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T  S C of O 

Annual Report 2016

Maureen O’Connor Chief Justice

Paul E. Pfeifer Terrence O’Donnell Judith Ann Lanzinger Sharon L. Kennedy Judith L. French William M. O’Neill Justices

Michael L. Buenger Administrative Director

A Message from the Chief Justice

Dear Ohioans,

In 2016, the Ohio Supreme Court invested resources to address several intractable problems facing Ohioans in every corner of the state.

Many Ohio communities continue to grapple with the opioid epidemic, especially since the state leads the nation in the number of opioid overdose and poisoning deaths. For that reason, the Supreme Court hosted a nine-state regional delegation called the Regional Judicial Opioid Initiative. Participants engaged on ways to: share database information to prevent the crossing of state borders to obtain prescriptions; coordinate medication-assisted treatment and drug court procedures; and provide for the emergency placement of children affected by a parent with an opioid-use disorder.

The Court also spent considerable resources last year to address the ongoing impact that court fines, fees, and bail practices have on economically disadvantaged communities. As part of a coordinated statewide effort to raise awareness of these practices, the Court created and disseminated bench cards to better educate judges and court personnel about appropriate financial sanctions and obligations that can be levied in court.

In addition, a task force sought to maintain the public’s trust and confidence by examining grand juries. The group recommended granting the Ohio Attorney General’s Office exclusive authority to investigate and, if necessary, prosecute police lethal use of force cases; establishing a process for the release of the grand jury record under limited circumstances; creating education and outreach programs; and strengthening grand jury independence.

These issues demand our attention. The Court also turned its attention to other important initiatives that furthered access to justice, clarified the ethical responsibilities of lawyers under the state’s new medical marijuana law, and limited the shackling of children in court proceedings.

You can find more information on these initiatives and many more in the pages of the 2016 annual report.

Thank you for your support of our efforts, and thank you for reading.

God bless,

Maureen O’Connor Chief Justice

Table of Contents

2 The Justices

4 Supreme Court Decisions

16 2016 Staff Notes

20 Year in Review

24 Administrative Operations 10 Appealing Tenures 26 Case Statistics Justices Paul E. Pfeifer and Judith Ann Lanzinger reflect on their time with the Court. 30 Judiciary/Supreme Court Operating Expenditures 2016 Initiatives 14 The Court spent considerable resources 32 Boards, Commissions, on initiatives dealing with problems Advisory Committees, facing Ohioans. and Task Forces Rule Changes 34 Visiting Judges 15 The Court adopted rule amendments dealing with medical 36 In Memoriam marijuana, same-sex marriage, and juvenile shackling. 2 Supreme Court Justices

Maureen O’Connor, Chief Justice justicejudy.blogspot.com, and was the 150th justice and Chief Justice Maureen O’Connor is the first woman seventh woman to serve on the Supreme Court. She and 10th chief justice in Ohio history. She was re- also served on the faculty of the National Judicial elected to her second term as the head of Ohio’s College for 12 years. Justice Lanzinger’s tenure on judiciary in 2016. Since becoming chief justice, the Court ended on Dec. 31, 2016. she has led significant reforms and improvements in the Ohio judicial system, including improving Sharon L. Kennedy, Justice access to justice by addressing the impact that court A former Butler County Domestic Relations Court fines, fees, and bail practices have on economically judge, Justice Sharon L. Kennedy won election to an disadvantaged communities. In addition, she unexpired term on the Supreme Court in November established a task force to maintain public trust and 2012, and was elected to her first full term in confidence in grand juries, created a committee to November 2014. She served on the bench in Butler examine the administration of the death penalty, County from 1999 to 2012, where, as administrative and proposed improvements to strengthen judicial judge, she improved its case management system to elections in Ohio. Chief Justice O’Connor joined the ensure the timely resolution of cases for families and as a justice in January 2003. children. Before becoming a judge, she was special counsel to the attorney general and a part-time Paul E. Pfeifer, Justice magistrate. She began her career as a police officer. Elected in 1992, Justice Paul E. Pfeifer served as the senior member of the Ohio Supreme Court. He Judith L. French, Justice grew up on his family’s dairy farm near Bucyrus, Former appellate judge Judith L. French became the and still lives down the road, where he raises Black 155th justice of the Ohio Supreme Court in January Angus cattle. He served in both houses of the Ohio 2013, after a gubernatorial appointment. She won General Assembly and as chairman of the Senate election to her first full term on the Supreme Court Judiciary Committee for 10 years, and he crafted the in November 2014. Before serving as an appellate legislation creating the Ohio Tuition Trust Authority. judge, she was chief legal counsel to Gov. , Justice Pfeifer’s time on the Court ended Jan. 1, as well as an assistant attorney general and chief 2017. counsel to the attorney general. She argued twice before the U.S. Supreme Court, including on behalf of the state in the Cleveland school-vouchers case. Terrence O’Donnell, Justice Since joining the Ohio Supreme Court in 2003, William M. O’Neill, Justice Justice Terrence O’Donnell has led statewide efforts A former Army officer, Vietnam veteran, news to increase professionalism among lawyers and reporter, registered nurse, and appellate judge, judges. Previously, he served on the common pleas Justice William M. O’Neill — a member of the and appellate benches and worked as a school Ohio Veterans Hall of Fame — joined the Ohio teacher. He also served as chairman of the Ohio Supreme Court in January 2013. He is a retired Army Legal Rights Service Commission, which oversees lieutenant colonel and a retired Judge Advocate the protection and advocacy of the developmentally General (JAG) lieutenant colonel in the Ohio disabled and mentally ill statewide. National Guard. He received the Bronze Star and the Army Commendation Medal for his service in Judith Ann Lanzinger, Justice Vietnam. After 31 years on the bench and completing her second term on the Ohio Supreme Court, Justice STANDING FROM LEFT TO RIGHT: Justice Judith L. French, Justice Judith Ann Lanzinger, Justice Sharon L. Kennedy, and Judith Ann Lanzinger is the only person ever Justice William M. O’Neill. SEATED FROM LEFT TO RIGHT: elected to all four levels of the Ohio judiciary. She Justice Paul E. Pfeifer, Chief Justice Maureen O’Connor, and maintained an educational blog about the Court, Justice Terrence O’Donnell.

3 Statewide Issues The Court addressed questions regarding several issues of statewide interest in 2016, including the right to challenge casino gambling in Ohio, taxing e-commerce companies, and carrying out executions.

Second Execution Attempt Is Not Cruel and Unusual Punishment An execution had not begun when an IV line failed to deliver lethal drugs into an inmate’s body. This incident occurred even though a needle was inserted multiple times. Neither the U.S. nor Ohio constitution barred the state from carrying out the execution, the Court ruled on March 16. The Court ruled that a second attempt to execute Romell Broom by lethal injection would not violate the cruel-and-unusual- punishment or the double- jeopardy clauses of the federal and state constitutions. Justice Judith Ann Lanzinger stated in the majority opinion that by law the death penalty begins with the application of lethal drugs, and since the execution team stopped after it could not keep an IV catheter functioning, Broom’s punishment had not started. 2012-0852. State v. Broom, 146 Ohio St.3d 60, 2016-Ohio-1028

Supreme Court Decisions Citizen Has Standing to Challenge Constitutionality The Supreme Court issued many opinions in of Ohio Casino Gambling 2016, addressing the state’s most important A Columbiana County man has a right to challenge Ohio’s law and significant legal issues. Here is a permitting casino gambling, sampling of the rulings that drew media arguing the restrictive nature of who can operate the facilities interest last year.

4 violates his federal constitutional sales meets the commerce clause functions. The opinion, authored rights, the Court ruled March 24. requirement for the CAT to apply, by Justice Sharon L. Kennedy, In a lead opinion, Justice the Court concluded. permitted the General Assembly Judith L. French wrote that 2015-0386. Crutchfield Corp. v. Testa, to retroactively adjust local school Frederick Kinsey alleged standing Slip Opinion No. 2016-Ohio-7760 funding and recoup overpayments to challenge the constitutionality to school districts by making of the 2009 voter-approved Sale of State Prison reductions in future school amendment to the Ohio Constitutional funding allocations. Constitution permitting four 2014-1769. Toledo City School Dist. Bd. casinos in specified locations, and The sale of a state prison to a of Edn. v. State Bd. of Edn., 146 Ohio St.3d the subsequent legislation that private corporation did not violate 356, 2016-Ohio-2806 outlines how the casinos and seven the Ohio Constitution, the Court “racinos” operate. ruled on Feb. 11. Justice French explained that The Court cleared the sale of while the individuals challenged the Lake Erie Correctional Facility the legislation and administrative in Ashtabula County that was rules related to gambling at both authorized by the Ohio General Natural Gas casinos and race tracks, the only Assembly in the 2011 state budget The Court dealt with several issue before the Supreme Court bill. Writing for the Court, Justice cases in 2016 related to the was the existence of standing Judith L. French also stated that interpretation of laws regarding and whether the trial court the State Employment Relations natural gas and mineral rights. appropriately dismissed the Board is authorized to determine Hydraulic fracturing, also known case when it ruled none of the if employees at another privatized as fracking, has led to numerous individuals nor a business or non- state prison should still be disputes about the ownership profit group had the legal right to considered public employees with of oil and gas rights. The Court challenge the laws. the same benefits as those working resolved cases regarding how in state-owned-and-operated 2013-0656. State ex. Rel. Walgate to interpret the Ohio Dormant v. Kasich, 147 Ohio St.3d 1, 2016-Ohio-1176 prisons. Mineral Act (ODMA). 2014-0319. State ex. Rel. Ohio Civ. Serv. Emps. Assn. v. State, 146 Ohio St.3d 315, Ohio Can Impose Commercial 2016-Ohio-478 Activity Tax on Online Retailers In the lead case, Corban v. Chesapeake Exploration L.L.C., the Ohio can impose its commercial- Local Governments Not Protected by State Court ruled on Sept. 15 that the activity tax (CAT) on out-of-state Constitution’s Prohibition 1989 version of the ODMA did companies that sell products and of Retroactive Laws not automatically allow oil, gas, services to Ohioans and have no and mineral rights to be deemed physical presence in the state, the The Ohio Constitution’s protection abandoned and vested in a Court ruled on Nov. 17. against retroactive laws does not surface owner, but required the The Court determined the apply to local governments, the surface owner to seek a judicial U.S. Constitution’s commerce Court ruled in a May 4 decision decree that the mineral rights clause does not prevent a state rejecting a claim by Toledo, were abandoned. In an opinion from imposing a “privilege to do Dayton, and Cleveland public written by Justice Terrence business” tax, such as the CAT, on school districts claiming the state O’Donnell, the Court clarified online retailers. Writing for the unfairly withheld school funding that any attempt by a surface Court majority, Justice William M. a decade ago based on disputed owner to merge the surface O’Neill wrote that while a physical student enrollment. and mineral rights after 2006 presence in a state may be required A majority of the Court ruled had to follow the 2006 version to impose the obligation to collect the “retroactivity clause,” in of the ODMA, which requires sales taxes and use taxes on an Article II, Section 28 of the Ohio providing notice to the dormant out-of-state seller, that requirement Constitution, applies to individuals mineral owners of the attempted does not apply to a business tax and private corporations, and not merger. on an interstate company. Ohio’s to political subdivisions created to threshold of $500,000 in annual carry out the state’s governmental

5 Natural Gas, continued

In Corban, the surface property Noble County land he purchased Belmont County Surface Owners owner’s family purchased the land in 2009. Chief Justice Maureen Not Entitled to Mineral Rights from a coal company in 1959, O’Connor wrote the majority Under Their Properties and the company reversed rights opinion, which found the estate The Court applied the Corban to the oil and gas underneath it. of John Noon instead properly decision on Sept. 15 to conclude No drilling or extracting activities retained the mineral rights when that Nile and Katheryn Batman took place until 2011. The surface Noon followed the procedures hold the mineral rights under owner claimed that under the to preserve them under the 2006 separate properties in Belmont 1989 version of the ODMA, the ODMA. County owned by Wayne company abandoned its mineral Walker initially attempted to Lipperman and the estate of rights and the rights automatically use the procedures of the 2006 James Albanese. The Court merged with the surface property. ODMA when he filed an affidavit of consolidated the two cases into The Court rejected the argument, abandonment of mineral interests one opinion, written by Justice ruling the surface owner had to in 2012 in the county recorder’s Sharon L. Kennedy, and decided initiate legal action to claim the office. But Noon filed an affidavit that Lipperman and Albanese mineral rights. and claim to preserve the mineral did not follow the 2006 ODMA’s 2014-0804. Corban v. Chesapeake interests with the county recorder requirement to serve notice to Exploration L.L.C., Slip Opinion and stated he had “no intention No. 2016-Ohio-5796 the Batmans before attempting to abandon” his interests. Then to declare their mineral rights Walker filed a court action claiming abandoned. Noble County Mineral Rights that the 1989 version of ODMA Lipperman and Albanese Owner Properly Preserved Oil applied to his ownership claims filed their claims for the rights and Gas Rights and that Noon had lost his mineral underneath their land in 2012, rights years before the 2006 version In a fracking-related opinion but argued the 1989 law applied took effect. applying the Corban ruling, the because the Batmans did nothing to The Court majority rejected the Court on Sept. 15 reversed an preserve their mineral rights since argument. appellate decision granting Jon D. recording a copy of the will of Nile 2014-0803. Walker v. Shondrick-Nau, Batman’s mother in 1989, which Walker Jr. the mineral rights under 149 Ohio St.3d 282, 2016-Ohio-5793

Public Records

Law Enforcement Dash-Cam until May, two months after the Videos Are Public Records driver’s conviction for fleeing and Subject to Redaction other crimes. Ohio law enforcement dash-cam Writing for the majority, Justice recordings are public records Judith L. French announced the that cannot be shielded in their Court declined to adopt a rule that entirety, but portions considered all dash-cam video can be withheld “investigatory work product” can by law enforcement until a suspect be withheld, the Court ruled on is prosecuted, or that recordings Dec. 6. Its decision determined the in their entirety are public records Ohio State Highway Patrol should subject to prompt release. A have promptly released to the case-by-case review is necessary Cincinnati Enquirer more than an to determine how much of a hour of video from three dash-cam recording must be disclosed, she recordings of a January 2015 police wrote, explaining that the Court chase and subsequent crash. The concluded only 90 seconds from one of the three dash-cam videos IMAGE: THINKSTOCK IMAGE: patrol did not release the video

6 granted them her mineral rights. require Beck Energy to commence 2015-0120 and 2015-0121, Albanese v. preparations for drilling wells within Batman, 148 Ohio St.3d 85, 2016-Ohio-5814 the first 10 years of leasing the rights. Beck Energy Leases with 700 2014-0423 and 2014-1933. State ex rel. Claugus Family Farm, L.P. Landowners Valid Despite Years v. Seventh Dist. Court of Appeals, Without Drilling 145 Ohio St.3d 180, 2016-Ohio-178 Beck Energy Corp.’s leases with nearly 700 southern and Natural Gas Royalty Payments eastern Ohio landowners require Based on Lease Terms the company to commence Ohio does not follow a blanket rule preparations to drill wells within for allocating the postproduction THINKSTOCK IMAGE: 10 years of signing the agreements costs of preparing natural gas for if it wants to maintain control sale between oil and gas producers of the properties for oil and gas and mineral rights owners, and the market. Writing for the Court exploration, the Court ruled on judges need to examine leases majority, Justice Sharon L. Kennedy Jan. 21. between oil and gas producers and announced that the Court declined Landowners who initiated a mineral rights owners to determine to issue a blanket rule to govern class-action lawsuit against Beck royalty payments, the Court ruled the deduction of postproduction Energy complained the company on Nov. 2. costs in oil and gas leases, and that went for years after signing leases The Court declined to answer oil and gas leases are contracts without drilling for or producing a question from a U.S. federal subject to the traditional rules for oil or gas, and they believed the court asking if Ohio law always interpreting contracts. leases were crafted to allow Beck permits oil and gas producers to 2015-0545. Lutz v. Chesapeake Appalachia, Energy to perpetually control the calculate royalty payments based L.L.C., 148 Ohio St.3d 524, 2016-Ohio-7549 land by only paying minor fees to on the value of gas or oil when it the property owners. Writing for leaves the wellhead, rather than the the Court majority, Justice Judith L. final sale value when it is sold in French explained the valid leases do

Public Records

of the car chase and crash could The Court denied six media only requires that a copy be made be considered investigatory work outlets’ requests for statutory available in a reasonable period of product under the state public damages and attorney fees. The time. The Court decision does not records law. news organizations had filed address claims by the prosecutor’s 2015-0390. State ex rel. Cincinnati Enquirer a lawsuit to force the county office that body-cam footage is v. Ohio Dept. of Public Safety, 148 Ohio prosecutor to release video of exempt from the public records St.3d 433, 2016-Ohio-7987 a police officer’s fatal shooting law. on July 19. The media received 2015-1222. State ex rel. Cincinnati Enquirer Delayed Release of Body-Cam the video on July 29 after the v. Deters, 148 Ohio St.3d 595, 2016-Ohio- Video from Cincinnati Police prosecutor secured a grand jury 8195 Shooting Was Reasonable indictment of the officer. The Hamilton County prosecutor Writing for the Court majority, Most Criminal Investigation acted reasonably when he publicly Justice Judith Ann Lanzinger noted Records Become Public When released a University of Cincinnati Ohio’s public records act, R.C. Trial Concludes police body-cam video six business 149.43, does not set a deadline Most law enforcement records days after receiving it, the Court for public office responses to involving the investigation of ruled on Dec. 20. requests for public records, but

7 Public Records, continued Juvenile Justice a suspect become public text, or tweet, violates the Ohio The Court issued several rulings record once the suspect’s trial Open Meetings Act, the Court dealing with the federal and concludes, the Court ruled on ruled on May 3. state constitutional protections Dec. 28. The Court concluded The Court found former afforded to juveniles in criminal that most of the records sought Olentangy Local School District proceedings. by the Ohio Innocence Project Board of Education member from the Columbus Division Adam White can pursue his of Police since 2013 must be lawsuit against the school board turned over, and that the city for violating the Open Meetings Court Can’t Use Juvenile owed an attorney seeking the Act. White alleged the violation Offense to Enhance Adult- records $1,000 in damages along happened when the board Crime Prison Sentence with court costs and reasonable president sparked an exchange Using a prior juvenile adjudication attorney fees. of emails with other board to enhance the sentence of The city had labeled as members and school officials to an adult offender violates the “specific investigatory work respond to a newspaper editorial. state and federal constitutions, product” certain records from The decision, authored by Justice the Court ruled on Aug. 25, the conviction of Adam Saleh, Terrence O’Donnell, reversed reversing the appellate decision and argued the records could be the appellate decision. that affirmed imposition of a withheld until “all proceedings” 2014-1796. White v. King et al., mandatory three-year prison were concluded, even if Saleh 147 Ohio St.3d 74, 2016-Ohio-2770 term on Adrian Hand Jr. As an no longer was actively appealing adult, Hand pled no contest to his case. Writing for the Court Springfield Schools Must five felony charges, and the trial majority, Justice Paul E. Pfeifer Release Student Data as court, during sentencing, counted determined the city’s position Public Records his prior juvenile adjudication violated the Ohio public records as a prior felony for sentencing act. Springfield City Schools must release student contact purposes. The decision addressed an Writing for the Court majority, interpretation of the act first information requested by School Choice, a private non-profit Justice Judith Ann Lanzinger adopted by the Court in a 1994 stated that because a juvenile case that prevented criminal organization whose mission is to inform students and parents adjudication does not provide the defendants from using the public right to a jury trial, it cannot be records act to access information about educational options, as long as parents have consented used to increase an adult sentence. from police and prosecutors that Based on the U.S. Supreme they were not entitled to under to making the information available, the Court ruled on Court’s 2000 Apprendi v. New Jersey the rules for criminal discovery decision, the Court determined at the time. Justice Pfeifer noted July 21. Neither federal nor state the enhanced sentence violated that a broad reform of the Hand’s due-process rights discovery rule in 2010 grants law restricts the release of Springfield student “directory guaranteed by the Fourteenth a defendant far greater access Amendment to the U.S. to the state’s files, and the information” for the 2013-2014 school year, the Court ruled. Constitution and Article I, Section restrictions on public access to 16 of the Ohio Constitution. the material should be loosened. Writing for the Court majority, Justice Judith Ann Lanzinger 2014-1814. State v. Hand, 149 Ohio St.3d 2014-1621. State ex rel. Caster v. City of 94, 2016-Ohio-5504 Columbus, Slip Opinion No. 2016-Ohio- found that Springfield must 8394 provide School Choice the Functional Life Sentences records that fall within any of for Juvenile Nonhomicide A Public Body’s Prearranged the nine categories of student Offenders Unconstitutional Discussion by Email Violates information listed in the school Ohio’s Open Meetings Act district’s consent form for those A juvenile’s 112-year sentence for rape, kidnapping, and multiple A private prearranged discussion students whose parents had other felonies with eligibility of public business by the majority signed the form. for judicial release when he of a public body’s members 2014-0749. State ex rel. School Choice Ohio, Inc. v. Cincinnati Public School turns 92 is unconstitutional, the either face-to-face or by other District et al., 147 Ohio St.3d 256, 2016- Court ruled on Dec. 22, citing means, such as telephone, email, Ohio-5026

8 a U.S. Supreme Court’s 2010 an act that would be considered under R.C. 2941.25 if committed decision that life sentences of aggravated robbery if he were by an adult, but refused to apply imprisonment without parole for an adult. The prosecutor filed a the statute to a juvenile. juvenile nonhomicide offenders motion to transfer the 16-year-old Justice Lanzinger observed that also prohibits “term-of-years” to the general division of common the decision follows the Court’s prison sentences that exceed the pleas court to be tried as an adult, previously stated “heightened juvenile offender’s life expectancy. which an Ohio statute requires in goals of rehabilitation and The U.S. Supreme Court’s 2010 certain circumstances. treatment” of the juvenile court Graham v. Florida declared that a Justice Lanzinger wrote that system. life-without-parole sentence for an offender’s age “should not 2014-2190. In re A.G., 148 Ohio St.3d 118, a juvenile who did not commit be treated as the sole decisive 2016-Ohio-3306 homicide violated the U.S. factor in determining whether Constitution’s Eighth Amendment they are transferred for criminal Law Presuming Juvenile’s prohibiting cruel and unusual prosecution,” but rather all Statement in Police Custody punishment. children, regardless of age, “must Was Voluntary Ruled In the majority opinion, Justice have individual consideration at Unconstitutional Paul E. Pfeifer wrote that Brandon amenability hearings before being In the context of interrogating Moore, who was 15 years old when transferred from the protections juveniles in police custody, a he committed the crime, must be of juvenile court to adult court state law that presumes the provided some chance earlier in upon a finding of probable cause suspect’s statements are voluntary his incarceration to “demonstrate for certain offenses.” if electronically recorded is maturity and rehabilitation,” but 2015-0677. State v. Aalim, Slip Opinion unconstitutional, the Court the decision did not specify when No. 2016-Ohio-8278 ruled on April 28, finding R.C. that should be. 2933.81(B) violates the due 2014-0120. State v. Moore, Slip Opinion Juveniles Entitled to No. 2016-Ohio-8288 process rights of juveniles. Writing Double-Jeopardy Protections for the Court, Justice Judith L. On June 9, the Court held that French directed a Hamilton Mandatory Transfer of juveniles are entitled to the same County Common Pleas Court Juveniles to Adult Courts Is constitutional double-jeopardy to reconsider then 15-year-old Unconstitutional protections as adults, and juvenile Tyshawn Barker’s confession to The Court ruled Dec. 22 that courts must conduct the same murder, robbery, and tampering mandatory transfer of juveniles double-jeopardy analysis in with evidence charges that led to a to common pleas courts violates delinquency proceedings as other 25-years-to-life prison sentence. juveniles’ rights to due process courts apply in adult criminal 2014-1560. State v. Barker, as guaranteed by the Ohio proceedings. 149 Ohio St.3d 1, 2016-Ohio-2708 Constitution. Justice Judith Ann Lanzinger’s The Court also ruled that Ohio majority opinion reversed an statutes allowing the discretionary appellate decision that reasoned transfer of juveniles older than because criminal statutes do not 14 years to common pleas courts apply to juvenile proceedings, are constitutional and satisfy the juvenile court did not err in due process guaranteed by the refusing to merge acts that would state’s constitution. Writing have merged in adult criminal for the majority, Justice Judith court. Ann Lanzinger stated: “We The convicted juvenile hold that mandatory transfer of appealed his sentence, claiming juveniles without providing for the juvenile court failed to merge the protection of a discretionary his adjudications for aggravated determination by the juvenile robbery and kidnapping as allied court judge violates juveniles’ right offenses of similar import and that to due process.” this failure violated the double- The ruling came in the appeal jeopardy clauses of the U.S. and filed by Matthew I. Aalim, who Ohio constitutions. The appellate faced a 2013 complaint in juvenile court concluded that the two acts court that alleged he committed would merge into one offense

9 APPEALING TENURES As Justices Paul E. Pfeifer and Judith Ann Lanzinger hung up their robes at the end of their terms, they discussed the rewards of serving on the Ohio Supreme Court.

Two of Ohio’s longtime justices said goodbye says it’s time for me to move on, and that’s what to the Supreme Court at the end of 2016. The I’m going to do. I’m a bit excited, but nervous – distinguished tenures of Justices Paul E. Pfeifer and probably the way just about anybody is when they Judith Ann Lanzinger came to a close because of make a transition in their career.” age restrictions in the Ohio Constitution, which “It’s a dynamic job, but a quarter of a century prohibit people older than 70 from running for is probably enough for any human being,” Justice judge. Justice Pfeifer, who was on the Court for 24 Pfeifer added. “To want more would be a little bit years, and Justice Lanzinger, who served for 12, of a hog at the trough.” seemed to take it in stride. Each shared warm reflections about the many “I am someone with very mixed emotions right facets of working at the state’s highest court for so now,” Justice Lanzinger said. “But the Constitution many years.

10 Court’s Work times, which included 10 years as chair of the influential Judiciary Committee. Following a successful campaign The justices highlighted some of the most significant to join the Court in 1992, voters re-elected Justice case rulings they authored – school funding, charter Pfeifer three times, and he holds sixth place among all schools, criminal sentencing, and cell-phone search justices in time served on the Court. warrants. But they expressed a deeper enjoyment of the “It’s turned out to be fascinating,” he noted. “It’s deliberative process that leads to the ultimate decisions turned out to be the intellectual feast that the justices of the Court – starting, believe it or not, with the case that were on the Court when I came here assured me I files. would find it to be.” “I just look forward to opening the bankers’ boxes Justice Lanzinger agreed. “I think that’s what this that were handed [out] every two weeks because there court is for anyone who is wanting to be immersed in is always going to be something new – something the law,” she said. “You get an intellectual feast of the interesting, something frequently that’s never before laws in your state, and it’s fantastic.” been decided by a supreme court,” Justice Pfeifer They each carry a vivid awareness of the significance explained. of the Court’s decisions to the justice system and for After researching, reading, and thinking about the people of the state. Justice Lanzinger discussed the the issues in a case, the justices attend oral argument importance of staying neutral and open-minded, and followed by conference with their colleagues – parts of of considering all sides before interpreting the law and the process both have savored. ruling in a case. “Being able to hear attorneys who are just at the top “All other state court judges must follow our lead,” of their game arguing in front of the Court is amazing,” she noted. “I always felt that everyone [at the Court] Justice Lanzinger noted. really understood how important it was that we realize “It’s electric as far as I’m concerned,” Justice Pfeifer the consequences to ordinary people that our decisions said. “When I was first here, lawyers used to ask and would have.” think that oral argument was not important to the Justice Pfeifer described the duty as “constantly Court. It couldn’t be further from the truth. It really sobering,” expressing his aspiration that the Court be helps us flesh out the issues to understand in detail clear in its opinions about the precise reasons for a what’s important in the case.” ruling. “Then, being in deliberations and having an “Hopefully the things that we decide are a benefit argument that was dissected by six other people who to citizens, who have no idea the case we just decided saw the same thing I saw and, yet, have a different take might someday be important in their own lives,” he on it, talking it over again and again, and coming to a said. “It’s an opportunity to do something important.” conclusion,” Justice Lanzinger said. “That’s an exciting moment – very professionally rewarding.” Lasting Contributions Experience2 With 36 years of combined service to the state’s court of last resort, Justices Pfeifer and Lanzinger hope their Both justices compiled decades of rich and varied diverse skills and distinct styles have left a positive legal experience on their paths to the pinnacle of state impact – at the Court and for the future. courts. Justice Lanzinger graduated as valedictorian of her class from the University of Toledo College of Law in 1977. After several years practicing as an attorney, she was elected to the Toledo Municipal Court. Voters then chose her to serve on the Lucas County Common Pleas Court for 14 years and on the Sixth District Court of Appeals before she ran and won a seat on the Ohio Supreme Court in 2004. She was re-elected I always felt that everyone [at as justice in 2010, and ultimately completed 31 years the Court] really understood how as a judge, serving at all levels of the state’s judiciary. Justice Lanzinger is in a group of six who tie as the 36th important it was that we realize the longest-serving justices on the Court. Justice Pfeifer began his legal career after graduating consequences to ordinary people from ’s law school in 1966. Along that our decisions would have. with stretches as a private attorney, an assistant attorney general for the state, and a prosecuting attorney in - Justice Judith Ann Lanzinger Crawford County, he was elected to the Ohio House of Representatives for one term and the Ohio Senate four

11 Hopefully the things that we decide are a benefit to citizens, who have no idea the case we just decided might someday be important in their own lives. It’s an opportunity to do something important.

- Justice Paul E. Pfeifer

Justice Pfeifer mentioned the lively, sometimes biting, style of his opinions, often in dissent. He believes the approach helped make the law – even if it was to be found in the other side’s opinion – more memorable. “Anything we write goes in the books, and it’s there forever,” he pointed out. “I think without a doubt lawyers and judges will tell you I’ve written some colorful things that will not soon be forgotten.” For Justice Lanzinger, who began her career as a teacher and also has taught many judicial and legal education classes, precision in the Court’s writing has been paramount. “One of the things that I worked on was the [Court’s] writing manual, and I think that sometimes I was called ‘the grammar lady.’ The other justices would tease m