T  S C of O 

TWENTY TWENTY ANNUAL REPORT

2020 T    Annual Report S  O  f   o  C

Maureen O’Connor CHIEF JUSTICE

Sharon L. Kennedy Judith L. French Patrick F. Fischer R. Patrick DeWine Michael P. Donnelly Melody J. Stewart JUSTICES

Jeffrey C. Hagler ADMINISTRATIVE DIRECTOR

Stephanie E. Hess DEPUTY ADMINISTRATIVE DIRECTOR

DEAR OHIOANS: What a life-changing year 2020 turned out to be! We started the year in a rather routine manner. But in about 10 short weeks, the COVID-19 crisis found its way to our state and courts. By mid-March, normal times were gone. Yet, we kept our courts operating across the state with proactive and innovative approaches to social distancing and remote technology. Our courts proved that strict public health guidelines could be observed while maintaining our commitment to court access for Ohioans. Caution reigned at our 300-plus courtrooms. We put common sense and courtesy to work for the benefit of citizens who came before the bench, as well as for staff members, attorneys, magistrates, and judges. Not one Supreme Court session was delayed or postponed during the COVID pandemic thanks to our use of virtual technology for oral arguments. We diverted $6 million in Supreme Court funds to local courts so they could follow our lead into remote technologies, keeping their doors open as much as possible while holding sessions remotely and maximizing safety precautions. The pandemic has been a trying time for trial courts. I am beyond proud of how judges, court staff, and our Supreme Court staff pivoted quickly to ensure judicial matters were resolved as expeditiously as possible while emergency situations were addressed urgently. The pages of this report describe the earnestness of our efforts and the inspired initiative we employed in our work. I also want to note that we intend to turn the technological lessons learned into greater access to justice in our state. Not even three months into the worldwide health emergency, our country endured another kind of deep crisis –the death of George Floyd by Minneapolis police and the civic unrest that followed. Columbus wasn’t immune to the discontent and, sadly, our beloved Thomas J. Moyer Ohio Judicial Center, one block from the Statehouse where hundreds gathered day after day, suffered damage at the hands of vandals who took advantage of those who had legitimate reason to protest. Our facilities and security staff members worked tirelessly and without delay to secure our building from further harm and restore it as quickly as possible to its enduring beauty. This document, too, provides a look at those events. As this report is published in 2021, we remain in the midst of a public health emergency and we still are acting with great caution. Yet, we do so knowing these labors will benefit our future. My fellow justices join me in commending our staff members and the judges of Ohio for their remarkable efforts during these extraordinary times. May we never experience another year like 2020. But if we do, we stand ready to act responsibly and with a clear mission to carry out fair and equal justice. God Bless,

Maureen O’Connor Chief Justice TABLE OF CONTENTS 1 2 11 SUPREME COURT SUPREME COURT RULE CHANGES OF OHIO DECISIONS

12 14 17 COURT BUILDING SUPREME COURT AIDS CHIEF JUSTICE REPAIRED WHILE LOCAL JURISDICTIONS CONVENES TASK SOCIAL ISSUES PERSIST THROUGHOUT FORCE ON WRONGFUL PANDEMIC CONVICTIONS

EXTRAORDINARY EXAM: STATE’S FIRST UBE HELD VIRTUALLY

18 20 22 STRIVING TOWARD JUSTICE FRENCH CHIEF JUSTICE CREATES JUSTICE WITH DATA TENURE REFLECTS REMOTE TECHNOLOGY ‘ENERGY AND TASK FORCE DEVOTION’ JUSTICES MAKE HEADLINES IN NATIONAL PUBLICATIONS 23 24 28 STAFF NOTES 2020 YEAR IN REVIEW ADMINISTRATIVE OPERATIONS

29 33 35 CASE STATISTICS JUDICIARY/SUPREME 2020 ADMINISTRATIVE COURT OPERATING STRUCTURE EXPENDITURES

36 40 BOARDS, VISITING JUDGES COMMISSIONS, ADVISORY COMMITTEES, AND TASK FORCES SUPREME COURT OF OHIO

STANDING, FROM LEFT TO RIGHT: Justice Michael P. Donnelly, Justice Patrick F. Fischer, Justice R. Patrick DeWine, and Justice Melody J. Stewart. SEATED, FROM LEFT TO RIGHT: Justice Sharon L. Kennedy, Chief Justice Maureen O’Connor, and Justice Judith L. French. CHIEF JUSTICE MAUREEN O’CONNOR Maureen O’Connor, Ohio’s 10th chief justice, is also the first woman to be elected as chief justice. She was re-elected as the head of Ohio’s judiciary in 2016. Since becoming chief justice, she has led significant reforms and improvements in the Ohio judicial system, including improving access to justice by advocating for “ability-to-pay hearings” before the imposition of court fines and fees. Chief Justice O’Connor lead bail reform measures to ensure monetary bail is not the preferred choice when judges consider bail. She also established task forces to study access to justice; grand jury proceedings in Ohio; the administration of the death penalty; conviction integrity initiatives; and the use of technology in the courts post COVID. She also leads efforts of an eight- state initiative to combat the nation’s opioid epidemic. She is past president of the national Conference of Chief Justices and former chair of the National Center for State Courts Board of Directors. Chief Justice O’Connor joined the Supreme Court in January 2003 as an associate justice. Full biography.

JUSTICE SHARON L. KENNEDY JUSTICE R. PATRICK De WINE A former Butler County Domestic Relations Court judge, Justice Pat DeWine has served on the Supreme Court from Justice Sharon L. Kennedy won election to an unexpired January 2017, following his election in 2016. Before joining term on the Supreme Court in November 2012, was the Supreme Court, Justice DeWine served on the First District elected to her first full term in November 2014, and re- Court of Appeals and also served on the Hamilton County elected to a second full term in November 2020. She Common Pleas Court. Before becoming a judge, he practiced served on the bench in Butler County from 1999 to 2012, law for 13 years and began his legal career as a law clerk for the where, as administrative judge, she improved its case Honorable David A. Nelson on the U.S. Sixth Circuit Court of management system to ensure the timely resolution of Appeals. He also served in local government, as a member of cases for families and children. Before becoming a judge, the Hamilton County Board of Commissioners and Cincinnati she was special counsel to the attorney general and a part- City Council. Justice DeWine is also an adjunct professor at time magistrate. She began her career as a police officer. the University of Cincinnati College of Law where he teaches Full biography Appellate Practice and Procedure. Full biography.

JUSTICE JUDITH L. FRENCH JUSTICE MICHAEL P. DONNELLY Justice Judith L. French is a former judge of the Tenth Justice Michael P. Donnelly began his first term on the District Court of Appeals. She won election to a full term Supreme Court in January 2019, following his statewide on the Supreme Court in November 2014. Before serving election in 2018. Before joining the state court, Justice as an appellate judge, she was chief legal counsel to Gov. Donnelly served as a judge on the Cuyahoga County Bob Taft, as well as an assistant attorney general and then Court of Common Pleas, General Division, for 14 years, chief counsel to the attorney general. Twice, she argued from 2005 to 2018. He was an assistant Cuyahoga County before the U.S. Supreme Court, including on behalf prosecutor from 1992 until 1997, and went on to practice civil of the state in the Cleveland school-vouchers case. She litigation for seven years, representing plaintiffs and injured became the 155th justice of the Ohio Supreme Court workers in asbestos litigation, personal injury lawsuits, and in January 2013, after a gubernatorial appointment. workers’ compensation claims. Justice Donnelly was chair Justice French’s tenure on the Court ended Jan. 1, 2021. of the Supreme Court’s Commission on Professionalism. Full biography. Full biography.

JUSTICE PATRICK F. FISCHER JUSTICE MELODY J. STEWART Justice Patrick F. Fischer began his first term on the Justice Melody J. Stewart was elected in November 2018 to a Supreme Court on Jan. 1, 2017, following his election full term as the 161st justice of the Supreme Court of Ohio. in 2016. He previously was elected to Ohio’s First District Prior to joining the Supreme Court, she served on the Eighth Court of Appeals in 2010, and was re-elected in 2012. District Court of Appeals − elected to an unexpired term in Respected within the state’s legal community, he served 2006 and twice re-elected to full terms. Justice Stewart has as president of the Ohio State Bar Association, and served more than 30 years of combined administrative, legal, and on the OSBA’s board of governors, and as president of the academic experience. She was an administrator for a health- Cincinnati Bar Association. Practicing law for more than care management company, a music teacher, a civil defense 30 years, Justice Fischer tried cases throughout the country litigator, and a law school administrator and professor before and was named to Best Lawyers in America and Ohio Super being elected to the court of appeals. Full biography. Lawyers. Full biography.

1 SUPREME COURT DECISIONS The Supreme Court issued many opinions in 2020, some dealing with highly anticipated legal issues. The following is a sampling of rulings that drew public interest.

Click to watch archived video of oral arguments.

2 statewide issues

Takeover of Academically a gun violation because he was violations, including traffic-camera Distressed School Districts in his home when officers were citations. Ruled Constitutional called in February 2018. 2019-1526. State ex rel. Magsig v. Toledo, 160 Ohio St.3d 342, 2020-Ohio-3416. State lawmakers did not violate In the Court’s lead opinion, the Ohio Constitution when they Chief Justice O’Connor noted that added a 67-page amendment the U.S. Supreme Court’s Second Legislature Can Centralize allowing the takeover of Amendment decisions make Local Business Taxes, Court academically distressed local clear that the right to bear arms Rules is not without limitation, and that school districts to a 10-page bill The state of Ohio has the Ohio’s law is a targeted restriction and passed the measure on the authority to create a centralized that applies for a very limited time same day. system for the collection of all due to the inherently dangerous The Court ruled in May that municipal business income nature of carrying or using a gun House Bill 70, introduced in 2015 taxes, but cannot charge local while intoxicated. to create community learning governments a fee to cover its centers, had the same “common 2019-0544. State v. Weber, 163 Ohio administrative costs, the Court St.3d 125, 2020-Ohio-6832. purpose of seeking to improve ruled in November. underperforming schools” when A Court majority partially it was enacted. The bill contained upheld and partially rejected provisions appointing a chief the validity of two state laws executive officer with “complete adopted in 2014 and 2017. The operational, managerial, and laws enable companies to opt instructional” control of a into a centralized system where distressed school district. a business could pass along all Writing the Court’s lead local business income taxes it opinion, Chief Justice O’Connor collects to the state, which in turn wrote the Court was “sympathetic” would distribute the funds to to the Youngstown City Schools the hundreds of cities and towns Board of Education, which that impose local income taxes challenged the takeover of the on businesses. More than 100 district and argued the last-minute municipalities, including Akron, addition of the amendment Elyria, and Athens, filed lawsuits, violated the Ohio Constitution’s arguing that the new system “three-consideration rule.” violates the “home-rule” authority However, the chief justice noted granted to them in the Ohio the rule does not require any Constitution. specific level of deliberation or Writing for the majority, debate, as long as the bill is not Justice Donnelly stated that City Blocked from Using “vitally altered.” the municipalities have the Traffic-Camera Violations power under home rule to 2018-1131. Youngstown City School Appeals Process Dist. Bd. of Edn. v. State, 161 Ohio St.3d 24, levy income taxes, but that two 2020-Ohio-2903. Toledo cannot use an other provisions in the Ohio administrative procedure to hear Constitution authorize the Ohio Law against Carrying Gun appeals of traffic tickets issued General Assembly to limit local while Intoxicated Ruled through red-light and speed- taxation. The constitution allows Constitutional detection cameras because state state lawmakers to enact a set of lawmakers gave municipal courts The Court upheld the conviction rules governing how to assess, exclusive authority to consider the of a Clermont County man for collect, and distribute the business matters, the Court ruled in June. holding a shotgun in his home income taxes, which are known as In a unanimous decision, the while intoxicated. net-profits taxes. Court granted motorist Susan A divided Supreme Court The fee imposed on local Magsig’s request to block Toledo ruled in December that Ohio’s government to pay for the from using its procedure of law prohibiting carrying or administration of the tax having a city police hearing officer using a firearm “while under the collection program is not a “limit” consider appeals of speeding influence of alcohol or any drug on local power. That portion of violations caught on camera. of abuse” does not violate the the statutory scheme, violates the Writing for the Court, Justice Second Amendment of the U.S. home-rule rights of municipalities, French stated that a change in Constitution. the majority ruled. state law, which took effect in July Frederick Weber argued 2019-0693 and 2019-0696. Athens v. 2019, gives exclusive jurisdiction that the Second Amendment McClain 163 Ohio St.3d 61, 2020-Ohio- to municipal courts to decide all 5146. protected him from arrest for civil actions concerning traffic 3 statewide issues criminal law

Court Clarifies Rule on Admissibility of ‘Other-Acts’ Evidence In two criminal cases, the Court clarified the standards under which a prosecutor may introduce evidence of a defendant’s prior bad acts in a trial for a new crime. The Court’s September opinion stated the decisions are meant to help Ohio courts and attorneys by clearing up “some of the confusion that exists regarding the use of ‘other-acts evidence’” under the Ohio Rules of Evidence. Writing for a unanimous Court, Justice DeWine explained that under Ohio Evid.R. 404(B), City Does Not Qualify as Regulator Must Reconsider evidence of other “crimes, wrongs, ‘Victim’ under Voter-Approved Authority to Oversee Utility or acts” cannot be admitted Victims’ Rights Law Resellers to prove the accused has the “propensity” or the natural Centerville, which sought The Public Utilities Commission tendency to behave in a particular $1,375.56 in payroll losses from of Ohio (PUCO) exceeded its way. The rule is meant to prevent a the maker of a false active-shooter authority when it made up a test, jury from concluding that because report, is not a “victim” under the rather than follow state law, when the accused has acted in a similar voter-approved Marsy’s Law and determining that a “submetering” way in the past, the person must is not entitled to restitution, the company was operating as an be guilty of the currently alleged Court ruled. unregulated public utility, the crime. A Supreme Court majority Court ruled. While other-acts evidence determined in November that A Supreme Court majority cannot be used to prove a person’s voters presented with the ballot noted that submetering, which tendency to commit crime, the proposal in 2017 to add Marsy’s involves the buying of natural gas, rule does allow a court to admit Law to the Ohio Constitution electricity, and other services from the evidence for several other would have believed the rights of a public utility and reselling them, purposes, such as proof of motive, victims to receive restitution would is now a “big business.” Writing for intent, plan, or identity, or that the apply to natural persons and the Court, Justice DeWine stated act was not a mistake or accident. perhaps private corporations, but that a test the PUCO devised and The opinion stated the would not extend to municipal employed to determine whether courts have “long struggled corporations such as the city of it has authority to regulate a with differentiating” whether Centerville. submetering business “has no the evidence is being used for a Writing for the Court majority, connection” to the state law that purpose on the “permitted list” Justice French stated that Ohio determines the commission’s or being used improperly in voters were told Marsy’s Law ability to oversee the companies. trying to prove the accused’s guilt “would ensure that victims and The Court remanded to the based solely on past behavior. The their families receive due process, PUCO the complaint of a central Court outlined a process for trial respect, fairness, and justice,” Ohio apartment complex tenant, courts to follow when determining and nothing suggests that voters who complained that Nationwide whether other-acts evidence can understood and intended to Energy Partners (NEP) was acting be admitted and explained ways include public corporations as as a public utility and must follow that courts can better instruct victims. the rules for public utilities. juries about how to consider the The PUCO had adopted NEP’s 2019-0873. Centerville v. Knab, 162 evidence if it is used. Ohio St.3d 623, 2020-Ohio-5219. position that as a reseller of utilities, NEP was not subject to 2019-0184. State v. Hartman, Slip Opinion No. 2020-Ohio-4441 and 2018- the commission’s jurisdiction. 1831. State v. Smith, 161 Ohio St.3d 214, 2019-0273. In re Complaint of Wingo v. 2020-Ohio-4440. Nationwide Energy Partners LLC, Ohio St.3d 208, 2020-Ohio-5583.

4 criminal law

Failure to Properly Impose defendant’s juvenile adjudication Postrelease Control Renders as a “prior conviction,” because Sentence Voidable, But Not Void juvenile adjudications do not When a trial court fails to properly include the right to trial by jury. impose postrelease control during Writing for the Court’s criminal sentencing, the sentence majority, Justice Kennedy is voidable, not void, and the error stated that Buttery’s case was must be raised on direct appeal, distinguishable from Hand the Ohio Supreme Court ruled in because, among other reasons, May. Buttery faced punishment not Writing for the Court majority, just because of a prior juvenile Justice Kennedy explained the adjudication, but because he Court’s decision is intended violated a court’s order to register to clear up years of confusion as a sex offender. among judges and parties in 2018-0183. State v. Buttery, 162 Ohio criminal cases and to put them St.3d 10, 2020-Ohio-2998. on notice that errors in imposing postrelease control do not result Teen’s Sex Crimes Confession in a void sentence that may be to Caseworker Can Be Used in challenged at any time. The Court Court needed to address the issue, she A Cuyahoga County child-abuse wrote, because prior decisions investigator did not violate the have led to “seemingly endless constitutional rights of a 13-year- litigation asking us to determine old boy when she provided police which sentencing errors must be with a confession she obtained raised on direct appeal and which from him in which he admitted may be raised at any time.” having sexual activity with a 2018-1144. State v. Harper, 160 Ohio 12-year-old girl, the Court ruled. St.3d, 480 2020-Ohio-2913. The Court unanimously ruled Adult Registration as Sex in December that the child-abuse Rape Shield Blocks investigator was not required Questions about Accuser’s Offender Based on Juvenile Court Orders Constitutional to provide Miranda warnings Nonconsensual Sexual Activity to the boy before interviewing Ohio’s rape-shield law prohibits Requiring an adult to register him alone at the Cuyahoga an accuser’s consensual and as an adult sex offender for County Department of Children nonconsensual sexual activity acts committed while a juvenile and Family Services offices in from being admitted as evidence doesn’t violate the person’s December 2015. However, a in a criminal case, the Court constitutional rights, the Court divided Court determined that the ruled. ruled. boy’s due-process rights were not A unanimous Court rejected A Court majority ruled in May violated when prosecutors used in April the argument of Cedric that the sex-offender-registration his confession to the investigator Jeffries that he could introduce requirements that the juvenile in juvenile court. evidence at his trial for rape court imposed following Robert In the Court’s lead opinion, and kidnapping that his accuser Buttery’s 2011 adjudication as a Justice Kennedy wrote that the previously was sexually assaulted delinquent for sex offenses can be Miranda warnings were not by another person when she was used as the basis to convict Buttery necessary because the child- 4 or 5 years old. Jeffries argued for failure to register as an adult. abuse investigator was not a law that the purpose of the rape-shield Buttery challenged his 2015 enforcement officer or acting law was to protect victims from conviction for failing to register under the direction or control of being harassed about only their when he was 19 years old. the police. Justice Kennedy also consensual sexual history. Buttery’s challenge to stated that under U.S. Supreme Writing for the Court, Justice the constitutionality of the Court rulings, the boy’s due- Donnelly stated the law does not registration law was based on process rights were not violated distinguish between consensual the Ohio Supreme Court’s 2016 because no “police conduct” and nonconsensual activity and State v. Hand decision. Hand was involved in obtaining the that Jeffries’ narrow interpretation dealt with a statute that required confession. penalties for certain felonies to of the law “vastly underestimates 2019-0621. In re M.H., 163 Ohio St.3d the insidiousness of victim be harsher for defendants who 93, 2020-Ohio-5485. blaming.” had prior convictions, and in that case the Court held that it was 2018-0338. State v. Jeffries, 160 Ohio St.3d, 2020-Ohio-1539. fundamentally unfair to treat the 5 criminal law civil lawsuits Amazon Not Liable for Teen’s Death from Pure Caffeine Powder Amazon never had possession or control of the caffeine powder that led to a Lorain County teen’s death, so the company cannot be held liable for the substance’s purchase from a vendor through Amazon’s website, the Court ruled. A unanimous Court ruled in October that Amazon does not meet the definition of “supplier” under Ohio’s product liability law when a vendor uses the Amazon Marketplace to “source, sell, fulfill, ship, and deliver” products without involving Amazon. Writing for the Court, Justice French stated that Amazon did not qualify under the law as a “supplier” under the theory that it “otherwise participates in the placing of a product in the stream of commerce.” As a prerequisite Driving on Outer Edge Line Leaving Accident Scenes for subjecting Amazon to product Not Traffic Violation Permitted When Officers supplier liability, she concluded, An Ohio State Highway Patrol Unavailable the company would have to have trooper incorrectly charged a Ohio law does not require a driver some control over the product, motorist with a traffic violation for to remain at the scene of an and it did not in this case. driving on – but not over – the accident if the driver is unaware 2019-0488. Stiner v. Amazon, Inc., 162 single solid white line on the right that the police have been or will Ohio St.3d 128, 2020-Ohio-4632. edge of a state highway, the Court be called to the accident scene, ruled as long as the driver provides the Workers Cannot Claim The 5-2 decision in December required contact information to Invasion of Privacy after found that the trooper was wrong the operators or owners of other Direct-Observation Urine Tests to pull over and charge Ryan involved vehicles and to any When workers at a private Turner for committing a marked- person injured in the accident, the company provide urine samples lanes violation on Old State Court ruled. for drug testing under the “direct- Route 74 in Clermont County in In March a Supreme Court observation method” they cannot 2018 – a stop that led to a charge majority reversed a First District sue their employer for invasion of of operating a vehicle under the Appeals Court decision that found privacy, the Court ruled. influence (OVI). a Hamilton County man guilty of In a 4-3 decision, the Supreme Writing for the Court majority, leaving the scene of an accident Court reversed a Fifth District Justice Kennedy stated that an hour after it occurred. Court of Appeals decision, which Ohio’s manual for “traffic control The Court found that under R.C. found two current and two former devices,” such as signals and 4549.02 motorists involved in Sterilite of Ohio employees markings, only “discourages or accidents are expected to wait a had stated a “valid claim for prohibits crossing” a single solid reasonable amount of time after invasion of privacy“ based on the white line on the right-side edge police have been notified. use of the “direct observation of the roadway. It is not a violation Writing for the Court majority, method” as part of Sterilite’s if the car tire touches the line, she Justice French stated that Ohio law mandatory substance-abuse testing wrote. does not require all motor vehicle procedures. 2019-1674. State v. Turner, 163 Ohio accidents be reported to police, Writing for the Court majority, St.3d 421, 2020-Ohio-6773. and the current statute is unclear Justice Kennedy in August noted how long a driver must wait when that once the Sterilite employees a police officer is not at the scene proceeded with the drug test of the accident under the direct-observation 2018-1418. State v. Bryant, 160 Ohio method, without objection, St.3d 113, 2020-Ohio-1041. 6 civil lawsuits they consented to the test by A Court majority found in court to move forward with a civil producing or attempting to November that the DeVeaux rights lawsuit filed by a Geauga produce urine. Elementary School staff members County Health District employee 2018-1431. Lunsford v. SterIlite of Ohio were immune from liability. The who accused the health district’s LLC, 162 Ohio St.3d 231, 2020-Ohio-4193. Court determined that the child’s leaders of criminal acts that led to family failed to produce evidence her dismissal. Spouse’s Mental Health the staff knew or had reason to Writing for the Court majority, Records May Be Revealed know the classmate of the injured Chief Justice O’Connor stated the in Child Custody, Spousal child posed a risk of physical harm laws do not state that a conviction Support Cases to the injured child or any other is required before a lawsuit for student. civil liability based on criminal A person whose spouse is seeking Writing for the majority, acts can be filed. Without clear custody and spousal support Justice Fischer stated that for indication from the legislature in a divorce can obtain the the family to prevail in their that a conviction is required, spouse’s confidential mental lawsuit they had to prove that the the Court “will not read such health records that are deemed educators were aware the other intent into” the law, Chief Justice by a court to be relevant to the student may cause physical harm O’Connor stated. divorce, the Court ruled in June. to their daughter and that the A divided Supreme Court 2018-1209. Buddenberg v. Weisdack, educators acted with conscious 161 Ohio St.3d 160, 2020-Ohio-3832. affirmed an Eleventh District disregard or indifference to that Court of Appeals decision, which knowledge. Justice Fischer stated found that a parent seeking Patient Can Pursue Hospital that “just the opposite” occurred, child custody or a spouse seeking Suit for Alleged Abuse by and that the teacher, principal, spousal support waives the Uncharged Doctor and assistant principal took steps physician-patient confidentiality A patient allegedly assaulted by to curtail bullying. privilege. a doctor while sedated does not The Court’s opinion reasoned 2019-1355. A.J.R. v. Lute, A.J.R. v. Lute, have to prove the doctor is guilty 163 Ohio St.3d 172, 2020-Ohio-5168. that a trial court, by law, must of a crime or civilly liable before consider the mental and physical suing the hospital for lack of conditions of parents and spouses Conviction Not Required to oversight, the Court ruled. when considering custody and Pursue Civil Lawsuit Based In a unanimous opinion in support payments. on Criminal Acts December, the Supreme Court Writing the Court’s lead Ohio law allows a person to ruled that Malieka Evans can opinion, Justice French explained pursue a civil lawsuit based on continue her lawsuit against the confidentiality privilege injuries caused by a criminal act Akron General Medical Center for applies to a psychologist’s or without having to show the crime the negligent hiring, retention, psychiatrist’s patient relationship, resulted in a conviction, the Court or supervision of the doctor who but Ohio law allows for a narrow ruled in July. allegedly assaulted her in 2012. exception that can compel The Court clarified two state a mental health provider to statutes, which allowed a federal ...Continued produce the records, which the trial court reviews privately before determining if they can be used in the divorce proceedings. 2019-0416. Torres Friedenberg v. Friedenberg, 161 Ohio St.3d 98, 2020- Ohio-3345.

Toledo Educators Cannot Be Sued in Kindergarten Bullying Case Toledo educators did not act with a “perverse disregard of a known risk” when one kindergartner allegedly punctured the face of another with a pencil, and the injured child’s parents cannot sue the staff for failing to address alleged bullying, the Court ruled in July.

7 civil lawsuits parental rights The decision reversed a Summit County Common Pleas Court ruling, which found that because police did not press charges against the physician and Evans did not file a personal injury lawsuit against him, she could not sue the hospital. Writing for the Court, Justice Donnelly explained the ability to sue an employer for an employee’s wrongdoing is not based on whether the employee has been or can be held legally accountable, but rather whether that the employee must be “shown to have committed an act that is legally wrong.” 2019-0284 and 2019-0453. Evans v. Akron Gen. Med. Ctr., 163 Ohio St.3d 284, A divided Supreme Court 2020-Ohio-5535. Adult May Prove ‘Reasonable Parental Discipline’ to Avoid rejected a child’s natural father’s Child-Injury Conviction argument that any payment of Time Limit for Medical When a parent or caretaker is support, no matter how meager, Malpractice Cases Prevents made during the year immediately Claims against Spine Surgeon charged with a crime for injuring a child, the accused adult may before a stepfather filed an Patients claiming medical prove their actions were a form of adoption petition preserved the malpractice by a spine surgeon “reasonable parental discipline” father’s right to consent to the and Cincinnati-area hospitals to avoid a conviction, the Court adoption. waited too long to refile their cases ruled. In the Court’s lead opinion, when they attempted to move In February, the Supreme Justice DeWine wrote the father’s the cases from Butler County to Court unanimously affirmed the argument ignores the plain Hamilton County, the Court ruled. conviction of a Delaware County language of the statute, R.C. The Court’s 5-2 December man who argued that prosecutors 3107.07(A), which provides that opinion written by Justice French must prove his punishment of a parent’s consent to a child’s dismissed the cases of two of the a 7-year-old was unreasonable adoption is not required when the hundreds of former patients of parental discipline. The Court was parent failed, without justifiable Dr. Abubaker Atiq Durrani and divided in its reasoning. cause, to provide maintenance his Center for Advanced Spine In the Court’s majority and support as required by law or Technologies, as well as the opinion, Justice Fischer wrote that judicial decree for at least one year hospitals where he performed reasonable parental discipline is prior to the filing of the adoption surgeries, including UC Health in an “affirmative defense” and the petition. Cincinnati and the affiliated West adult must prove the use of force 2018-1300. In re Adoption A.C.B., Chester Hospital in Butler County. was justified once the prosecution 159 Ohio St.3d 256, 2020-Ohio-629. The Court ruled Ohio’s proves the elements of the crime “statute of repose” for medical charged, such as assault. The Juvenile Court’s 90-Day Limit injury claims gives patients four state has no duty to also prove to Conduct Supervision or years to file a claim against a the parental discipline was Custody Hearings Is Mandatory healthcare provider. Justice unreasonable. Ohio law gives a juvenile French stated that the medical court 90 days to conduct a statute of repose “clearly and 2018-1501 and 2018-1592. State v. Faggs, 159 Ohio St.3d 420, 2020-Ohio-523. dispositional hearing to decide unambiguously precludes a child’s placement in protective commencement of a medical supervision or decide custody claim more than four years after Minimal Payment of Child issues after authorities file the occurrence” of the medical Support Does Not Retain Right complaints alleging the child is procedure. to Stop Adoption A parent may lose the right to abused, neglected, or dependent, 2019-1560. Wilson v. Durrani, the Court ruled in March. If the Slip Opinion No. 2020-Ohio-6827. object to the adoption of a child by failing, without justifiable hearing is not conducted within cause, to make child-support that timeframe, the case must be payments “as required by law or dismissed and authorities must judicial decree,” the Court ruled start the process over, the Court in February. concluded. 8 parental rights media and public records A unanimous Supreme Court found that a 90-day hearing requirement in R.C. 2151.35(B) (1) is mandatory and juvenile courts must dismiss such cases without prejudice if the courts are unable to comply. The ruling reversed Fifth District Court of Appeals decisions in separate cases involving two mothers. Writing for the Court, Justice French stated that state lawmakers set the strict hearing requirement to balance efforts to protect children against “the fundamental right of a parent to raise one’s own children.” 2018-1331, 2018-1375, 2018-1376, 2018-1377, 2018-1379, 2018-1380, and School Not Required to Video of Judge Shooting Must 2018-1381. In re K.M., 159 Ohio St.3d 544, 2020-Ohio 995. Release Records of Deceased Be Released by Jefferson Dayton Shooter County Court Clarifies Process for Bellbrook-Sugarcreek Local Video from an exterior Jefferson Terminating Shared-Parent School District does not have to County Courthouse security Plans release to the news media the camera that captured the shooting school records of Connor Betts, of a judge is not a “security The Court clarified that when who killed nine and injured record” and must be released to parents terminate a shared- 27 others in a 32-second mass the Associated Press, the Court parenting plan and seek to shooting in Dayton in 2019, the ruled in November. designate one parent as the Court ruled. The Supreme Court rejected residential parent and child’s In a 6-1 November decision, claims by the Jefferson County legal custodian, a trial court need the Court stated the Ohio Student Prosecutor’s Office that the only to determine the child’s best Privacy Act (OSPA) prohibits courthouse video showing the interest when selecting the parent. the disclosure of student records August 2017 shooting of Jefferson A Court majority in October without the written consent of an County Common Pleas Court resolved a conflict among Ohio adult former student, and makes Judge Joseph J. Bruzzese Jr. as he appeals courts as to whether a no exception if the former student was about to enter the courthouse trial court must also consider a died without giving consent. was exempt from the state’s “change in circumstances” along Writing for the Court majority, public records law and could be with the child’s best interest Justice Stewart stated the General withheld. when ending a shared-parenting Assembly crafted some exceptions Writing for the Court majority arrangement and picking one for the release of student records opinion, Justice Donnelly stated parent as the residential parent without consent, but did not the Ohio Public Records Act while granting the other parent expressly state that the death of a allows for the exemption from several rights, including visitation. student permits a school district to release of a record “directly used Writing for the Court majority, release the records. Betts, a 2013 for protecting or maintaining the Justice Stewart explained Bellbrook High School graduate, security of a public office,” but the that under R.C. 3109.04, the was 24 years old in August 2019 county prosecutor never provided procedures are different when when police killed him at the any evidence about how the a trial court needs to modify a scene of his shooting spree. county was using the video footage shared-parenting plan and when “The records of a person who of the shooting for that purpose. it terminates a shared-parenting attended a public school can be Justice Donnelly wrote the county decree and plan. When a plan and disclosed only with the consent cannot reject the release of a decree are terminated, a court of the student, if that student is record based on a “requester’s need only consider the child’s best 18 years of age or older. If that potential use or misuse of the interest, she wrote. student is deceased, he is no record.” 2019-1028 and 2019-1178. Bruns v. longer available to grant consent,” 2019-1481. Welsh-Huggins v. Jefferson Green, 163 Ohio St.3d 43, 2020-Ohio- Cty. Prosecutor’s Office, 163 Ohio St. 3d 4787. the majority opinion stated. 337, 2020-Ohio-5371. 2019-1433. State ex rel. Cable News Network, Inc. v. Bellbrook-Sugarcreek Local Schools, 163 Ohio St.3d 314, 2020-Ohio- 5149.

9 media and public records

Court’s Ban on Future orders granted to Joni Bey and Summers with most of the records Social Media Postings about Rebecca Rasawehr. The women he requested concerning the 2013 Relatives Unconstitutional claimed that Jeffrey Rasawehr’s sexual battery convictions of his The Court vacated portions of internet postings caused them son Chris Summers when he was Mercer County civil stalking mental distress and made them a teacher at Fort Recovery High protection orders that prohibited fear for their safety. School. a man from posting anything on 2019-0295. Bey v. Rasawehr, 161 Ohio The Court explained that social media about his mother St.3d 79, 2020-Ohio-3301. under R.C. 149.43(B)(8), inmates and sister, whom he accused of must seek judicial approval of contributing to the deaths of their Father Entitled to Records public record requests related to husbands. Involving Son’s Student Sex their convictions. Mercer County In a unanimous decision, the Conviction Prosecutor Matthew Fox and Court ruled the complete ban The father of an imprisoned Sheriff Jeff Grey denied Charles on commenting about the two former school teacher is entitled Summers’ requests, claiming that women was a prior restraint on to public records of his son’s the father was acting as Chris’ free speech that violates the U.S. conviction on sex charges, the designee and must also receive Constitution’s First Amendment. Court ruled. judicial approval to obtain the Writing for the Court, Justice The Court ruled 5-2 in records. Donnelly said the ban was December that the Mercer But the Court concluded the remarkable in its scope and “went County Prosecutor’s Office did law applies to someone who is far beyond anything that the not provide sufficient evidence directed by an inmate to obtain factual record before us could for its claim that the father was the records, but not “someone sustain and the First Amendment acting at his son’s direction by who simply wants to benefit an can tolerate.” seeking the records in an attempt inmate.” The June decision reversed the to circumvent the Ohio Public 2018-0959. State ex rel. Summers v. Fox, Third District Court of Appeals, Records Act. The Court found 163 Ohio St.3d 217, 2020-Ohio-5585. which upheld 2018 protection the county must provide Charles

10 Rule Changes In 2020, the Supreme Court of Ohio approved several rule amendments, including to the Rules for the Government of the Bar and the Rules of Superintendence for the Courts of Ohio – many in response to the ongoing public health emergency caused by the COVID-19 pandemic. Among the rule changes were:

BAR EXAM AND BAR Additionally, foreign language mediators to mediate delinquency ADMISSIONS interpreters must complete and foreclosure cases without A rule allowing Ohio to begin an oral proficiency assessment completing the “Fundamentals using the National Conference and ASL interpreters must of Mediation Training” course if of Bar Examiner’s Uniform Bar hold a Registry of Interpreters they complete 10.25 hours of that Exam. Effective June 1, 2020. for the Deaf (RID) Generalist course, instead of the usual 16 Certification. required hours. Also, mediators A rule allowing applicants for Effective Jan. 1, 2021. are allowed to begin eviction and admission without examination to general civil cases if they have apply to practice law while their UNIFORM MEDIATION ACT completed at least 6.25 hours of application is pending. Rule amendment to the Rules the “Settlement Event Mediation Effective June 17, 2020. of Superintendence requiring Training” course. all statewide courts that use Effective June 26, 2020. OHIO DISCIPLINARY SYSTEM mediation to incorporate into Rule amendments to the Rules for their local rule Ohio’s Uniform SPECIALIZED DOCKET the Government of the Bar and Mediation Act, as well as identify CERTIFICATION the Government of the Judiciary cases eligible for mediation, and Rule amendment changing of Ohio addressing the process address confidentiality. the certification procedure for for investigating and prosecuting Effective Jan. 1, 2020. a specialized docket program, allegations of professional allowing a local court to seek misconduct by Ohio judges and GUARDIANS AD LITEM docket certification provided attorneys. Rule changes to Superintendence the court’s program offers a Effective Nov. 1, 2020. Rules 48 through 48.07 to increase “therapeutically oriented judicial GAL training requirements to 12 approach to providing court STANDARDIZED FORMS FOR hours of pre-service education, supervision and appropriate EXPUNGEMENT AND SEALING six hours of which must be treatment to individuals.” Rule amendment to the Rules of live and the other six earned Among other changes are the Superintendence for the Courts from online courses, as well as approval of initial certification to of Ohio to create standard forms teaching, writing, or mentoring, as be effective for six months or until for the sealing or expungement of approved by the appointing court. final certification and requiring court records. Other amendments to Rule 48 six hours of a judge’s continuing Effective Oct. 1, 2020. include allowing the authority of education to be related to the the court to limit the scope of a docket during the three-year NEW REQUIREMENTS FOR GAL’s appointment to a specific certification. Additionally, COURT INTERPRETERS item or issue, as well as require Judges inheriting a docket will Rule amendments to the Rules the court provide the GAL report have 12 months to submit their of Superintendence to require to all parties, and also provide certification application, rather American Sign Language (ASL) guidance for when an attorney than six months. interpreters and foreign language is appointed as both a child’s The new rules also include interpreters to undergo legal attorney and GAL and the child’s a decertification process for training. Specifically, both ASL wishes conflict with the GAL’s dockets that are found to be out and foreign language interpreters recommendation. of compliance with certification are required to attend orientation Effective Jan. 1, 2021. standards and are unable to training before the written exam; correct the concern with technical pass the written exam with a score TEMPORARY MEDIATION assistance and training. of 80% or higher; attend three TRAINING REQUIREMENTS Effective Jan. 1, 2021. Ohio Supreme Court courses on A temporary rule change to ethics, modes of interpretation, the Rules of Superintendence and legal terminology; and sign revising the mediation training an oath to comply with the Code requirements in relation to of Ethics for Interpreters. the pandemic that allow court

11 COURT BUILDING REPAIRED While Social Issues Persist Along with the rest of the country, Ohioans saw George Floyd die at the hands of Minneapolis police on Memorial Day 2020. Over the ensuing days, people this state feel disenfranchised, As the repairs were made over gathered in scores of U.S. cities to and the treatment that they the summer, the chief justice collectively and peacefully protest receive is unfair across all of penned an Independence Day the killings of Floyd and other our institutions,” Chief Justice statement focused on the historic people of color, as well as the O’Connor said in a short inequities endured by people of larger racial justice issues in the documentary about the damage color in the United States, broader United States. and repair to the building. criminal justice reform, and an Columbus was one of those The Court’s facilities staff dove appeal to do better. cities where peaceful protests in – their swift response and “In these times of the social followed in the name of racial meticulous efforts documented unrest that erupted since the justice. The grounds of the Ohio in the video, which details killing of George Floyd, it is Statehouse were a focal point the damage and the careful, important to examine the role of of peaceful demonstrations for weekslong restoration of the the judiciary as we move forward,” weeks. However, while protesters judicial center’s limestone façade, she wrote. “The law recognizes the exercised their constitutional fountains, plazas, and windows. importance of equal justice. But rights, other individuals chose “It was a tremendous effort by it is up to our court systems, the to vandalize the capitol, many our facilities team,” Administrative judges, and the lawyers to ensure downtown buildings, and the Director Jeff Hagler said. “With that the constitutional guarantees Moyer Judicial Center – the as many buildings that had been are applied equally.” Supreme Court’s home. damaged downtown, primarily “As disheartened as I was with glass and window damage, CLICK TO WATCH about what happened to they were the first to get plywood the documentary our building, I’m equally as and materials to secure the disheartened that people in building.”

12 “As disheartened as I was about what happened to our building, I’m equally as disheartened that people in this state feel disenfranchised, and the treatment that they receive is unfair across all of our institutions.” CHIEF JUSTICE O’CONNOR

13 SUPREME COURT AIDS LOCAL JURISDICTIONS THROUGHOUT PANDEMIC

Early on in 2020, a deadly new a member of the National Center of Ohio, as well as the bar, and virus changed the landscape for State Courts Pandemic and state and local leaders, must come of our lives. Donning masks, Emergency Response Task Force, together to guarantee the vital, distancing physically, and washing which published a pandemic continued operation of the state’s hands more than ever became handbook for courts in 2016. judicial system and the public’s commonplace. And trial courts, The chief justice encouraged the access to its courts,” the chief appellate courts, and the Ohio development of the updated Ohio justice declared. Supreme Court had to rethink guide and judges received the She asked judges to prioritize and reorganize to keep the wheels piece just weeks before COVID-19 their workload, reduce the need of justice moving – in a year truly hit the United States. for jury pools, and minimize like no other. public traffic in courthouses. She Courts were filled, as always, CHIEF JUSTICE O’CONNOR urged them to consider lowering with criminal cases and civil TAKES ACTION bonds, depend on summonses disputes, forcing judges and As the coronavirus multiplied instead of arrests to lessen jail court staff to pivot. And they did, and people were asked to stay at populations, and maximize displaying impressive flexibility, home to “flatten the curve” – the technology. creativity, and resilience. They upward climb of infection cases The next week Chief Justice altered long-standing practices – Chief Justice O’Connor put O’Connor issued an order and found new ways to maintain leadership savvy to work, offering allowing the delay of legal the critical operations of the guidance and direction for courts deadlines during the global judicial branch. statewide. pandemic. The “tolling” order, The Supreme Court began In mid-March, the chief justice made retroactive to March 9, the year with distributing the sent a letter to all state judges provided uniformity, clarity, and “Judicial Guide to Public Health” with guidelines to help the courts legal continuity for courts. It also to all judges – an eerily prescient weather the coronavirus crisis permitted the Supreme Court, guide for courts in handling and keep courts open across the local courts, hearing panels, health emergencies – including a state. She spoke a few days later at boards, and commissions hearing pandemic. The Court partnered a daily news briefing on the health cases to waive any requirement for with Ohio Department of Health emergency held by the governor in-person service or that a party experts to update and expand for news media and the public. appear in person. the piece, first published in 2010. “This is an unprecedented time, Chief Justice O’Connor had been a time during which the judiciary

14 SUPREME COURT HEARS EVERY CASE ON ITS SCHEDULE Throughout the pandemic, the Supreme Court didn’t miss a call to fulfill its central mission – deciding the state’s toughest cases. For many matters reaching the state’s court of last resort, the parties present oral arguments in person in a public forum before the justices. Restrictions on group gatherings shifted those sessions, normally held in the grand Courtroom at the Moyer Judicial Center, to online videoconferences. Long an advocate for open proceedings in the judicial branch, the Court began periodically videotaping and broadcasting oral arguments in 2002 and doing live broadcasts and streaming of every session in 2004. This history empowered the justices to adapt quickly to the unexpected, and they missed none of the 28 days scheduled for arguments during 2020, using video-conferencing technology to hear all cases. The public could watch the arguments live online and each case is archived on the Ohio Channel website.

SUPREME COURT DISTRIBUTES GUIDANCE COMPILED courts and submitting filings DOLLARS LOCALLY FOR LOCAL COURTS to the Supreme Court. As the Funding was key to the chief The Supreme Court took many COVID-19 pandemic persisted, justice’s efforts to support courts other steps to address what had the chief justice reached out during the health crisis. Many been common day-to-day court regularly to the state’s judges with of Ohio’s 384 courts lacked the procedures that were complicated updates, including suggestions necessary technology to reduce by the pandemic. For example, for continued safety at courts, in-person interaction. In March, many Court-approved forms a response to questions about the Supreme Court dipped into used by local courts require speedy trial rights, and a holiday its budget to issue $6 million in notarization, so the Court message with a roundup of grants for technology to help local approved temporary versions that informative resources. courts. eliminated that requirement Tutorials for trial and appellate “It is my hope that by pushing during the public health courts about how to stream out this funding on an emergency emergency. hearings were posted on the basis we can assist the local courts The Court also issued a report Court’s website. Among the with a quick implementation on handling an expected increase resources: platforms for remote of video conferencing for in evictions and foreclosures due broadcasts and livestreaming, arraignments and other to increased unemployment and how to set up a streamed hearing, conferencing needs,” Chief Justice economic uncertainty, and put how to record and archive the O’Connor said. together a summary of the U.S. materials, and tips and ground rules for conducting the online This emergency funding Centers for Disease Control and proceedings. enhanced the $3.2 million in Prevention’s September directive halting evictions. The Court technology grants awarded in STAFF AND AFFILIATES ADAPT developed handy benchcards January for 54 local court projects AND DELIVER ALL YEAR and $725,000 given in civil justice for judges to triage civil cases; The health crisis also grants to 19 courts and court- to handle hearing backlogs; and wreaked havoc on educational related associations to provide for working with sign, foreign opportunities offered by the Court legal assistance to low-income, language, video, and telephonic and its affiliate organizations underserved, and disadvantaged interpreters in online or remote throughout the year for judges, Ohioans – all dollars that took on hearings or proceedings. attorneys, and others. The elevated importance during the Chief Justice O’Connor dilemma provoked inventive unparalleled circumstances. published direction for mayor’s solutions.

15 The biennial Dispute Resolution Section even shifted to training College’s experienced team Conference, which draws about mediation skills online and repurposed its offerings with vital 500 attendees, was first postponed, conducted their regular and easy-to-access education, such then canceled. But keynote mediations virtually, with positive as webinars, and promoted its speaker Ken Feinberg had arrived results. self-study options. As the state’s in Columbus the night before The Court’s biggest event courts sought guidance on how the scheduled date of the March of the year – the Specialized to best proceed under evolving event. The acclaimed attorney Dockets Conference – was health and safety standards, and mediator demonstrated transformed from a two-day the College responded with a his improvisational skills by conference to two months of multiweek webinar series – “Courts presenting his remarks to about 20 educational programming. The and Coronavirus” – that detailed people who were already on-site new Specialized Dockets Fall the impact of the pandemic on for the conference. The talk was Education Series featured 16 the judicial system. The College recorded so others could view it free webinars focusing on topics also gave an extraordinary assist to later. impacting specialty courts, such as organizations representing Event organizers April Nelson, drug courts and human trafficking judges, magistrates, clerks, and a long-time juvenile court courts. Aside from saving time other court personnel, enabling mediator, and Dr. Adonis Bolden, and money for travel and lodging, the groups to still hold their a Delaware County assistant school judges and court staff benefited summertime multiday conferences principal, spearheaded a Dispute from the chance to participate in in online venues. Resolution Section “Civility and more sessions because they were And it can’t go without mention Solutions” podcast on school spread out over weeks. that judges and court staff attendance and mediation, while At the Ohio Judicial College, across the state made Herculean a few of the scheduled national staff were forced to adjust its efforts to keep the justice system speakers delivered their sessions popular on-site programs – a functioning in their communities virtually on the potential of special substantial chunk of its catalog in 2020. masters in state courts. Employees of nearly 300 judicial branch in the Court’s Dispute Resolution courses held annually. The Judicial

16 CHIEF JUSTICE CONVENES TASK FORCE ON WRONGFUL CONVICTIONS Chief Justice O’Connor assembled would be a great first step in • Offering recommendations a new Ohio Supreme Court Task making improvements,” regarding education for Force on wrongful convictions Chief Justice O’Connor said. judges, prosecutors, and defense attorneys about in 2020 that “analyzes current The task force’s duties include: conviction issues practices and recommends • Analyzing the post- • And offering “any other improvements to further our conviction review processes recommendations the task standards of justice.” in Ohio and other states force deems appropriate Known as the Task Force • Analyzing the work of to further public trust and on Conviction Integrity and innocence commissions and confidence in the post- Postconviction Review, the panel conviction integrity units of conviction review process.” other states is comprised of a diverse group Public notice of all task force • Offering recommendations of members, each of whom “shall meetings are posted on the have experience or an interest in about DNA testing and “other advances in science” Supreme Court’s website and the integrity of convictions and open to the public. post-conviction reviews.” • Recommending revisions to laws and Supreme Court Task force members serve “We know from exoneration rules without compensation. data that justice isn’t always served in our state and this task force

EXTRAORDINARY EXAM: STATE’S FIRST UBE HELD VIRTUALLY In October, a group of nearly Multistate Essay Exam in place of an attorney from another state 1,000 prospective Ohio attorneys the Ohio essay questions. seeking to practice in Ohio would became the first to partake in the In order to be admitted to have to earn another passing score newest testing format to practice the state bar, those who pass the or be approved for “admission law in the state – the Uniform Bar UBE also must pass the Ohio Law without examination” by the Exam (UBE). Component prepared by the Ohio Supreme Court. Those applicants were also the Board of Bar Examiners. Of the 958 aspiring lawyers who first in Ohio to participate in a Ohio will recognize acceptable sat for the October exam, 741 – remote bar examination, which UBE scores from other UBE states or 77.4% passed. It’s the highest was necessitated by the pandemic. for five years. After that period, success rate since July 2013. Adopted in 38 states and the District of Columbia, each exam is offered on common dates several times a year, and test takers are able to transfer their scores to another UBE state without sitting for another exam, provided they pass that jurisdiction’s minimum score requirement. In Ohio, it’s 270. “The UBE addresses the demand for lawyer mobility across jurisdictions in America today, and uniform licensing helps increase efficiency through the sharing of resources and expertise,” Chief Justice O’Connor said. The UBE is a two-day test comprised of three components. Ohio had used two of the three parts of the UBE – the Multistate Bar Exam and the Multistate Performance Test. Ohio added the

17 STRIVING TOWARD JUSTICE WITH DATA

In 1999, an Ohio Supreme Court O’Connor said. “They must be racial fairness commission called able to see equal justice for all and Key steps identified to move Ohio for a statewide sentencing believe what they see. And they toward greater fairness and justice: database to gather concrete must be able to see injustice when • Approve a uniform felony information about the fairness it occurs. The way to demonstrate, sentencing form and proportionality of criminal and then monitor, equal justice is • Construct a centralized data sentences, and a related task force in facts and figures, in metrics and platform reiterated the request three years transparency.” • Start small, build momentum later. Dozens of commissions, task Nearly every state has identified • Explain how cost isn’t prohibitive forces, and blue-ribbon panels in the need for comprehensive, Ohio and across the country, over data-driven information about • Detail the price of doing nothing 25 years, have done the same. sentencing. However, successful • Ensure judges retain flexibility in The country’s elevated implementation has been limited. sentencing awareness of racial fairness issues Yes, there are obstacles, perceived • Make clear how data can dispel in 2020 presented an opportunity and real, from technological to bias to reemphasize the value and human, but the chief justice, • Persuade prosecutors to back role of data for understanding the Ohio Criminal Sentencing effort and evaluating sentencing Commission, state judges, and • Garner support of broader legal practices, and in pointing out the legal community think now is community and combating discriminatory the time to move forward. They practices where they exist. drilled into the details in online • Alert General Assembly to advantages of data for legislation “The public must be informed forums held in the second half so they can have faith in our of 2020. • Capture the public’s attention justice system,” Chief Justice

18 “The way to demonstrate, and then monitor, equal justice is in facts and figures, in metrics and transparency.” CHIEF JUSTICE O’CONNOR

THE DATA PLATFORM UNIFORM SENTENCING ENTRY To discern what is, and isn’t, At the core of this effort is a Another key element – being gathered for the sentencing data platform for the state. Basic the development of a uniform of adults for felonies, an ad questions about adults sentenced sentencing entry for courts – was hoc Court committee collected for felony offenses cannot be presented for consideration to judgment entries on felony answered: What sentence did the Ohio Criminal Sentencing sentences from across the state. courts impose for each felony Commission in September. Based on its review, the committee designed a uniform sentencing offender? How many people were Home rule, at the heart entry – the engine for a statewide sentenced to a specific felony of governing in Ohio, is a data platform. The committee offense in a specific year and at decentralized structure for prescribed the most concise what level? What number were government, including the minimum language required to placed in diversion programs? judicial branch. While local self- How many were found not guilty (weren’t sentenced)? The strategy is to add a technological layer alongside each local court’s information to create a uniform, statewide data platform about felony sentencing. The Criminal Sentencing Commission reached out to universities to enlist their expertise in solving the sentencing data collection problem. The University of Cincinnati School of Information Technology and School of Criminal Justice, Ohio State University Moritz College of Law, and Case Western Reserve University School of Law are anticipated collaborators. determination has its plusses, Although it’s a difficult comply with Rule 32 of the Ohio one outcome is the separate case problem without clear answers, Rules of Criminal Procedure and management and collection of the experts described the existing case law. The proposed data by the state’s courts across approach: Court stakeholders sentencing entry will provide 88 counties – that’s 88 common inform the platform design team uniformity for recording of pleas courts (with many divisions about what’s needed all along the sentencing information and will for criminal, juvenile, domestic way, and the team tunnels deeper establish specific data points, relations, and probate matters), and deeper through the layers, including biographical and 131 municipal courts, and 33 learning as it goes. demographic information. county courts.

19 JUSTICE FRENCH TENURE REFLECTS ‘ENERGY AND DEVOTION’

When someone has a love for the An enthusiast of constitutional As the court of last resort’s law and is driven by public service, law and author of 168 Ohio liaison to the Ohio Access to those connections can take the Supreme Court opinions, she Justice Foundation – a partnership person to tremendous heights. relished debates on the bench she helped develop – Justice For Justice Judith French, that during oral arguments and in French worked to reform the combination catapulted her to deliberations with fellow justices. state’s structure of legal aid and the Ohio Supreme Court for eight Prior to her judicial career, she the Supreme Court’s role in it. years. argued twice before the U.S. That initiative was paramount in “I was drawn to careers, like Supreme Court. her remarks when she was sworn journalism and law, that are As a civil servant, she said: “No in as an elected justice in January about figuring things out. I saw matter what the issue is, you have 2015. law as adding advocacy, history, to ask, ‘What’s in the best interest “We’ve made things better for and politics, too,” former Justice of the people of Ohio? What the lawyers who provide legal aid French said. do they expect and deserve?’ I services and for the underserved Her tenure on the Court is part like answering those questions, Ohioans who rely on those of 25 years in the public sector. It because they have a broader services,” Justice French said. includes service as a Tenth District meaning and purpose.” The native of Sebring, near Court of Appeals judge, the During her time with the Youngstown, vowed to “give [the governor’s chief counsel, assistant Supreme Court, the 155th Court] the full measure of [her] state attorney general and later the justice used her platform to help energy and devotion.” Part of that attorney general’s chief counsel, improve the judicial system, mission was tirelessly traveling the and deputy director of legal specifically for low-income citizens state, promoting the efforts of the affairs at the Ohio Environmental who can’t afford to hire attorneys. high court and explaining its role Protection Agency. within the judicial system and the

20 three branches of government to No matter the specifics of a case continuing civic progress in students and residents in all 88 or the steadfastness of sentiments, another capacity and paying it counties. Justice French had a “dignified forward out of respect to those It was a way for her to shed manner and willingness to listen who’ve encouraged her along a light on the countless people and share astute legal advice and distinguished journey. behind the scenes who supported opinions,” observed Chief Justice “The professionals working her and carry out the Supreme O’Connor. at the Court are extraordinarily Court’s duties – from her judicial That civility earned her the good at their jobs, and I’ll leave attorneys and law clerks to the title of “the nice justice” from her knowing that, together, we hundreds of others who serve the colleagues and peers. produced good work,” Justice Court and assist the lower courts. “My colleagues will agree that it French said. “I’m here because many people has been a high honor to serve on Justice French’s time on the throughout the course of my life the bench with her. We will miss court ended on Jan. 1, 2021. helped me grow and develop as her and wish her the best of luck,” a person, as a lawyer, and as a Chief Justice O’Connor said. judge,” Justice French said during Justice French said she planned her initial investiture ceremony. to stay in the public arena,

21 CHIEF JUSTICE CREATES REMOTE TECHNOLOGY TASK FORCE Chief Justice O’Connor convened Courts in 87 of Ohio’s 88 limited internet access, wireless a task force in 2020 to study how counties are using $6 million difficulties, costs, and equipment courts used technology during the in equipment and software • List practices to safeguard coronavirus pandemic. purchased since March 2020 procedural due process and The task force is to identify best to keep their operations open access to justice when technology practices to be retained by courts during the pandemic. Chief is used in the post-pandemic era and ways Justice O’Connor made the funds • Identify rules that may need to their experiences will allow for the available from the Court’s budget be updated and modernized continuing use of technology to on an emergency basis. • Address how to conduct improve access to justice. The panel will be known as remote criminal jury trials. “The reliance of courts, the Improving Court Operations The task force consisted of 24 including the Supreme Court, Using Remote Technology voting members appointed by on remote technology has been (iCourt) Task Force. Chief Justice O’Connor. Justice critical to the administration of The iCourt Task Force will: DeWine is the Court’s liaison to justice during this pandemic,” • Examine how Ohio courts used the task force. Chief Justice O’Connor said. technology during the pandemic, Members included judges, “Now we will take our including their appearances and magistrates, court administrators, knowledge a step further by trials information technology finding out how technology can • Survey judges and attorneys professionals, attorneys, and clerks help local courts become even • Identify technological best of court. more responsive to the public for practices The task force issued findings the remainder of the pandemic • Discuss barriers to the effective and recommendations to the and afterward.” use of technology, such as Supreme Court in summer 2021.

JUSTICES MAKE HEADLINES IN NATIONAL PUBLICATIONS How Data Can Help Reform commission that establishing a followed a consistent practice Criminal Sentencing statewide database would be the when deciding whether to defer Justice Donnelly co-authored main focus of her final two years to the expertise of state and local an article in The Atlantic in on the bench. administrative agencies for their December that sheds light on interpretations of the laws and how data can become a key tool Call for Consistency in rules they implement. The Court in reforming the criminal justice Administrative Agency Rulings regularly hears challenges from those who believe an agency system. Justice DeWine made points misinterpreted a law or rule. Collaborating with First District in a national online journal Court of Appeals Judge Pierre that the Court should develop “Our deference ‘doctrine’ is Bergeron, the duo wrote “How a a more consistent method of not really a doctrine at all; it is Spreadsheet Could Change the determining when, if ever, it will more like Hogwart’s Room of Criminal Justice System.” defer to an administrative agency’s Requirement, where a judge or practitioner truly in need “Many court systems lack basic interpretation of a law or rule. can always find some bit of data about themselves, including Justice DeWine urged the Court law equipped for the seeker’s about their criminal-sentencing to revisit “our administrative purpose,” Justice DeWine wrote, decisions,” the jurists wrote. deference doctrines” in an referring to the popular novel October posting for “Notice & This means that when a judge “Harry Potter and the Order of Comment,” a blog from the Yale considers a sentence for a criminal the Phoenix.” defendant, he or she has no Journal on Regulation. Justice DeWine concluded that way to evaluate it against others The journal is published by the Ohio legal practitioners, agencies, handed down for similar crimes in Yale Law School and the American and lower courts could all benefit the same state, or even the same Bar Association’s Section of from additional clarity about county.” Administrative Law & Regulatory exactly what the Court’s doctrine Practice. In July, Ohio Supreme is and when it applies. Chief Justice O’Connor told In his post, Justice DeWine the state’s criminal sentencing explained that the Court has not

22 StaffNotes

JOHN VANNORMAN PROMOTED TO CHIEF LEGAL COUNSEL After 14 years in various capacities at “I am deeply honored and humbled the Court, John VanNorman was named by the opportunity to continue my chief legal counsel in February. service to the Supreme Court, as well On top of managing the Office of as the Ohio citizenry, as chief legal Chief Legal Counsel, which oversees counsel,” VanNorman said. the legal, legislative, and policy affairs His previous roles included interim functions within the state’s highest and deputy chief legal counsel. Prior court, VanNorman serves on the to his time at the Court, VanNorman Court’s administrative leadership served as an attorney for the Ohio team. He also provides legal counsel General Assembly’s Legislative Service and research support to the justices, Commission. His efforts with the Court staff, and implements policy commission included legal research and legislative drafting, as well as staffing initiatives concerning the administrative John VanNorman operation of the Court. various House and Senate committees.

FACILITIES DIRECTOR JERRY WILLIAMS PASSES AWAY RETIREMENTS

The Court lost a beloved colleague with SUSAN BARKELOO the passing of Facilities Management Custodian Director Jerry Williams on June 17 after an Office of Facilities Management extended illness at the age of 59. JENNIFER MIDDELER Jerry joined the Court in March 2015, Senior Network Administrator and was named Facilities Management Office of Information Technology director in March 2018. “Jerry was a huge force in keeping STEVEN L. NEAL Housekeeping Assistant The Thomas J. Moyer Judicial Center Office of Facilities Management operational and its elements in the best shape possible,” said Chief Justice Maureen ELIZABETH REYNOLDS O’Connor. “But his contribution as a boss, Receptionist Jerry Williams friend, and colleague is his greatest legacy.” Office of Disciplinary Counsel

EMPLOYEES DISTINGUISHED FOR QUALITY AND QUANTITY OF DUTY The Supreme Court recognized dozens of staff members for employee excellence and years of service in its 16th annual ceremony. The event was held virtually on Nov. 17. Three employees received Professional Excellence Awards, the highest honor given to Court employees: Greg Matthews, master commissioner in the Office of Legal Resources; Jason Monroe, database administrator in the Office of Information Technology; and Sara Stiffler, manager of the Civic Education Section in the Office of Public Information. The Court also honored 40 employees for five, 10, 15, 20, 25, and 30 years of service. From left: Greg Matthews, Jason Monroe, and Sara Stiffler.

23 2020 Year in Review

JAN FEB MARCH APRIL

JAN. 6 FEB. 14 The Court opens a The chief justice also The Court announces that The Court partners public-comment period declares that the Ohio 54 local court projects with the Ohio State Bar on proposed amendments Supreme Court will offer received $3.2 million in Association to provide to the Rules for the millions of dollars in technology grants. sexual-harassment training Government of the Bar grants from its budget to to about 750 attorneys and of Ohio and the Rules help local courts acquire JAN. 23 judges. for the Government of technology to operate the Judiciary of Ohio during the public health The Court publishes an FEB. 18 that address the process crisis. extensive new Judicial for investigating and Guide to Public Health to The chief justice and prosecuting allegations of MARCH 27 assist judges in preparing Administrative Director professional misconduct for health emergencies. Jeff Hagler host the deans The Court issues a by Ohio judges and tolling order allowing for of Ohio and Kentucky law attorneys. FEB. 7 schools and members of the delay of a variety of the state’s bar association legal deadlines to help the The Court releases a MARCH 10 state’s courts grapple with new bench book to help to discuss key issues, including the Uniform Bar Despite the cancellation the coronavirus crisis. mayor’s courts navigate of the statewide Dispute day-to-day operations. Exam. Resolution Conference, APRIL 7 acclaimed attorney and FEB. 10 FEB. 20 Chief Justice O’Connor renowned mediator Ken releases a guide to the Justice Stewart addresses The Court and Ohio Feinberg delivers his Access to Justice state’s mayor’s courts on a crowded Courtroom keynote presentation to how to operate during the audience on “The Foundation call on a small audience and for Ohio’s 44,000 attorneys to coronavirus public health Harmony of Music and the future video airing. emergency. Law” during the Court’s complete a survey on pro annual Black History bono services in an effort MARCH 14 APRIL 14 Month celebration. to gauge the state’s efforts to provide legal assistance Chief Justice O’Connor The chief justice to needy Ohioans. issues her first guidelines FEB. 12 declares that the Rules of to help local Ohio courts Practice of the Supreme The justices approve a FEB. 28 weather the coronavirus Court will be reinstated new amendment to the crisis and keep courts Justices Fischer and for the Court on April 21, code of Judicial Conduct open across the state. saying, “Our Court has regarding judicial Donnelly participate in a panel discussion hosted the ability and obligation campaign contribution MARCH 19 to continue hearing and limits. by the Ohio State Bar Association following a Chief Justice considering cases and Columbus screening of the O’Connor participates issuing decisions during FEB. 13 award-winning film “Just in the governor’s daily this emergency period.” Chief Justice O’Connor Mercy.” coronavirus briefing to convenes a new task discuss the operation of APRIL 20 force to analyze wrongful the state’s court system The justices approve a new convictions and make and the public’s access Model Uniform Traffic recommendations on to its courts, in ways Ticket for the state. improvements to the consistent with the state’s judicial system. public-health strategy; “Courts must be open to address emergency and time-sensitive matters,” she says.

Events related to the COVID-19 pandemic are marked with this symbol. 24 MAY JUNE JULY

APRIL 28 – 29 MAY 13 JUNE 4 JULY 3 The Ohio Supreme Court The Court postpones Chief Justice O’Connor Chief Justice O’Connor holds oral arguments using the summer bar exam due appoints 24 members issues an Independence videoconferencing for the to public health concerns. of a new task force on Day statement on criminal first time, with all justices conviction integrity and justice reform, saying, and attorneys appearing MAY 14 postconviction review, “The law recognizes the remotely. The Court announces charging its members, importance of equal that recent law school including Justice Donnelly, justice. But it is up to our MAY 1 graduates can apply to with recommending court systems, the judges, Chief Justice O’Connor practice law pending improvements in criminal and the lawyers to ensure authorizes nearly $6 admission while they wait conviction procedures and that the constitutional million from the Court’s to take the bar exam. how reviews are conducted guarantees are applied budget for remote after a conviction. equally.” technology grants to MAY 28 – 29 JUNE 8 JULY 13 277 courts, in response The Moyer Judicial Center, to courts’ urgent need suffers extensive damage The justices issue an Chief Justice O’Connor, to make operational at the hands of vandals order addressing amended Justice Donnelly, Criminal changes under COVID-19 who took advantage of notarization requirements Sentencing Commission guidelines. the widespread protests for certain Supreme Director Sara Andrews in downtown Columbus Court forms during the and two appellate judges The Court announces that following the death coronavirus pandemic. participate in a virtual 124 people passed the of George Floyd by public forum on criminal February 2020 bar exam, a Minneapolis police. JUNE 29 justice reform and the passage rate of slightly less The Court touts creation of a statewide sentencing database. than 50%. MAY 29 mediation and technology Justices Fischer and as good remedies between JULY 22 MAY 6 DeWine visit the Hamilton home owners and lenders The Ohio Judicial County Domestic Relations in a newly published guide The Court issues a College offers new web Court, seeing first-hand on foreclosures and civil report to state courts training called “Courts how the Supreme Court’s justice. offering recommendations and Coronavirus,” to help technology grant of on handling an expected court staff learn how to $35,000 helps the court JUNE 30 influx of eviction filings operate successfully under continue its work during The Court adopts during the global public health guidelines. the public health crisis. a revised mediation- pandemic. training rule to assist in MAY 11 JUNE 3 the anticipated increase JULY 23 The justices hold the 2020 The Court issues an in foreclosure and The Court approves a spring bar admissions order allowing any oath eviction cases during the plan for attorneys to serve event virtually for the first or affirmation required pandemic. as volunteer election poll time, due to the public by a rule of the Court workers while earning health emergency. to be administered credits for mandatory remotely by use of audio continuing education. MAY 11 – 14 or video communication The Ohio Judicial College technology. The Court postpones holds orientation for the bar exam for an 26 new judges during additional month, citing its biannual, weeklong continued health-safety orientation, completed via concerns. live webinars.

25 AUG SEPT OCT NOV

JULY 24 SEPT. 4 SEPT. 22 OCT. 15 The Court issues more The Court publishes The Court accepts a The Court’s Commission than $700,000 in civil guidance for state courts portrait of former Justice on Continuing Legal justice grants to 19 on the U.S. Centers for Terrence O’Donnell Education sanctions nearly courts and court-related Disease Control and during a morning 300 attorneys who failed associations to help low- Prevention’s directive Courtroom ceremony in to comply with their CLE income, underserved, and halting evictions of home which Justice O’Donnell requirements. disadvantaged Ohioans renters. addressed the small who need legal assistance. audience by videotape. OCT. 19 A sentencing committee releases The Court publishes a new JULY 31 SEPT. 29 24 recommendations toolkit to assist guardians The Court issues an on uniform criminal Justice Donnelly plays appointed for Ohioans order to continue allowing sentencing to the Ohio his guitar with fellow with developmental remote appearances by Criminal Sentencing judges and attorneys, who disabilities. parties in Ohio courts, Commission. together form the band as well as the remote “Faith and Whiskey,” OCT. 30 administration of oaths in the annual Jam for SEPT. 10 With COVID-19 cases and affirmations. Justice event – virtual this and deaths escalating to The chief justice delivers year – to raise money for her annual State of the record numbers, Chief AUG. 4 the Legal Aid Society of Justice O’Connor issues a Judiciary address live via Cleveland. The Court approves remote technology, saying, statement asking judges two amendments to “When those times present to adhere to stringent SEPT. 30 the Code of Judicial themselves, as judges, we health precautions in their Conduct revising certain must remember: If not us, The Judicial College courtrooms. requirements for judicial who? Who is there to sit on holds three days of virtual campaigns. the bench and try to mete orientation sessions for In a letter to Ohio’s out justice if not us?” nearly 80 new magistrates. judges, the chief justice AUG. 7 reminds the state’s CBS This Morning SEPT. 11 OCT. 5 – 6 judiciary that they have the authority to continue features Chief Justice Chief Justice O’Connor After multiple jury and bench trials for O’Connor on a segment announces a new task postponements due to defendants on a case- in which she promotes force to study how courts COVID-19, the Court, by-case basis if certain Ohio’s plan for lawyers to used technology during for the first time, holds conditions are met. volunteer as poll workers the coronavirus pandemic the two-day Uniform Bar to help close the expected and to identify best Exam for nearly 1,000 shortfall of precinct practices to be retained applicants. NOV. 3 officials during the general by courts after the public Justice Sharon L. Kennedy election. health crisis ends. OCT. 13 wins re-election to a The Court issues two second full term on the AUG. 12 SEPT. 21 new bench cards to assist Court during the statewide general election. The Court issues a video The Court enacts new judges in managing case showing the repairs to uniform domestic relations backlogs during the Justice French loses her the Moyer Judicial Center and juvenile forms to help pandemic. bid for re-election to and documenting the self-represented litigants Justice-elect Jennifer context of the events and access the justice system Brunner, who takes office circumstances that led to and to be used by parties, in January 2021. the peaceful protests and attorneys, and local courts ensuing vandalism. around the state.

Events related to the COVID-19 pandemic are marked with this symbol. 26 DEC

NOV. 5 NOV. 19 DEC. 10 The Court issues The Ohio Chapter of Chief Justice O’Connor See the Supreme Court new bench cards from the American Board of urges Gov. Mike DeWine of Ohio website for its Language Services Trial Advocates presents to include the staff a full list of all Supreme program to help courts Chief Justice O’Connor members of Ohio’s courts Court orders and resources working with sign, foreign with its Professionalism in the state’s Phase 1 related to the COVID-19 language, video, and Award, stating, “Chief distribution plans, saying public health emergency. telephonic interpreters Justice O’Connor the U.S. Department of during the pandemic on has clearly been our Homeland Security has the use of interpreters bellwether and led us identified “judges, lawyers, in remote hearings or through the crucible in and others providing legal functions. this court coronavirus assistance” as essential calamity.” infrastructure workers. NOV. 10 The Task Force NOV. 23 DEC. 14 on Improving Court The Court launches The Court holds its Operations Using Remote two months of online second virtual admissions Technology – iCOURT educational programming ceremony welcoming – surveys lawyers, judges, in place of the annual nearly 750 new attorneys and court staff on how Specialized Dockets to the Ohio bar. technology is being used Conference, which usually during the pandemic. is the Court’s largest DEC. 7 - 11 annual event. Nearly 70 new judges NOV. 17 participate in the Court’s The justices recognize NOV. 24 mandatory four-day three Supreme Court staff The chief justice lauds orientation training, held members with Professional the 1,026 Ohio attorneys virtually. Excellence awards during who served as volunteer a virtual ceremony, election-poll workers DEC. 17 honoring their work in during the November Saying the next several 2019. election. months still will be difficult for courts operating The same ceremony, which NOV. 30 under COVID-19 safety was postponed earlier in The Court announces a guidelines, the chief justice the year, also honors 40 77%-passage rate for the signs a 90-day order tolling staff members’ milestone October bar exam, saying case-time standards for service awards of five, 10, 741 aspiring attorneys Ohio’s judges. 15, 20, 25, and 30 years passed. working for the Court.

27 ADMINISTRATIVE OPERATIONS

ADMINISTRATIVE DIVISION COURT SERVICES DIVISION JUDICIAL & EDUCATION SERVICES The Administrative Division is The Office of Court Services DIVISION the lead division of the Supreme supports trial and appellate courts The Office of Judicial Services Court. It assists in developing in the administration of justice. is the lead office of the division, and communicating the long- Its staff provides traditional and which includes the Ohio term vision, values, and direction innovative services in response to Judicial College. The Office of of the Court and the judicial and with respect for the needs of Judicial Services coordinates branch of Ohio government. The the courts and the public. the management of division Administrative Division includes projects and provides oversight the offices of the Administrative FACILITIES MANAGEMENT of the judges’ database, support Director, Chief Legal Counsel, DIVISION services for the creation of new Court Security, Fiscal Resources, The Facilities Management judgeships, and the assignment Human Resources, Law Library, Division ensures the secure and of visiting judges. The Judicial and Public Information. This efficient operation of the Moyer College provides educational division also oversees Court Judicial Center and maintains programs for Ohio’s judges and communication and outreach internal and external comfort, non-judicial court personnel, as and provides support to the Court cleanliness, and building well as training for those Ohioans and Ohio judiciary in the areas standards. The division provides who serve as guardians ad litem of fiscal, human resources, and building management services and adult guardians. records management. to Supreme Court employees and other building tenants, and LEGAL RESOURCES DIVISION ensures the safety and comfort of ATTORNEY SERVICES DIVISION The Office of Legal Resources guests. The Attorney Services Division assists in resolving complex assists the Supreme Court in its legal issues pending before the regulation of the practice of law INFORMATION TECHNOLOGY Supreme Court. in Ohio. This division includes the DIVISION Office of Bar Admissions. The Information Technology AFFILIATED OFFICES Division operates the Supreme In addition to its eight divisions, Court’s information technology CLERK’S DIVISION the Supreme Court has four systems and processes. The The clerk of the court supervises affiliated offices with quasi- division also develops and the filing of all case-related independent status because of the implements the Ohio Courts items and maintains all case files nature of their work: the Office Network, provides guidance in matters pending before the of Disciplinary Counsel, the Ohio to Ohio courts on technology- Supreme Court. In addition, the Board of Professional Conduct, related matters, and facilitates office maintains case dockets, the Lawyers’ Fund for Client the development of statewide the Court’s journal, and relevant Protection, and the Ohio Criminal information-technology standards trial, appellate, board, and agency Sentencing Commission. for Ohio courts. records. The office prepares and issues Court orders, schedules oral arguments and other case- related matters for the Court’s consideration, and coordinates Complete descriptions of all interagency communication Supreme Court offices and the in death-penalty cases. The affiliated offices are available at division includes the Office of sc.ohio.gov/AdminOffices. the Reporter, which publishes Supreme Court, appellate, and trial court opinions.

28 CASE STATISTICS Nearly 1,600 cases were filed with the Ohio Supreme Court in 2020.

Jurisdictional Practice Of Law Merit Cases Total Appeals Cases

Cases Filed 1,083 376 133 1,592

Case Dispositions 1,108 561 128 1,797

113% CLEARANCE RATE

CASES FILED BY LEGAL CASES PENDING CATEGORY 685 ON JAN. 1, 2020 2020

CASES PENDING 480 ON DEC. 31, 2020

46.8% 8.4% Criminal Practice of Law

23.5% 3.4% Miscellaneous1 Domestic Relations, Probate & Juvenile 17.9% Civil

1 Miscellaneous cases include certified conflict cases, certified questions of state law, direct appeals, original actions, and administrative appeals.

29 CASES FILED IN 2020

1,083 Jurisdictional Appeals 1,025 Jurisdictional Appeals 7 Death Penalty Postconviction Appeals 5 Appeals Involving Termination of Parental Rights/Adoption 46 Appeals from App.R. 26(B) Applications

376 Merit Cases 230 Original Actions 48 Habeas Corpus Cases 58 Direct Appeals (Cases Originating in Court of Appeals) 11 Certified Conflicts 0 Certified Conflicts Involving Termination of Parental Rights/Adoption 15 Appeals from Board of Tax Appeals 4 Appeals from Public Utilities Commission 2 Appeals from Power Siting Board 1 Death Penalty Cases 0 Appeals from App.R. 26(B) Application in Death Penalty Case 0 Certified Questions of State Law 0 Appeals from Denial of DNA Testing in Capital Case 0 Appeals of Contest of Election under R.C. 3515.15 0 Petition Challenges pursuant to Article II, Section 1g of the Ohio Constitution 0 Contests of an Election pursuant to R.C. 3515.08 7 Cases Purporting to Invoke Unspecified Original Jurisdiction

133 Practice of Law Cases 118 Disciplinary Cases 6 Bar Admission Cases 7 Unauthorized Practice of Law Cases 2 Other Matters Relating to the Practice of Law

1,592 Total Cases Filed

30 2020 FINAL DISPOSITIONS

1,112 Jurisdictional Appeals2 1,044 Jurisdictional Appeals3

7 Death Penalty Postconviction Appeals

8 Appeals Involving Termination of Parental Rights/Adoption

50 Appeals from App.R. 26(B) Applications

3 Petitions to Transfer Board of Tax Appeals Appeal from Court of Appeals

557 Merit Cases 234 Original Actions

46 Habeas Corpus Cases

101 Direct Appeals (Cases Originating in Court of Appeals)

26 Certified Conflicts

2 Certified Conflicts Involving Termination of Parental Rights/Adoption

4 Appeals from Board of Tax Appeals

11 Appeals from Public Utilities Commission

1 Appeals from Power Siting Board

7 Death Penalty Cases

0 Appeals from App.R. 26(B) Application in Death Penalty Case

3 Certified Questions of State Law

0 Appeals from Denial of DNA Testing in Capital Case

0 Appeals of Contest of Election under R.C. 3515.15

0 Petition Challenges pursuant to Article II, Section 1g of the Ohio Constitution

5 Other Merit Cases

117 Jurisdictional Appeals Accepted for Merit Review4

128 Practice of Law Cases 119 Disciplinary Cases

4 Bar Admission Cases

3 Unauthorized Practice of Law Cases

2 Other Matters Relating to the Practice of Law

1,797 Total Final Dispositions

2 This category includes dispositions when the Court declined to accept jurisdiction and did not review the merits of the case. 3 This category includes jurisdictional appeals that were accepted and held, but later summarily decided without briefing. 4 This category does not include appeals that were accepted and held, but later summarily decided without briefing.

31 CASES PENDING ON DEC. 31, 2020

211 Jurisdictional Appeals 200 Jurisdictional Appeals 1 Death Penalty Postconviction Appeals 0 Appeals Involving Termination of Parental Rights/Adoption 10 Appeals from App.R. 26(B) Applications 0 Petitions to Transfer Board of Tax Appeals Appeal from Court of Appeals

211 Merit Cases 68 Original Actions 7 Habeas Corpus Cases 27 Direct Appeals (Cases Originating in Court of Appeals) 11 Certified Conflicts 0 Certified Conflicts Involving Termination of Parental Rights/Adoption 12 Appeals from Board of Tax Appeals 4 Appeals from Public Utilities Commission 1 Appeals from Power Siting Board 10 Death Penalty Cases 0 Certified Questions of State Law 0 Appeals from App.R. 26(B) Application in a Death Penalty Case 0 Appeals from Denial of DNA Testing in Capital Case 3 Other Merit Cases 68 Jurisdictional Appeals Accepted for Merit Review

58 Practice of Law Cases 46 Disciplinary Cases

5 Bar Admission Cases

7 Unauthorized Practice of Law Cases

480 Total Cases Pending

32 Judiciary/Supreme Court OPERATING EXPENDITURES

The Supreme Court of Ohio/Judiciary GRF budget totals $196.8 million, which is used to support the operation of the Moyer Judicial Center, as well as the payment of the salaries of Ohio judges and district court of appeals staff.

Expenditures Percent Budgeted Percent FY 2020* of Total FY 2021** of Total OHIO JUDICIARY

Courts of Appeals Judges $ 14,395,166 7.3% 15,602,779 7.6% Trial Court Judges $94,682,887 48.1% 98,696,207 48.1%

TOTAL OHIO JUDICIARY $109,078,053 55.4% $114,298,986 55.7%

COURT OF APPEALS STAFF $31,052,029 15.8% $34,624,504 16.9%

SUPREME COURT

Supreme Court of Ohio Operations $50,889,731 25.8% $50,059,115 24.4% Ohio Center for Law-Related Education $200,000 0.1% $200,000 0.1% Ohio Courts Network Initiative $5,210,567 2.6% $5,435,625 2.6% County Law Library Resources Board $226,772 0.1% $313,500 0.2% Civil Justice Program Fund $224,718 0.1% $350,000 0.2%

SUPREME COURT TOTAL $56,751,788 28.8% $56,358,240 27.5%

OHIO JUDICIARY & SUPREME COURT TOTAL $196,881,870 $205,281,730

* Includes encumbrances and all fund sources. NOTE: Numbers may be rounded up to the nearest dollar. ** Budget is as of January, fiscal year 2021. SOURCE: State of Ohio OAKS Fin System

33 Ohio Judiciary/Supreme Court Fiscal Year 2020 Total Expenditures

$109,078,053 Ohio Judiciary

$56,751,788 Supreme Court

$31,052,029 Court of Appeals Staff

Supreme Court of Ohio Fiscal Year 2020 Total Expenditures

$50,889,731 Ohio Supreme Court Operations

$5,210,567 Ohio Courts Network Initiative

$651,490 Ohio Center for Law-Related Education, County Law Library Resources Board, and Civil Justice Program Fund

34 T  S C of O  2020 ADMINISTRATIVE STRUCTURE

CHIEF JUSTICE & JUSTICES The Supreme Court of Ohio AFFILIATED OFFICES

BOARD OF ADMINISTRATIVE DIVISION PROFESSIONAL CONDUCT Richard A. Dove Director Jeffrey C. Hagler, Administrative Director Stephanie E. Hess, Deputy Administrative Director OFFICE OF DISCIPLINARY COUNSEL • Office of the Administrative Director Joseph Caligiuri Disciplinary Counsel • Office of the Chief Legal Counsel • Office of Court Security LAWYERS’ FUND • Office of Fiscal Resources FOR CLIENT PROTECTION Janet Green Marbley • Office of Human Resources Administrator • Office of Public Information CRIMINAL SENTENCING • Civic Education Section COMMISSION Sara Andrews • Law Library Director

ATTORNEY SERVICES CLERK’S LEGAL RESOURCES DIVISION DIVISION DIVISION Gina White Palmer, Director Sandra H. Grosko, Clerk Elisabeth Long, Director • Office of Attorney Services • Office of the Clerk • Office of Legal Resources • Office of Bar Admissions • Office ofthe Reporter

INFORMATION JUDICIAL & EDUCATION COURT SERVICES TECHNOLOGY DIVISION SERVICES DIVISION DIVISION Robert D. Stuart, Director W. Milt Nuzum, Director Stephanie Nelson, Director • Office of Information Technology • Office of Judicial Services • Office of Court Services • Application Development • Judicial College • Case Management Section • Children & Families • Network & Technology • Dispute Resolution Resources Section • Domestic Violence • Language Services • Specialized Dockets FACILITIES MANAGEMENT DIVISION Anthony Joyce, Director • Office of Facilities Management

35 BOARDS, COMMISSIONS, ADVISORY COMMITTEES, AND TASK FORCES The Court relies on the volunteer services of dozens of committed judges, attorneys, clerks, court administrators, and private citizens who serve on the Supreme Court’s many boards, commissions, advisory committees, and task forces. These bodies help the Court provide oversight to Ohio courts, regulate the practice of law, and provide efficient and helpful services to the judicial branch of Ohio government. To learn more about these bodies and the nature of their work, refer to sc.ohio.gov.

BOARDS OHIO BOARD OF BOARD ON THE Hon. Jonathan Starn* PROFESSIONAL CONDUCT UNAUTHORIZED Hon. James T. Walther BOARD OF BAR EXAMINERS Richard A. Dove PRACTICE OF LAW Hon. Annalisa Stubbs Williams Tiffany Kline director Minerva B. Elizaga Hon. Gene A. Zmuda secretary secretary George Brinkman Lisa Weekley Coulter John R. Carle Richard L. Creighton Jr. Jennifer E. Day James D. Caruso Leighann K. Fink COMMISSIONS Patricia Gajda Elizabeth E. Cary Roseanne Hilow COMMISSION ON Hon. Linda J. Jennings Tim L. Collins Kent C. Kiffner* CERTIFICATION OF ATTORNEYS Julie A. Jones Hon. D. Chris Cook Jamar T. King AS SPECIALISTS Kevin J. Kenney Hon. Rocky A. Coss Paul T. Kirner Bradley J. Martinez secretary Edward F. Kozelek Teri R. Daniel David A. Kutik Robert M. Morrow David L. Dingwell Amy Lewis Steven A. Anderson Michael E. Murman William H. Douglass Jan A. Saurman David S. Blessing William J. O’Neill Lisa A. Eliason Wednesday G. Shipp Justin R. Blume Hon. Fanon A. Rucker Lindsay Ford Ellis David Tom Karen L. Bovard Robert Sanker Robert B. Fitzgerald David E. Tschantz Elizabeth Cooke Thomas J. Scanlon Hon. Joseph Gibson Alfred P. Vargas David R. Cory* Adam Seibel Thomas M. Green Jamie Eck John W. Waddy Jr. David W. Hardymon LAWYERS’ FUND Janis E. Susalla Foley FOR CLIENT PROTECTION Suzanne M. Waldron Lori A. Herf Doron M. Kalir Janet Green Marbley C. Michael Walsh Tad A. Herold Amy Beth Koorn administrator Hon. Mark K. Wiest* Hon. William A. Klatt Patricia D. Lazich M. Lynn Lampe Hon. Cassandra Collier-Williams Kathryn L. McBride BOARD OF COMMISSIONERS Patrick M. McLaughlin Gregory Delev Hon. Thomas O’Diam ON CHARACTER & FITNESS Danielle M. Parker Jack R. Kullman Jr.* Hon. Colleen O’Donnell Gina White Palmer Kenneth E. Peller Sara Peller Norman Ogilvie secretary Peggy J. Schmitz Hon. Guy Reece II (Ret.) David M. Rickert Charles H. Bean Carolyn A. Taggart Monica Sansalone Christopher Roederer Timothy Chai Adrian D. Thompson Josue’ Vicente Thomas R. Theado Darrell A. Clay* Hon. Adolfo A. Tornichio Faye D. Cox Hon. John R. Willamowski JUDICIAL COLLEGE COMMISSION ON BOARD OF TRUSTEES McKenzie K. Davis Hon. John W. Wise* CONTINUING M. Christy Tull LEGAL EDUCATION Brandon D. R. Dynes Patricia A. Wise staff liaison Gina White Palmer Chad A. Heald Frank C. Woodside III secretary Bennett A. Manning Hon. James W. Brown Hon. Denise L. Moody Hon. Julia L. Dorrian Douglas E. Bloom James D. Sillery Thomas Freeman Hon. Laurel A. Beatty Blunt Brian Sullivan Hon. David A. Hejmanowski Julie A. Cohara Hon. Marilyn Zayas Hon. Mary Katherine Huffman Hon. Marisa Cornachio Hon. Stephen L. McIntosh Richard L. Dana Jr. Hon. Maureen O’Connor Hon. William L. Dawson

36 * Chair Terri Enns COMMISSION ON THE RULES COMMISSION ON Gwen Howe-Gebers Barbara J. Howard OF PRACTICE & PROCEDURE TECHNOLOGY & THE COURTS Ryan Gies John C. Huffman IN OHIO COURTS Robert D. Stuart Hon. Terri Jamison Tabitha D. Justice Jess Mosser staff liaison Hon. Jennifer Muench-McElfresh staff liaison Michael Kirby Hon. Thomas O. Beridon Charles T. “Chip” McConville Hon. Michael Krumholtz Rick Brunner Hon. Jeffrey J. Beigel Hon. Steve McIntosh Robert J. Mann Richard S. Fambro Berlin Carroll Kevin Miller Hon. Michael Oster Hon. Alison Floyd Hon. Kevin W. Dunn Aaron Montz Sky Pettey* Hon. Richard A. Frye Barron Henley Hon. Maureen O’Connor* Stephen J. Pronai Hon. Laura J. Gallagher Jason Hill David Painter Patricia Wagner Jeff Hastings David Hunter Elizabeth Poprocki Karen Wiest John D. Holschuh Jr. Nick Lockhart Hon. Bill Seitz Kevin L. Williams John Homolak Steve Longworth Hon. Nick A. Selvaggio Hon. Mary Katherine Huffman Hon. Anita Laster Mays Larry L. Sims COMMISSION ON THE Daniel Izenson Branden C. Meyer Annette Chambers-Smith THOMAS J. MOYER OHIO Elizabeth Lenhart Velta Moisio Hon. Kenneth Spanagel JUDICIAL CENTER M. Scott McIntyre Marlon Primes Brandon K. Standley W. Milt Nuzum Hon. Donald Oda Hon. Robert Rusu Hon. Cecil Thomas staff liaison Andrew S. Pollis* Hon. Laura Smith Hon. Tyrone Yates Lane Beougher* Hon. Dana Preisse Brandon K. Standley Timothy Young Nils Johnson Jr. Hon. James Shriver Hon. James Stevenson* Terence P. Joyce Thomas J. Stickrath Hon. Jeffrey Welbaum COMMISSION Barbara Powers ON DISPUTE RESOLUTION Lori Tyack Hon. Latecia Wiles Jeffrey W. Ruple Catherine C. Geyer Hon. Timothy VanSickle Roger Wilson staff liaison Cat Sheridan Hon. Cheryl Waite Geraldine B. Warner Jonathan Witmer-Rich COMMISSION ON Richard Altman* Stephen White Judy C. Wolford APPOINTMENT OF COUNSEL Hon. Barbara Carter Gary Williams IN CAPITAL CASES Terrence Donnellon Linda Woggon COMMISSION ON THE RULES Tammy White Hon. Gene Donofrio staff liaison OF SUPERINTENDENCE Lenny Eliason COMMISSION ON John S. VanNorman Ann M. Baronas Hon. Colleen Falkowski PROFESSIONALISM staff liaison Richard A. Cline Marc Fishel Bradley J. Martinez Hon. Robert Fragale secretary Christopher Bazeley Jefferson Liston Hon. David Bennett Hon. Thomas Marcelain William Froehlich Stephanie Adams T. Owen Beetham John T. Martin* Douglas N. Godshall Felicia Bernardini Hon. Joyce Campbell Peggy Foley Jones Hon. Timothy P. Cannon Hon. Donna Carr OHIO CRIMINAL SENTENCING George Kaitsa Claudia Cortez-Reinhardt COMMISSION Jeffrey C. Hagler, ex officio Hon. Joyce V. Kimbler Douglas Dennis Sara Andrews Hon. David Hejmanowski Bryan Long Eleana A. Drakatos director Hon. Thomas Januzzi Marcie Patzak-Vendetti Mina Jones Jefferson Gary Kohli Lara N. Baker-Morrish James Petas Jay Michael Tim Lubbe Hon. Kristin Boggs Hon. Karen Phipps Hon. Michelle Garcia Miller Mark McCown Paula Brown Hon. Lori Reisinger Hon. Russell J. Mock II Hon. Jenifer Overmyer Brooke Burns Immy Singh Hon. Beth A. Myers Hon. Diana M. Palos* Hon. Beth Cappelli Denise Platfoot Lacey* Hon. Carol Ann Robb Charles C. Chandler Karen E. Rubin Hon. Jonathan Starn Hon. Robert C. DeLamatre Emily C. Samlow Hon. Matt C. Staley Hon. John Eklund Hon. Latecia E. Wiles Elizabeth W. Stephenson Rick Fambro (Martha S. Asseff served as secretary Susan Sweeney Hon. Robert D. Fragale of the commission for part of 2020.) Hon. Terre L. Vandervoort Hon. Sean Gallagher Kathleen Hamm

37 BOARDS, COMMISSIONS, ADVISORY COMMITTEES, AND TASK FORCES, CONTINUED...

COMMISSION ON ADVISORY COMMITTEE ADVISORY COMMITTEE Michael E. Kochera SPECIALIZED DOCKETS ON CHILDREN & FAMILIES ON DOMESTIC VIOLENCE Glenn A. Martinez Monica Kagey David Edelblute Anne M. Murray John Moore Staff Liaison staff liaison staff liaison Brian Patrick Abbie Badenhop Jody Barilla Cynthia Bailey Hon. Margaret M. Quinn Lara N. Baker-Morrish Hon. Anthony Capizzi Hon. James Brown Hon. Suzan Marie Sweeney Hon. Teresa Ballinger Hon. Denise Cubbon Hon. Thomas Capper Hon. Jazmin Torres-Lugo Hon. Jeffrey Benson Hon. Glenn Derryberry Jennifer Dave Louis E. Valencia II Mary Bower Michelle L. Edgar Micaela Deming Hon. Gary L. Yost Hon. Joyce A. Campbell Ryan Gies Michael Eachus Carlo Zambrano Hon. Theresa Dellick* Hon. Elizabeth Gill** Hon. Marianne Hemmeter COURT PERSONNEL Hon. Ian B. English Hon. Rosemarie A. Hall Hon. Jeffrey Ingraham EDUCATION & TRAINING Hon. Charlotte Coleman Eufinger Pamela Herringhaus Anthony Ingram COMMITTEE Scott Fulton Patricia Hider Richard Ketcham Dot Keil & J. Kristopher Steele Susan L. House Hon. Steven Hurley Hon. Julie Monnin staff liaisons Hon. John P. Kolesar Matthew Kurtz Hon. David Nist David Ballmann Marie Lane Hon. Denise Herman McColley** Hon. Andrea Peeples Jody Barilla Dawn Lucey Hon. Robert Montgomery Hon. Kathleen Rodenberg*** Douglas Bettis Laura Lynd-Robinson Hon. Dixilene Park Alexandria Ruden Sarah Brown-Clark Hon. David T. Matia Hon. Matthew P. Puskarich Hon. Joseph Schmenk Michelle Butts Wade Melton William Rickrich Hon. Laura Beth Smith Carrie Connelly Hon. Charles L. Patton Nicole Rodriguez Hon. Linda Warner*** Amy Gerstmeyer Hon. Jeffrey L. Reed Doug Schonauer Hon. Richard Wright Linda S. Janes Robert Rice Hon. Linda Tucci Teodosio Karen Zajkowski Kathy Lopez Hon. James Shriver Craig Treneff Anthony Miller Hon. Elizabeth Lehigh Thomakos Tonya Whitsett ADVISORY COMMITTEE Michael Moran Hon. Annalisa Stubbs Williams ON THE JUDICIAL FAMILY ADVISORY COMMITTEE NETWORK Michele Mumford ON COURT SECURITY Dean T. Hogan Juli Tice ADVISORY James P. Cappelli, Ryan J. Fahle, staff liaisons & John A. Groom OHIO CRIMINAL SENTENCING Vallie Bowman-English ADVISORY COMMITTEE COMMITTEES staff liaisons Susan Burchfield ADVISORY COMMITTEE Sara D. Andrews Tony Brigano Kelly Cicconetti ON CASE MANAGEMENT director Hon. Chad Carey Jennifer Fuller Colleen Rosshirt Jill Beeler Hon. Katarina V. Cook Tim Gorman* staff liaison Douglas A. Berman Lorrain Croy Susan Hany Jim Cole Hon. Craig R. Baldwin Andrew Elder Sharon Hickson Lori Criss Gretchen Beers Hon. W. Scott Gwin* Susan Ingraham Paul Dobson Elizabeth Blakley Hon. Robert C. Hickson Bill Jennings Hon. Doug Green Russell Brown Hon. Terri Jamison Kristine Puskarich James Lawrence Hon. Kim A. Browne Hon. Linda J. Jennings Laurie Repp David Magura Hon. Beth Cappelli Roger W. Kerner Jr. Cheryl Sieve Jason McGowan Hon. Michelle Earley David T. Marcelli Sue Strausbaugh Karhlton Moore Hon. Laura J. Gallagher Hon. Eric Mulford Y. Elisia Triggs Hon. Keith Spaeth Hon. Michael T. Hall Hon. Gerald Parker Tom Zitter Hon. Paul Pfeifer Hon. Kristen K. Johnson John Ralph Cary Williams Hon. Jerome J. Metz Jr.* Hon. Cynthia W. Rice ADVISORY COMMITTEE Michael Williams Hon. Michael Oster Thomas Riggenbach ON LANGUAGE SERVICES Andy Wilson Hon. Diane M. Palos Hon. Christopher Roberts Bruno G. Romero staff liaison Hon. Gene A. Zmuda Hon. Tom Pokorny (Ret.) Hon. Lee Sinclair (Ret.) Hon. John Rudduck Kevin Talebi Edward H. Chyun Elizabeth W. Stephenson Hon. Timothy Williams Lisa K. Deters Hon. Terri L. Stupica Hon. Richard P. Wright Lidia Ebersole Susan Sweeney Serpil Ergun Hon. Thomas Teodosio Rosalind C. Florez C. Michael Walsh Becky A. Guzman Hon. Curt Werren Hon. David Hejmanowski* Hon. Latecia Wiles John Homolak Hon. Gene A. Zmuda Hon. Molly Johnson

38 * Chair ** Co-Chairs *** Served as chair for part of 2020 TASK FORCES TASK FORCE ON IMPROVING Hon. Andrea C. Peeples COURT OPERATIONS USING Paul Rattermann TASK FORCE ON REMOTE TECHNOLOGY Kyle Silvers CONVICTION INTEGRITY AND Kyana Pierson POSTCONVICTION REVIEW Elizabeth W. Stephenson staff liaison Kenneth R. Teleis Justin T. Kudela staff liaison Hon. Craig R. Baldwin Lori M. Tyack Douglas Bettis Hon. James T. Walther Sara Andrews Hon. Van Blanchard II Hon. Pierre Bergeron Hon. Rocky A. Coss* Hon. Rocky Coss Hon. Theresa Dellick Hon. Michael P. Donnelly Hon. R. Patrick DeWine Hon. Theresa Gavarone Daniel P. Driscoll Mark Godsey Douglas W. Eaton Hon. David Leland Hon. Ian B. English John Martin Serpil Ergun Hon. Stephen McIntosh Hon. Jonathan P. Hein Hon. Lindsay Navarre Kelli R. Howard Meredith O’Brien Robert Incorvati Michael O’Malley Nick Lockhart Tom Riggenbach Haley K. Martinelli Hon. Nick Selvaggio Ellen McCarthy Andy Wilson Velta Moisio Hon. Dave Yost Theresa Nelson Timothy Young Hon. Deborah J. Nicastro Hon. Gene A. Zmuda*

39 VISITING JUDGES According to the Ohio Constitution, in the event of a recusal by a justice from a pending case, the chief justice can appoint any of the 69 sitting Ohio appellate court judges to sit temporarily on the Supreme Court. The Court thanks the court of appeals judges who served as visiting judges for Supreme Court oral arguments in 2020.

HON. MICHELLE J. SHEEHAN HON. ARLENE SINGER HON. CANDACE C. CROUSE EIGHTH DISTRICT SIXTH DISTRICT FIRST DISTRICT Pattiann McAdams Defender Security Co. Richard Binder, et al. and Gerald v. Mercedes-Benz USA, LLC, et al. v. Tax Commissioner of Ohio Butterfield, et al. v. Cuyahoga County Case No. 2018-1667 Case No. 2019-0531 Case No. 2019-1232 January 8 April 28 August 4

HON. DONNA J. CARR HON. WILLIAM A. KLATT HON. EILEEN A. GALLAGHER NINTH DISTRICT TENTH DISTRICT EIGHTH DISTRICT ODJFS v. Delphi Automotive City of Cincinnati In re: R.B. Systems, LLC v. Fourth National Realty, LLC Case No. 2019-1325 Case No. 2017-0553 Case No. 2019-0898 August 5 January 29 June 3 HON. W. SCOTT GWIN HON. LISA L. SADLER HON. ROBIN N. PIPER III FIFTH DISTRICT TENTH DISTRICT TWELFTH DISTRICT Robert Wilson, et al. State of Ohio v. Sharon D. Fips City of Cincinnati v. Abubakar Atiq Durrani M.D., et al. Case No. 2018-1778 v. Fourth National Realty, LLC Case No. 2019-1560 January 29 Case No. 2019-0898 August 5 June 3 State of Ohio v. Mitchell Hartman HON. WILLIAM A. KLATT Case No. 2019-0184 HON. JOHN R. WILLAMOWSKI TENTH DISTRICT February 25 THIRD DISTRICT Robert Wilson, et al. State of Ohio v. LaShawn Pettus v. Abubakar Atiq Durrani M.D., et al. HON. GENE A. ZMUDA Case No. 2019-0914 / 2019-1027 Case No. 2019-1560 SIXTH DISTRICT June 16 August 5 State v. Dent/State v. Walker Case No. 2019-0651 / 2019-0654 HON. FREDERICK D. NELSON HON. JOHN W. WISE February 26 TENTH DISTRICT FIFTH DISTRICT State of Ohio v. Adam Bowers Rayco Manufacturing, Inc. HON. ROBIN N. PIPER III Case No. 2019-1282 v. Murphy, Rogers, Sloss & Gambel, TWELFTH DISTRICT July 7 a Professional Law Corporation, et al. State of Ohio/Village of Put-in-Bay Case No. 2019-1498 v. Mark Mathys and State of Ohio/ HON. PIERRE BERGERON August 18 Village of Put-in-Bay v. Islander Inn FIRST DISTRICT Case No. 2019-0324 Harmon Lingle and Mark Grosser March 10 v. State of Ohio, et al. Case No. 2019-1247 / 2019-1309 HON. LYNNE S. CALLAHAN July 8 NINTH DISTRICT Madora Jones, Admin. HON. LAUREL BEATTY BLUNT v. Cleveland Clinic Foundation, et al. TENTH DISTRICT Case No. 2019-0390 State of Ohio v. Randy Jones, et al. March 11 Case No. 2018-0444 August 4

40 HON. MICHELLE J. SHEEHAN HON. ARLENE SINGER HON. CANDACE C. CROUSE

HON. DONNA J. CARR HON. WILLIAM A. KLATT HON. EILEEN A. GALLAGHER

HON. LISA L. SADLER HON. JOHN R. WILLAMOWSKI HON. W. SCOTT GWIN

HON. GENE A. ZMUDA HON. FREDERICK D. NELSON HON. JOHN W. WISE

Visiting judges participated in remote oral arguments from April through August.

HON. ROBIN N. PIPER III HON. PIERRE BERGERON

HON. LYNNE S. CALLAHAN HON. LAUREL BEATTY BLUNT

41 This report is available for online viewing and sharing at sc.ohio.gov/publications.

PUBLISHED BY T  S C of O  AUGUST 2021

T  S C of O 

2020 SUPREME COURT OF OHIO STAFF

OFFICE OF CHIEF JUSTICE MAUREEN O’CONNOR · Timothy P. Andersen · John D. Biancamano · Theresa M. Dean · Amy J. Ervin · Victoria C. Gooder · Sarah R. Stafford · OFFICE OF JUSTICE SHARON L. KENNEDY · Francis L. (Bud) Barnes III · Dorothy T. Gass-Lower · Alyssa A. Guthrie · James W. Sheridan · OFFICE OF JUSTICE JUDITH L. FRENCH · Pearl M. Chin · Sheena L. Helm · Jon E. Schelb · Kara N. Wells · OFFICE OF JUSTICE PATRICK F. FISCHER · Gerri L. Allen · Kylie A. Conley · Gregory R. Dick · Ronald L. Wadlinger II · OFFICE OF JUSTICE R. PATRICK DeWINE · Lina N. Alkamhawi · Hugh P. Dowell · Andrew T. Jordan · Daniel Z. Nelson · Lauren M. Staley · Paul D. Taske · Xin Wen · OFFICE OF JUSTICE MICHAEL P. DONNELLY · Robert L. Burpee · Christine A. Einloth · Cheryl L. Hannan · Rebecca F. Rabb · OFFICE OF JUSTICE MELODY J. STEWART · Caitlin Hill · Christina Madriguera · Arleathia Radcliffe · Timothy Riordan · Jaquan S. Williams · ADMINISTRATIVE DIVISION · Phillip Battle · Bethany L. Boston · Michael L. Bracone II · Marlys Watson Bradshaw · P. Michael Bradshaw · Diana L. Burroughs · Matthew J. Busser · Michael T. Callahan II · James P. Cappelli · Ronda E. Carver · William B. Crawford Jr. · Rachel M. Dilley · Carol C. Durley · Roger D. Eden II · Mary V. Edwards · Deborah S. Fagan · Ryan J. Fahle · Phillip A. Farmer · Mason T. Farr · Linda J. Flickinger · Nelson Roberto Frantz · Anna E. Gault · Timothy L. Gaunt · Michelle Graff · John A. Groom · Jeffrey C. Hagler · Stephanie E. Hess · Linda Hodge · Scott A. Irion · Jeffrey M. Jablonka · Michel M. Jendretzky · Sharon L. Jewett · Christine L. Kidd · Kenneth S. Kozlowski · Andrea N. Kulikowski · Michelle L. LaMaster · Erika L. Lemke · Lisa M. Lynch · Kathleen M. Maloney · Ely Margolis · Edward K. Miller · Jesse T. Mosser · Brandee E. Preston · Scott J. Schaller · Bryan M. Smeenk · George E. Smith · Sara S. Stiffler · Chelsey L. Stillwell · Csaba Sukosd · Davina Tate · Carol A. Taylor · James R. Theado · Jason L. Thomas · Daniel F. 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Murray · Stephanie Graubner Nelson · Kyana Darner Pierson · Bruno G. Romero · Colleen P. Rosshirt · Tasha R. Ruth · Lizett M. Schreiber · Latonya D. Adjei Tabi · Zachary M. Vicha · Alicia F. Wolf · INFORMATION TECHNOLOGY DIVISION · Kristina Halter Blake · W. Jeffrey Campbell · Randall Drum · Mark Dutton · J A Espinosa-Smith · Patrick A. Farkas · Randall J. Garrabrant · Christian L. Hampson · James A. Homer · Gregory K. Jarrett · Jeremy M. Johnson · Russell S. Johnson · Ryan C. Johnston · Joshua K. McCrea · Jennifer M. Middeler · Jason M. Monroe · Alan Ohman · Megan M. Real · Michelle A. Ridgway · Igor Stavniychuk · Robert D. Stuart · Lisa Marie Tenerove · Gerald K. (Butch) Thomas · Cynthia Ann Wendel · FACILITIES MANAGEMENT DIVISION · Susan Barkeloo · Robert J. Brown · Mary J. Harrison · Derrick K. Head · Anthony T. Joyce · Christopher R. Lozan · Riley J. McQueen · Troy A. Moran · Curtis Muhammad · Kristen N. Myers · Steven L. Neal · Ian N. Palmer · Joey L. Perkins · Sandra J. 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Stone · Audrey Varwig · OHIO CRIMINAL SENTENCING COMMISSION · Sara D. Andrews · Nikole D. Hotchkiss · Todd Ives · Scott Shumaker ·