assignment of building a positive mentoring relationship with a colleague within the Practice Area who has three or fewer years as a magistrate. The new magistrates can be identified when they submit their Membership Application form or register for our Spring or Fall Conference. Upon matching each new magistrate with an experienced magistrate, the Practice Area Chairpersons will be able to distribute the mentoring team assignments at the Breakout Session. Ideally, both the new magistrate and the mentor will be present at the time and get acquainted right away. The Magistrate Mentoring relationship should help the new magistrate develop practical skills and increase his or her knowledge, ability and judgment.
The Ohio Association of Magistrates Newsletter 5 Magistrates Serving Ohio’s Judiciary By Magistrate Mark Huberman, Mahoning County Domestic Relations Court
One of the proudest achievements of the OAM is the increasing recognition by the Supreme Court of Ohio and the Ohio Judicial Conference of the important contributions Magistrates make to the Judiciary of Ohio. This is clearly reflected in the appointment of Magistrates recommended by our Association to serve on nearly all key Commissions, Committees and Task Forces of the Supreme Court, and on the Practice and Procedure Committee of the Judicial Conference. We are also proud to have a Magistrate representative on the Executive Committee of the Ohio Domestic Relations Judges Association. Some of the talented Magistrates serving in these key positions are highlighted below:
ALTMAN BILLIAR BOWER CARTER CLIFFORD DAILEY FREEMAN HEJMANOWSKI HUBERMAN
THE SUPREME COURT OF OHIO Advisory Committee on Mental Illness and the Courts Judicial College Board of Trustees Katherine Watkins, Hamilton County Juvenile Court Bill Rickrich, Licking County Domestic Relations Advisory Committee on Specialized Dockets Commission on the Rules of Practice & Procedure Mary Bower, Erie County Juvenile Court Bill Rickrich, Licking County Domestic Relations Advisory Committee on Interpreter Services Commission on the Rules of Superintendence David Hejmanowski, Nancy McMillen, Cuyahoga County Juvenile Court Delaware County Probate/Juvenile Court
Commission on Technology and the Courts Advisory Committee on Domestic Violence Faye List, Lorain County Common Pleas Court Charles Lawrie, Medina Municipal Court
Domestic Violence Task Force Advisory Committee on Children, Family & the Courts Michael Finney, Clermont County Domestic Relations Court Odella Lampkin-Crafter, Carol Hargreaves, Lucas County Domestic Relations Court Franklin County Domestic Relations/Juvenile Court OHIO JUDICIAL CONFERENCE Advisory Committee on Court Security & Emergency Preparedness Magistrates Committee Ken Roll, Lake County Common Pleas Court David Jump, Franklin County Municipal Court Mark Huberman, Advisory Committee on Dispute Resolution Mahoning County Domestic Relations Court Dick Altman, Henry County Domestic Relations/ Juvenile Court Domestic Relations Law & Procedure Committee Amy Billiar, Logan County Common Pleas Court Tom Tompkins, Muskingum County Common Pleas Court
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Coleen Hall Dailey, Probate Law & Procedure Committee Columbiana County Domestic Relations Court Lora Lynne Stalnaker, Lake County Probate Court
Nancy Miller, Lucas County Probate Court Juvenile Law & Procedure Committee
Thomas Freeman, Summit County Juvenile Court JUDICIAL ASSOCIATIONS Alan Carter, Summit County Domestic Relations Court Ohio Association of Domestic Relations Judges Criminal Law & Procedure Committee Coleen Hall Dailey, Gregory Clifford, Cleveland Municipal Court Columbiana County Domestic Relations Court
LAMPKIN- LAWRIE LIST MCMILLEN RICKRICH ROLL STALNAKER TOMPKINS WATKINS CRAFTER
Probate Update By Magistrate Lora Lynne Stalnaker Probate Chair
Governor Strickland signed Senate Bill 106 on December 23, 2010. The bill is effective on March 24, 2010. SB 106 excludes estate and trust proceedings that have limitation periods from the application of the savings statute. SB 106 further modifies the savings statue in wrongful death actions by providing that if a judgment for a plaintiff is reversed or if the plaintiff fails otherwise than on the merits, the plaintiff or the plaintiff’s representative, if the plaintiff dies and the cause of action survives, may commence a new wrongful death action within one year after the date of reversal of the judgment, within one year of the failure otherwise than on the merits, or within the applicable period of limitations,
whichever occurs later. Senate Bill 106 additionally raises the threshold amount for avoidance of guardianship in the settlement of minor or incompetent claims from $10,000 to $25,000 and similarly raises the threshold for termination or avoidance of guardianships of small estates of wards from $10,000 to $25,000. Additionally, the bill modifies the residence requirements for a guardian by requiring a guardian to be a resident of this state instead of a resident of the county. Finally, SB 106 clarifies that termination of marriage revokes any trust provision conferring a beneficial interest on the former spouse. If you would like more information on this or other bills, go to State of Ohio website at http:// www.legislature.state.oh.us/
The Ohio Association of Magistrates Newsletter 7
The Ohio Youth Assessment System: Standardizing Risk and Need Assessment Across Ohio By Edward Latessa, PhD and Brian Lovins, MSW
THE DEVELOPMENT OF THE OYAS structured risk assessment instruments Since The Ohio Youth Assessment System (OYAS) were adapted in the early 1900s there has been a was designed to assist juvenile justice professionals in debate on the utility of risk assessments for judges and providing the most effective interventions for youth magistrates. Early supporters of risk assessment saw an based on their likelihood to reoffend, their opportunity to replace more subjective pre-disposition criminogenic needs, and their barriers to services, while reports and to provide some uniformity to using the least restrictive alternative. To best meet this recommendations (Sliver & Miller, 2002). In contrast, goal, five unique instruments were designed to assess adversaries of risk assessments argued that decisions youth at each stage of the juvenile justice system. The should be based solely on the merits of the case. For first two, OYAS-Diversion and OYAS-Detention, are criminal courts this may be more appropriate, but for used pre-adjudicatory and are expected to help juvenile juvenile courts where rehabilitation still remains one of justice professionals determine what type of formal the primary goals, new generation assessment tools can interventions are needed to address the youth’s level of be very useful in assisting in making disposition risk and need most effectively. The next three, decisions regarding youth (Shook & Sarri, 2007). OYAS-Disposition, OYAS-Residential, and OYAS-Reentry, In 2002 the Ohio Department of Youth Services are created to help best serve youth post-adjudication. contracted with the University of Cincinnati to examine The following sections provide a brief introduction to the effectiveness of community, residential and the tools. institutional programs across the state in reducing recidivism. Results of this study demonstrated that IVERSION This tool is designed to assist juvenile lower risk youth fared better in community programs D : while higher risk youth were more likely to do better in courts to identify youth who can be safely diverted from more intensive programs. The results of this study shed further contact in the juvenile justice system. This tool light on the necessity of understanding the impact of consists of six items and can be completed from a file risk on the youth served in the juvenile justice system review or interview in about 10 minutes. (Lowenkamp & Latessa, 2005). To better understand the “state” of risk DETENTION: This instrument is geared for use with assessment in Ohio, ODYS conducted a survey of the youth being considered for detention. It will allow for courts to determine which risk assessments were being low risk youth to be diverted from detention prior to a utilized. The results were staggering. Of the 88 counties, court hearing. This instrument consists of six items 77 different risk assessments were used to measure the and is completed through a brief face-to-face interview risk and needs of the youth. The large number of that takes about 10 minutes to complete. different assessment instruments made it apparent that there was a need for a common assessment process. DISPOSITION: For those youth adjudicated by the Director Thomas Stickrath seized the opportunity and court, this comprehensive tool will assess the risk of initiated the development of a statewide risk assessment reoffending, identify important criminogenic needs as that would be available to all 88 counties and ODYS. well as barriers to treatment, and provide case planning Thus, DYS commissioned the University of Cincinnati capabilities. This tool covers seven domains, including (UC) to research and develop an assessment process, criminal history, family, education/employment, and sought and received a grant from the Office of pro-social skill sets, substance abuse/mental health/ Juvenile Justice Delinquency and Prevention to assist in personality, peers, and antisocial attitudes. funding the project. In order to develop the tools, UC worked collaboratively with DYS, juvenile courts, RESIDENTIAL: This tool provides residential programs community corrections facilities, and community the ability to accurately assess youth’s level of risk and programs through the development of a pilot team that areas of criminogenic needs. The tool can assist in supplied insight and support to the project. determining the appropriate level of placement.
8 The Ohio Association of Magistrates Newsletter
Similar to the Disposition tool, the Residential tool About the Author: Edward J. Latessa received his PhD includes the same seven domain areas. from The Ohio State University in 1979 and is a professor and director of the School of Criminal Justice REENTRY: The Reentry tool provides programs an at the University of Cincinnati. Dr. Latessa has opportunity to reassess youth after being in a published over 110 works in the area of criminal justice, residential program for an extended period of time. corrections and juvenile justice. He is co-author of The Reentry tool is based on the same domains as the seven books including Corrections in the Community and Disposition and Residential tools but is scored based on Corrections in America. Professor Latessa has directed the youth’s progress in the program. The Reentry tool over 100 funded research projects including studies of will be used in conjunction with post-program supervision to ensure successful transition to the day reporting centers, juvenile justice programs, drug community. courts, intensive supervision programs, halfway houses The results of the OYAS are useful to the court and drug programs. He and his staff have also assessed on two levels. On one level, risk prediction provides over 550 correctional programs throughout the United the court with the most accurate measure of the States, and he has provided assistance and workshops in likelihood a youth will engage in future delinquency. over forty states. Dr. Latessa served as President of the Knowing the likelihood of delinquent behavior can Academy of Criminal Justice Sciences (1989-90). He provide the court with valuable information for risk has also received several awards including The Mark management, balancing the risk of the community with Hatfield Award for Contributions in public policy the needs of the youth (Heilbrun, 1997). research by The Hatfield School of Government at On the other level, the OYAS provides the Portland State University, the Outstanding court with information that informs a management Achievement Award by the National Juvenile Justice model of youth (Heilbrun, 1997). Youth who score low risk have lesser needs resulting in less intensive services Court Services Association (2007), the August Vollmer while higher risk youth will need more intensive Award from the American Society of Criminology services. Additionally, the OYAS provides the court with (2004), the Simon Dinitz Criminal Justice Research the ability to measure the youth’s progress in treatment Award from the Ohio Department of Rehabilitation allowing for the juvenile justice system to re-evaluate and Correction (2002), the Margaret Mead Award for the youth’s risk and needs on an on-going basis. dedicated service to the causes of social justice and Ultimately, the decision that judges and humanitarian advancement by the International magistrates make is balanced between what is best for Community Corrections Association (2001), the Peter the youth as well as the community. The incorporation P. Lejins Award for Research from the American of information from the OYAS, or any valid assessment, Correctional Association (1999), ACJS Fellow Award provides the court with invaluable insight into both (1998); ACJS Founders Award (1992) and the Simon community safety and individual needs. Once fully implemented, the OYAS will allow for the standardized Dinitz award by the Ohio Community Corrections assessment of youth from arrest to release across the Organization. state of Ohio. The views expressed in this article reflect those of the authors.
REFERENCES
Heilbrun, K (1997). Prediction Versus Management Shook, J & Sarri, R (2007). Structured decision Models Relevant to Risk Assessment: The making in juvenile justice: Judges’ and probation Importance of Legal Decision-Making Context. Law officers’ perceptions and use. Children and Youth and Human Behavior, 21(4). Services Review. 29, 1335-1351.
Lowenkamp, C & E. Latessa (2005). Evaluation of Sliver & Miller (2002). A cautionary note on the use Ohio’s RECLAIM funded programs, Community of actuarial risk assessment tools for social control. Corrections Facilities, and DYS Facilities. Crime & Delinquency, 48(1), 138-161.
The Ohio Association of Magistrates Newsletter 9
Juvenile Update By Magistrate Thomas Freeman Juvenile Chair
THE SUPREME COURT OF OHIO 2907.31(A), as applied to electronic communications, to personally directed devices such as instant On January 27, 2010, the Supreme Court of messaging, person-to-person e-mails, and private chat Ohio, in American Booksellers Foundation for Free Expression rooms?” 2. “Is the Attorney General correct in v. Codray, No. 2010-149, in response to a request from construing R.C. 2907.31(D) to exempt from liability the United States Sixth Circuit Court of Appeals, issued material posted on generally accessible websites and an opinion addressing the scope of R.C. 2907.31 in public chat rooms?” regarding the electronic dissemination of material The Supreme Court of Ohio, in a unanimous harmful to juveniles. decision, concluded that, “(b)ased on the plain R.C. 2907.31 prohibits the direct dissemination language of R.C. 2907.31(D), we answer both certified or offer to disseminate to a juvenile any material or questions in the affirmative.” The Court held that a performance that is “obscene or harmful to juveniles” as person who posts matter harmful to juveniles on those terms are defined elsewhere in state law. Section generally accessible websites and in public chat rooms D of the statute prohibits the dissemination of harmful does not violate R.C. 2907.31(D), because such a or obscene material to a juvenile “by means of an posting does not enable that person to prevent a electronic method of remotely transmitting particular recipient from receiving the information. information.” The law exempts from prosecution 1) a person who “has inadequate information to know or NINTH DISTRICT COURT OF APPEALS have reason to believe that a particular recipient of (adult material) is a juvenile” and 2) a person making On February 8, 2010, the Ninth District Court adult material available electronically if “the method of of Appeals issued an opinion in In Re: T.L., 2010-Ohio mass distribution does not provide the person the ability -402, in which it concluded the juvenile court to prevent a particular recipient from receiving the committed plain error by imposing separate information.” dispositions on allied offenses of similar import. T.L., In 2007, the U.S. District Court for the a juvenile, was charged and adjudicated delinquent of Southern District of Ohio granted an injunction sought both rape and gross sexual imposition for a single by the American Booksellers Foundation for Free incident with another minor victim. At disposition, Expression barring the state attorney general and the juvenile court ordered that T.L. be committed to county prosecutors from enforcing the provisions of DYS for a minimum of one year, up to the age of 21, R.C. 2907.31 that address electronic dissemination of on the charge of rape; and for a minimum of six harmful or obscene materials. The district court based months, up to the age of 21, on the charge of gross its ruling on findings that the challenged provisions are sexual imposition, with the commitments to run unconstitutionally “overbroad” and “violate the strict concurrently. It was conceded that the offenses of scrutiny test of the First Amendment.” The state rape and gross sexual imposition constituted allied appealed the district court’s ruling to the United States offenses of similar import. T.L. appealed. Sixth Circuit Court of Appeals. On appeal, the Ninth District, relying upon After reviewing the parties’ written pleadings, recent decisions of the Supreme Court of Ohio, the Sixth Circuit requested the Supreme Court of Ohio concluded that the imposition of separate sentences to review the statutory language under dispute and the for allied offenses of similar import constitutes plain interpretation of that language advanced by the error. In State v. Whitfield, Case No. 2010-Ohio-2, the attorney general, and then to answer two specific Supreme Court of Ohio, on January 5, 2010, issued an questions: 1. “Is the Attorney General correct in opinion addressing procedures to be followed by construing R.C. 2907.31(D) to limit the scope of R.C. Ohio courts in correcting criminal sentences in which
10 The Ohio Association of Magistrates Newsletter
a defendant has improperly received multiple assault, assault, aggravated menacing, menacing by punishments for convictions that should have been stalking, menacing, or aggravated trespass, a sexually merged as “allied offenses of similar import.” oriented offense, or a violation of a municipal At the outset, the Supreme Court noted that a ordinance that is substantially equivalent to any of defendant may be indicted and tried for allied offenses those offenses against the person, and (2) the of similar import, but may be sentenced on only one of respondent is less than 18 years of age. the allied offenses in adherence to the constitutional Provides that a petition for a criminal protection prohibition against double jeopardy and the order against a minor respondent may be filed by any prohibition contained in R.C. 2941.25. The Supreme person on behalf of that person, any parent or adult Court held, ”When confronted with allied offenses, a family or household member on behalf of any other court must be guided by two principles: that R.C. family or household member, or any person who is 2941.25(A) prohibits “convictions” for allied offenses determined by the court in its discretion as an and that the state controls which of the two allied appropriate person to seek relief on behalf of any child. offenses the defendant will be sentenced on. When the Authorizes the juvenile court, after appropriate state elects which of the two allied offenses to seek hearings, to issue a criminal protection order that sentencing for, the court must accept the state’s choice contains terms designed to ensure the safety and and merge the crimes into a single conviction for protection of the person to be protected, including the sentencing, Brown, 119 Ohio St.3d 447, 2008-Ohio- electronic monitoring of the respondent upon certain 4569, 895 N.E.2d 149, and impose a sentence that is allegations and findings, and requires the protection appropriate for the merged offense.” However, order to clearly state that the person to be protected because R.C. 2941.25(A) protects a defendant only cannot waive or nullify by invitation or consent any from being punished for allied offenses, the requirement in the order. determination of the defendant’s guilt for committing Provides that the juvenile court may determine if allied offenses remains intact, both before and after the the respondent who is less than 18 years of age is merger of allied offenses for sentencing. Thus, the trial entitled to court-appointed counsel in the proceeding court should not vacate or dismiss the guilt for a criminal protection order. determination. Allows victims of domestic violence to apply for a civil protection order or consent agreement in the LEGISLATIVE UPDATE juvenile division of the court of common pleas of the county in which the person to be protected resides if H.B. 10 is currently pending consideration by the respondent is under 18 years of age. the legislature. The bill modifies the procedure for Requires that a criminal protection order or a obtaining a protection order regarding a juvenile civil protection order or consent agreement against a respondant. respondent who is under 18 years of age include a provision that the juvenile court will expunge the BILL SUMMARY records of the proceeding in which the order is issued Provides that the existing procedure for filing a or the agreement approved not later than 30 days after petition for a protection order for the alleged the respondent attains 18 years of age unless the commission of menacing by stalking or a sexually petitioner provides the court with evidence that the oriented offense applies to offenders who are 18 years respondent has not complied with all of the terms of of age or older. the order or agreement and requires the order or Requires a petition for a protection order against agreement to specify the date when the respondent a respondent who is a minor to be filed in the juvenile attains 18 years of age. division of the court of common pleas in the county in Requires a juvenile court that issues a criminal or which the petitioner resides. civil protection order or approves a consent agreement Creates a procedure in the Juvenile Code, against a person who is under 18 years of age to parallel to the existing procedure, for seeking a expunge all of the records of the proceeding in which criminal protection order against a minor respondent the order was issued or the agreement approved not pursuant to which a person alleges that (1) the later than 30 days after the person against whom the respondent committed felonious assault, aggravated order was issued or the agreement approved attains 18
The Ohio Association of Magistrates Newsletter 11 years of age if the court determines that the person has child is in need of protective services and to notify the complied with all of the terms of the order or appropriate school attendance officer or assistant if agreement and requires a juvenile court to expunge all the PCSA discovers facts that may support an of the records in the applicable proceeding if it does adjudication that a child is lacking legally required not issue any criminal protection order or civil education and authorizes a PCSA to apply for a court protection order or approve any consent agreement in order directing that steps be taken to ensure that a the proceeding. child receives legally required education. Includes violating a criminal or civil protection Requires any person responsible for reporting order or a consent agreement obtained against a or investigating alleged violations of or enforcing the respondent who is under 18 years of age under the compulsory school attendance laws who knows or above described procedures in a juvenile court within suspects that a child is in need of protective services the offense of "violating a protection order." for any reason other than that the child may be Expands the jurisdiction of the juvenile court to lacking legally required education to report that hear and determine matters involving protection knowledge or suspicion to the appropriate PCSA for orders or consent agreements against a child and to its standard assessment or investigation. enforce those orders or agreements until a date certain Authorizes a school attendance officer or but not later than the date the child attains 18 years of assistant to provide written notice to an appropriate age. PCSA if the officer or assistant believes that the Includes a foster parent in the definition of PCSA's intervention may help to assist a child who is "family or household member" in the criminal and civil lacking legally required education. domestic violence laws. Requires a PCSA to investigate, within 24 hours, any report it receives of evidence that a child is in H.B. 371 Children in Need of Protective need of protective services and provides that a PSCA Services (CHIPS) may investigate such a report only if there is a reason to believe that any alleged injury, harm, or risk of
injury or harm to the child resulted from an act or This bill is currently before the legislature for omission by the child's parent, legal guardian, or legal consideration. The bill contemplates changes to custodian. dependency, neglect and abuse cases. Requires a juvenile court to comply with the
definitional sections of the bill, specifies the BILL SUMMARY evidentiary basis and required findings for an Expresses the General Assembly's intent adjudication that a child is in need of protective regarding children in need of protective services and services, and requires the appointment of a guardian the purposes of the state's child services and protection ad litem in any case involving an alleged or system. adjudicated child in need of protective services. Repeals existing definitions of "abused child," Provides that a juvenile court may adjudicate a "neglected child," and "dependent child," defines child to be in need of protective services only if it "child in need of protective services," and defines terms finds from clear and convincing evidence that the used within the definition of "child in need of physical, sexual, or emotional harm or substantial risk protective services." of such harm to the child, exposure to substance Replaces "abused child," "neglected child," and abuse, or lack of necessary health care, legally "dependent child," wherever they are used individually required education, or necessary care or supervision or in combination in the Revised Code, with "child in resulted from an act or omission by a parent, legal guardian, need of protective services," in some places with and in or legal custodial of the child. other places without qualifying language to limit the Authorizes a law enforcement officer or officer scope of "child in need of protective services." of the court to take a child into custody when there Requires a public children services agency are reasonable grounds to believe that the child's (PCSA) to provide written notice of the rights of and parent, guardian, or custodian committed an act or services available to a parent, legal guardian, or legal omission that indicates that the child is a child in custodian of a child who is the subject of a report that a (Continued on page 17)
12 The Ohio Association of Magistrates Newsletter The Allocation of Committee is working on a draft for Ohio, which would more closely resemble the model act and provide for con- Parental Rights & tact between the child and the deploying parent and the deploying parent’s family. The model act, at least in its current version, Military Deployment would provide the following:
By Magistrate Coleen Hall Dailey DELEGATION OF VISITATION RIGHTS. Domestic Relations Chair Upon motion of the deploying parent, the court may delegate his or her visitation rights, or a portion of them, to a family member with a close Since September 11, 2001, Ohioans have seen an and substantial relationship to the minor child or increase in the number of military personnel who are children for the duration of the deployment if being deployed overseas to active war zones. Ohio has this is in the child’s best interest. Such delegated one military installation in the Dayton area at parenting time or access does not create an Wright-Patterson AFB and we have a National Guard entitlement or standing to assert separate rights presence in 54 of our 88 counties. In 2008 Ohio had a to parenting time or access for any person other deployment of 2400 Army and 2300 Air Guardmembers in than a parent, and shall terminate by operation of support of Operation Iraqi Freedom, Enduring Freedom, law upon the end of the deployment, as set forth Joint Guardian and the Multinational Force and above. Observers. This information is from the Ohio National Guard 2006-2008 Annual Report. This delegation of rights lasts only for the period While statistics are not available to determine the of deployment and would not create an independent right impact on divorce rates in Ohio, nationally for FY 2008, of the deploying parent’s family members once the the overall divorce rate for the Army was 3.5 percent, Air deployment has ended. This provision is particularly Force was 3.5 percent, Navy was 3 percent and the Marines useful if the communications between the residential was 3.5 percent. While this is about the average as parent and the deploying parent are poor. In many of our compared with the general population for the United cases it is difficult enough for the non-residential parent States for that same time period, 3.6 percent for the 12 to have phone contact with the minor child or children months preceding February 2008, military divorces and when they live in the same city. Imagine how subsequent deployments present unique problems for communications fair when thousands of miles, a war and families and the courts. military obligations are factored in to the equation. The Federal government has been looking at a In the current military situations communications proposal to pass a federal law concerning military custody between the deployed servicemember and the child or issues. At the time of the writing of this article no bill has family can occur on a more frequent basis. Gone are the been introduced and the ABA, at its 2009 midyear days when one waited for a letter. In today’s military meeting, approved a resolution that opposed enactment deployed members can contact their family by e-mail and, of federal legislation that would create federal question if available, web-cam. Soldiers who are deployed still have jurisdiction in child custody cases involving the ability to watch their children grow during the six servicemember-parents. The resolution further urged months to a year they are away if the child has a way to states to enact legislation prohibiting denial of child have contact. The delegation of rights provides for that custody to a servicemember based solely on absence due type of contact in situations where communications are to military deployment. The ABA is now considering a poor or non-existent between the parents. It is also a good model statute for states to adopt. way to keep the child in contact with grandparents, A few years ago, Ohio adopted O.R.C. §3109.04(I) half-siblings or other family members, contact that may to address the issue of custody during a military not happen if the deployed member is not around. deployment. That statute provides a few of the protections The ABA may have a model military custody from the model statute by providing for pre-deployment statute by the fall. Ohio will certainly be working on ours hearings and post-deployment hearings but does nothing over the spring and summer with hopes of passage by the to ensure contact between a child and the deployed OSBA and introduction to the legislature later this year. If parent. The Ohio State Bar Association Family Law you wish for a copy of the current model statute, the ABA
(Continued on page 16)
The Ohio Association of Magistrates Newsletter 13 Prior to 1691, the Common Law witnessed strong A History of the Law resistance from its competitor bodies of law. According to Early American Law and Society by Stephen Botein, a in America: Sources Dutch resident of New York expressed his dislike for the Common Law, stating that he “valued no English law no more than a Turd.” of American Law Mosaic law and Roman law prevailed throughout most of New England and parts of Long Island. Colonial laws were constantly changing to By Magistrate Bill Rickrich reflect the dynamic circumstances of the New World. Licking County Domestic Relations Court Further, colonies often selectively borrowed, more or less, from each other’s laws, choosing components that fit their unique circumstances and rejecting those Throughout the years, American lawyers and elements that did not do so. judges have maintained that the English Common Law The English Common Law was also a part of was the only body of law that early Americans drew American law during the colonial period. English from for their own law. Further, some of these parliamentary statutes that had been enacted before practitioners and jurists have assumed that the English the settlement of each particular colony were a Common Law was adopted by the American colonies component of that colony’s legal system. Parliamentary early on in their development and its incorporation was laws enacted after a particular colony was settled were inevitable and not controversial. not part of that colony’s laws unless they were made Writing in “King’s Law and Local Custom in explicitly applicable to that colony. Seventeenth Century New England” in the Columbia New England was a special situation. Prior to Law Review in 1931, historian Julius Goebel stated that the 1690s, Massachusetts Bay Colony vigorously it would have been very unlikely that New England opposed the extension of English Parliamentary laws settlers would have recreated the Common Law “as into its legal system. John Winthrop trumpeted, “our absurd as to expect that they would establish a religious allegiance binds us not to the laws of England any system on the principles of the Anglican Church.” longer than while we live in England, for the laws of the Instead, he postulated that when the settlers created a Parliament of England reach no further nor do the new legal system, they would have looked to the body of king’s writs under the great seal go any further.” law with which they were most familiar: the local and (American Legal History, Hall, Finkleman and Ely, 3rd customary law of the type practiced in manorial and edition, 2005.) In 1678, the General Court of local county courts throughout England. Later Massachusetts Bay took umbrage to Parliament’s historical research has confirmed Goebel’s thesis. The Navigation Acts, taking the position that “the lawes of result, as Daniel Boorstin wrote in 1958 in The Ameri- England are bounded within fower seas, and doe not cans: The Colonial Experience, was a hodgepodge of law, reach America.” In 1776, John Adams repeated this “a layman’s version of English legal institutions.” view when he wrote under the name “Novanglus” that The example of New York during the “Our ancestors were entitled to the common law of proprietary period of 1664 until 1684 illustrates England when they emigrated, that is, to just so much Goebel’s and Boorstin’s point. During this period there of it as they pleased to adopt, and no more. They were were no fewer than five separate bodies of law and not bound or obliged to submit to it, unless they judicial systems that came into play: Dutch civil law, chose.” (“Novanglus,” in Works of John Adams, ed. which was derived from Roman law; the “Bible Codes” Charles Francis Adams, Boston, Little, Brown, 1851.) of the immigrants from Connecticut who settled in This brief overview, then, illustrates the Westchester County and on Long Island; the laws and heterogeneous mixture of bodies of law that influenced rules enforced in the manorial courts on Long Island and helped form the legal systems of the colonies and and to the north along the Hudson River valley; the eventually gave rise to the laws and Constitution of the new statutes that were adopted by the colonial United States in the later portion of the eighteenth legislature; and the Common Law, which was made century. applicable to New York in the legal reform of 1691.
14 The Ohio Association of Magistrates Newsletter that her computer was disposed of prior to the Authenticating commencement of litigation. Id. ¶8. The trial court ruled that some of the exhibits were authenticated, while at least Instant Messaging one was not. In particular, the following IM was admitted: “I’m really sorry about the house I did try and when I get as Evidence my money you will get yours …” Id. ¶18. The Court of Appeals applied the following standard when it held the trial court properly By Magistrate Michele Worobiec authenticated computer messages based upon Adam’s Marion Municipal Court testimony: Thus, ‘[i]t is clear that the connection between a Thanks to technology, many people use online message (either oral or written) and its source may be chatting, Facebook, Twitter, and YouTube to announce established by circumstantial evidence.’ * * * Moreover, their current relationships, opinions of a recent job, or ‘[a]ny combination of items of evidence illustrated by Rule otherwise let the world in on anything that seems 901(b) * * * will suffice so long as Rule 901(a) is important at 2:14 a.m. Of course, having those same satisfied.’ * * * Finally, ‘[t]he burden of proof for messages later presented as evidence in a lawsuit against authentication is slight.’ you can have a sobering effect … for the litigant as well as * * * We have explained that[:] ‘the showing of the judge or magistrate determining whether they are authenticity is not on a par with more technical admissible. Such was a case I heard that made its way up evidentiary rules, such as hearsay exceptions, governing to the Third District Court of Appeals. Adams v. admissibility. Rather, there need be only a prima facie Disbennett, 2008 WL 4615623, 2008-Ohio-5398 (Ohio App. showing, to the court, of authenticity, not a full argument 3 Dist. Oct 20, 2008) (NO. 9-08-14); appeal not on admissibility. Once a prima facie case is made, the allowed by Adams v. Disbennett, 121 Ohio St.3d 1410, 902 evidence goes to the jury and it is the jury who will N.E.2d 34, 2009-Ohio-805 (Ohio Mar 04, 2009) (Table, ultimately determine the authenticity of the evidence, not NO. 2008-2312). the court. The only requirement is that there has been The facts were not unusual for my courtroom. substantial evidence from which they could infer that the While Adams and Disbennett were dating they spent document was authentic.’ State ex rel. Montgomery v. Villa money on one another. Once the relationship ended, (1995), 101 Ohio App.3d 478, 484-485, 655 N.E.2d 1342. Adams demanded a $10,000 “loan” to save her house from United States v. Reilly (C.A.3, 1994), 33 F.3d 1396, 1404, foreclosure be repaid, while Disbennett argued that the [internal quotations omitted]. expenditure was a “gift” with no strings attached. Adams Another consideration for the court is what attempted to introduce Instant Message (“IM”) records in constitutes an “original” of the IM. Disbennett argued support of his case. He argued the records were relevant, Adams must bring his computer’s hard drive and retrieve the probative value of the evidence clearly outweighed any the messages in open court. At trial, she even argued a unfair prejudice, the printouts should be considered video tape of the computer screen while the IM were originals pursuant to Evid.R. 1001(3), and the records originally received should be required. The Court of were authenticated under Evid.R. 901. Id.¶5. Appeals held the Rules of Evidence do not impose such a Adams testified that “Bob99HD” was his IM burden upon a plaintiff. Evid.R. 1001(3) defines original” screenname, or his online identity; that “Diane as, “[a]n ‘original’ of a writing or recording is the writing Disbennett” was how her name came up on his computer or recording itself or any counterpart intended to have the even though her screennames were “sexybitch43302” and same effect by a person executing or issuing it. * * * If data “mzz_dakota43302;” that he had not changed any of the are stored in a computer or similar device, any printout or messages; that Exhibit D was a print out of what he other output readable by sight, shown to reflect the data observed on his computer screen; and that Exhibit E was a accurately, is an ‘original.’ Id. at¶10. compilation of messages from various dates, with each Adams would have still won this portion of his page representing a different day's conversation. Adams case without the admission of the IM. However, when also testified that the messages contained information that authenticity standards are reached and originals are would have been private between himself and produced, instant messages and other sources of raw, Disbennett. Disbennett stated only that she could not unfiltered communication can be very helpful in recall typing the messages Adams attributed to her, and determining the facts and ultimate outcome of a case.
The Ohio Association of Magistrates Newsletter 15 (News Around Ohio; Continued from page 2)
Don’s support has helped the OAM grow from its humble University Law School and a 1992 graduate of Miami beginnings to a current membership of more than 500 University. We congratulate Kirk and wish him the best of magistrates throughout Ohio. luck in his new position. Magistrate Martin authored a chapter titled “Parental Finally, Franklin County Probate Judge Eric Brown Rights and Shared Parenting” in Sowald Morganstern Domestic has announced his candidacy for Chief Justice of the Relations Law, 4th (Baldwin’s Ohio Practice). He has worked Supreme Court of Ohio. Judge Brown served as a tirelessly to educate both the judiciary and the bar on issues magistrate of the Franklin County Court of Common Pleas, of domestic relations and juvenile law. He has taught for General Division from 2002 to 2004. We wish Judge Brown the Supreme Court of Ohio Judicial College, the Columbus the best of luck in the campaign. Bar Association and the Ohio CLE Institute. Don received If you are a magistrate in the Tenth District and the 2004 Award of Merit from the Columbus Bar have personal or professional news that would be of interest Association in honor of his service. to other magistrates in the OAM, please notify David Jump, Don’s years of service have left an indelible mark for inclusion in future editions of the OAM Newsletter. on the Franklin County Domestic Relations and Juvenile Court. He has mentored countless new magistrates with his Twelfth District Report reassuring nature, calm support and sound advice. On a By Michael J. Finney Twelfth District Representative personal note, Don provided great help to me many years ago as a young lawyer practicing in DR Court. Don’s level- Kathleen M. Rodenberg has announced her headed approach to managing people and problems will be candidacy for the November 2010 election for Judge of the greatly missed. Clermont County Court of Common Pleas, Division of In retirement, Don will now be able to give more Domestic Relations. Kathleen is a former referee and attention to his many hobbies, including playing guitar, magistrate of that court. She continues to serve the court softball and golf. As a goodbye gift, the staff of his Court as a Guardian ad Litem. gave Don a beautiful new Martin guitar. All of us in the Kathleen also currently serves as the Civil Tenth District and throughout the OAM wish Don great Magistrate for the Clermont County Municipal Court on a success and happiness in retirement and much enjoyment part time basis, in addition to her private practice. She is a with that guitar. I am happy to report that Don has already member of the OAM. As of this writing, she is unopposed. renewed his membership in the OAM as a retired member If any of you in the Twelfth District has similar and he plans to attend this year’s Fall Conference. Maybe news. I would appreciate your passing it along to me. Don will play the guitar for all of us outside the Hospitality Suite. Oh, and as for that $10, the check is in the mail. In other news from the Franklin County Domestic Relations and Juvenile Court, Magistrate Charles “Chip” (The Allocation of Parental Rights & Military Jones has replaced Don Martin as Chief Magistrate. Chip Deployment; Continued from page 13) has been a magistrate with the Court for more than 25 years and is a long time member of the OAM. Magistrate resolution or a similar statute under consideration in Gina Palmer, another long time member of the OAM, Vermont, please contact me at [email protected]. If this moved into Chip’s former position as Lead Domestic legislation is introduced in the Ohio Legislature, I urge Magistrate. The OAM congratulates Chip and Gina on their you to take a careful look at it as I am hoping the OAM promotions and wishes both of them all the best in their will support it. new positions. If you are a Magistrate that has dealt with the The Franklin County Municipal Court has allocation of parental rights and deployment issues, please appointed Kirk Lindsey to be a full-time magistrate forward to me either a copy of your decision or a synopsis. replacing Mark Hummer, who was elected a judge of the I am attempting to gather information on this issue for court. Kirk has been with the Court for three years as Ohio. Supervisor of Legal Research and has also served as a part-time magistrate. Kirk’s prior experience includes service as a hearing officer for the Unemployment Compensation Review Commission, two years as Assistant State Solicitor, three years in the private practice of law and two years as a law clerk for United States District Court Judge James L. Graham. Kirk is a 1996 graduate of Capital
16 The Ohio Association of Magistrates Newsletter (Juvenile Update; Continued from page 12) need of protective services or when a parent, OPERS Recommends Changes guardian, custodian, or other household member of the child's household has caused another child in the to Retirement Plan Eligibility household to become a child in need of By Chief Magistrate Michael J. Finney protective services and to believe that the child is in Clermont County Domestic Relations Court danger of immediate or threatened physical or emotional harm from that person. The Ohio Retirement Study Council (ORSC) Modifies findings that support an award of is the legislative body for Ohio’s public retirement custody of a child to a PCSA or a private child systems. The ORSC requested that the board of each placing agency. public retirement system recommend retirement plan Prohibits false reports regarding acts or benefit changes in response to impact of the 2008 omissions that resulted in a child being a child in need economic decline. The OPERS Board recommends several changes. Go to https://www.opers.org/news/ of protective services due to physical harm, sexual ORSC/index.shtml and click on “View: Recommended harm, emotional harm, or harm by exposure to Benefit Plan Changes” to see what has been proposed. substance misuse. It is important to note that none of these Makes endangering children a felony of the recommendations have yet been introduced in a bill fourth degree if the offender was previously before the General Assembly. However, it is safe to convicted of an offense that involved permitting or assume that some, if not all, of these recommendations causing a child to become a child in need of will eventually be included in legislation. Given the protective services. current economic crisis and the attitudes expressed in the media regarding public pensions, it is likely that H.B. 132 Sexting by minors these or similar recommendations will be enacted. Is a bill to enact section 2907.324 of the Revised If you have service credit that you can Code to prohibit a minor, by use of a telecommunications purchase, I would recommend that you do so as soon device, from recklessly creating, receiving, exchanging, as possible. By doing so, you may be able to move up sending, or possessing a photograph or other material from Group C to Group B, or from Group B to Group showing a minor in a state of nudity. A. Moreover, the cost to purchase service credit has increased in the past, and is expected to increase BILL SUMMARY again. There are various types of prior service that Prohibits a minor, by use of a you may be eligible to purchase. These include credit telecommunications device, from recklessly creating, of up to five years for positions held out-of-sate, with receiving, exchanging, sending, or possessing a the federal government or with an Ohio municipal photograph or other material showing a minor in a state retirement system. Up to five years of military service of nudity. may be purchased. Active duty and training activities Specifies that a violation of the prohibition in the National Guard or the reserves may also be described in the preceding dot point is a delinquent act purchased. Up to ten years of free service credit may that would be a misdemeanor of the first degree if it be granted if you left public employment for active could be committed by an adult. duty in the armed forces. Leave of absence time may HB 10, HB 371, and HB 132 have been be purchased. Also, you may purchase service credit introduced for consideration by the legislature and if that was previously covered by a valid exemption enacted would have a significant impact upon the under OPERS. Juvenile courts. However, at this time the bills remain Service credits may be purchased in a variety under consideration in the legislature and there is no of ways, such as by payroll deduction or by means of a certainty that either bill will ultimately be approved or plan-to-plan transfer from a 457(b) or 403(b) plan. enacted into law. The OPERS website is www.opers.org, and the telephone number is 1-800-222-7377. I recently purchased some prior service. I found the process to be very easy. The counselors at OPERS can assist you with this, or any other, retirement issue.
The Ohio Association of Magistrates Newsletter 17
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