Cleveland Law Library Weblog

Ohio Supreme Court Board Issues UPL Opinion re: Online Legal Document Prep.

The Supreme Court of Ohio's Board on the Unauthorized Practice of Law has issued a UPL opinion addressing online legal document preparation. Without naming names, the Ohio Board stated that "an individual, not licensed to practice law in Ohio and doing business as an online legal document service, may not draft or prepare legal documents and pleadings, nor select and complete legal forms for an Ohio resident." (Syllabus of Opinion UPL 2008-03). Relying on precedent from Ohio and elsewhere, the Board stated that such conduct constitutes the unauthorized practice of law.

Jury Duty Scam Hits Summit County

Newsnet5.com reports that a jury duty scam has hit Summit County. The Summit County Sheriff's office has learned of a new identity theft scheme where a caller claims to be following up on a jury summons a resident never received. Claiming to want to verify information and cancel an arrest warrant, the caller asks residents for a social security number and date of birth. Cuyahoga County residents may want to watch out in case this scheme travels north.

Ohio Family Law Blog Discusses "Virtual Visitation"

Worth reading-The Ohio Family Law Blog has posted 2 interesting articles about "virtual vistation" as a supplement to standard parenting time. The articles cite ORC 3109.051 and a North Dakota case from 2007.

Don't Forget to File Ohio CLE Transcript

Lawyers whose last names begin with M-Z should remember to file their CLE Final Reporting Transcript by January 31, 2009. Those who have to report can either send in their form manually or file online. Penalties apply for late filers, and those who fail to complete their required CLE hours can be sanctioned, including being suspended from the practice of law. See the Ohio Supreme Court's filing FAQ's for more details.

New Ohio Supreme Court Rule Coming for GAL's

For the very first time, the Ohio Supreme Court has issued a state-wide rule for GAL's (Guardians ad litem) that will take effect on March 1, 2009. According to Supreme Court's Press Release, new Rule 48 will govern appointment, responsibilities, training and reporting requirements for GAL's and will apply in all domestic and juvenile court proceedings where the court appoints a GAL. To help implement this new Rule, the Ohio Judicial College is scheduling upcoming training.

Ohio Supreme Court Changes Rule Again on Judicial Disclosure of Party Affiliation

On December 30, 2008, the Ohio Supreme Court issued more changes to the Ohio Rules of Judicial Conduct that would have allowed judicial candidates to disclosure their party affiliation during primary and general elections. See our prior blog post for more details. However, on January 13, 2009, the Court changed its mind and revised that Rule to only allow disclosure in primary, but not general, elections. The Court's Press Release announcing the reconsideration indicated that the Justices wanted to emphasize the "non-partisan nature of judicial elections in Ohio, which is set in law by the General Assembly." The Press Release also indicates that Justices Pfeifer and Lanzinger voted against revising the Rule on the basis of Minnesota Republican Party  v. White (535 U.S. 765 (2002). Former Appeals Court Judge William O'Neill of Geauga, Ohio, who unsuccessfully sought a seat on the Ohio Supreme Court, filed a lawsuit over the state of the law before the Ohio Supreme Court passed the December Rule. As a Cleveland Plain Dealer article points out, that December changes could have made Judge O'Neill's suit moot, but the Court's January changes in part revive his standing.

U.S. Supreme Court Holds Exclusionary Rule Does Not Apply to Invalid Arrest

In Herring v. United States, No. 07-513, the United States Supreme Court upheld the United States Court of Appeals for the Eleventh Circuit holding that the exclusionary rule does not bar evidence seized after an arrest based upon a recalled arrest warrant.  The warrant had been recalled by the court, but the withdrawal was never entered into the police computer system.  By the time the police realized the mistake, the arrest and seizure of drugs and a weapon had already been made.  In a 5-4 decision, the Court held that police mistakes leading to an unlawful search, which are the results of isolated negligence rather than systemic error or reckless disregard of constitutional requirements, do not require the application of the exclusionary doctrine.

U.S. Supreme Court Orders Retrial That Is Not Barred By Double Jeopardy

In the criminal case of Denny Ross, the United States Supreme Court recently held that he can be retried for the slaying of Hannah Hill in 1999. The Court's decision held that the legal doctrine of double jeopardy did not bar a second trial even though a mistrial was declared in the 11th hour while the jury was in deliberations but before the jury rendered its verdict in the 2000 trial. The defendant is currently serving a 25-year sentence for attacking an Akron woman in 2004. The case will be retried in Summit County Common Pleas Court. Click here to read a news article from The Beacon Journal on Ohio.com, and click here to read an article from the Plain Dealer online.

Ohio Supreme Court Now Takes Credit Cards

The Ohio Supreme Court has just issued a press release that it now takes credit cards for payments for filing fees and security deposits. Filing fees for appeals and cross-appeals are $40.00, and original actions cost $140.00 total. The only credit cards the Court takes are American Express, Mastercard and Visa.

Ohio Minimum Wage Increased to $7.30 on New Year's Day

As reported by Ohio's Department of Commerce's Division of Labor & Worker Safety, Ohio's minimum wage increased from $7.00 to $7.30 per hour effective on January 1st. Waiters and waitresses also receive an increase in their base pay from $3.50 to $3.65 per hour. An article from ohio.com explains the joy employees are feeling in contrast to the concerns of small businesses over the increases. Additional increases will come in July of 2009. These changes are being made pursuant to a Constitutional amendment (Issue 2) that Ohio voters passed in 2006 adding Article II, section 34a. Ohio's Minimum Wage laws are contained in Chapter 4111 of the Ohio Revised Code.