Cleveland Law Library Weblog

Indigent California Residents Now Have Right to an Attorney in Certain Civil Cases

California has become the first state to provide indigent residents with the right to an attorney in certain civil cases. The law which Governor Schwarzenegger signed is being called "civil Gideon" and provides a right to counsel in child custody, foreclosure and other matters. Click here to read an article discussing the pros and cons of the new law from the Wall Street Journal. This article indicates that the ABA endorsed "civil Gideon" laws back in 2006, but there is a newer article from the October 2009 issue of the ABA Journal which seems to confirm that. The program will be funded by increased filing fees that the state of California hopes will generate about $11 million dollars.

Guidance Issued by Ohio SCt. on Domestic Violence in Later Life

The Ohio Supreme Court has issued a short report on domestic violence in later life. The report contrasts this type of violence with elder abuse against persons over 60. The report then defines the markers of domestic violence, identifies the types of abusers and victims, and suggests roles the court can play. The article concludes by summarizing the scope and mission of the Ohio Supreme Court's Domestic Violence Program.

Ohio Supreme Court issues Court Performance Review regarding Cuyahoga DR Court

The Ohio Supreme Court just issued a Court Performance Review regarding the Cuyahoga County Domestic Relations Court.  It contains 94 pages of 97 recommendations.  The categories include critical attention is needed, short-term, intermediate-term, long-term, and ongoing.  After discussing the recommendations in detail, the Supreme Court suggested in its conclusion that the Domestic Relations Court create an action plan, "to improve the court’s caseflow management processes."  Click here to read our prior post about the Supreme Court's review process.

Ohio Supreme Court Recommends Significant Changes for Cuyahoga DR Court

According to the Plain Dealer, the Ohio Supreme Court issued a report yesterday that contains over 90 recommendations for improvements and changes in the Cuyahoga County Domestic Relations Court. Almost a third of the recommendations are labeled as "critical" and require prompt remedial action. Many relate to the appointment of receivers in divorce cases with substantial assets, the use of special masters to mediate divorces, assignments to visiting judges, dragging out contested divorces and fragmenting trials and hearings over may days, and failing to discipline recalcitrant lawyers. The Court sent out people to our Courthouse within the last 6 months to conduct exit surveys of people leaving the building to help gather evidence in its investigation. In defense of the Court, Judge Timothy Flanagan has indicated that many changes have already been made and that they will use the report as a guide where possible. 

Twelve Dads Indicted for Criminal Non-Support

The Office of Prosecutor Bill Mason has indicted 12 dads for failure to pay child support.  Collectively, the men owe $394,000.45 in child support.  Criminal Non-Support is a Fifth Degree Felony under Ohio Revised Code Section 2919.21.

Lake County DR Court Offers Free Parenting Coordination Services

Under a grant from the Ohio Supreme Court, the Lake County Domestic Relations Court has established a free program to help Lake County residents "manage shared parenting plans without expensive and sometimes lengthy litigation." Lake County Judge Colleen A. Falkowski has stated that this new program will help parents who cannot afford private mediation. The program employs a part-time Parenting Coordinator to help resolve disputes between the parents and determine what is in the best interest of the children involved. Parties can always utilize court procedures and relief when necessary. The Court plans to pick up the tab for the program when the start-up grant funding runs out in July.

New Local DR Judge Must Disqualify Herself in Case Her Judge-Father Started

In a ruling issued today in the Strauss divorce, the Ohio Supreme Court held that new local Cuyahoga County Common Pleas Domestic Relations Judge Leslie Ann Celebrezze must disqualify herself from a case she inherited from her father, who recently retired from the same DR court. The decision is based on Canon 3(E)(1) of the Code of Judicial Conduct, which prohibits judges from adjudicating matters in which a close relative also acted as judge. Cleveland.com reports that local DR Administrative Judge Timothy Flanagan and others are concerned about the impact on hundreds of other cases involving divorces, child custody and domestic violence that Judge Celebrezze took over from her father's docket. Other online articles about the Court's decision have been posted by newsnet5.com and the Dayton Daily News.Click here to read an article about the Affidavit of prejudice Marc Strauss filed with the Ohio Supreme Court earlier this year to get the Judge removed.

Cuyahoga County DR Court Updates Forms

The Cuyahoga County DR Court has updated the following judgment entries and forms to comply with HB 119:

Agreed Judgment Entry (Child Support and Medical Support)

Judgment Entry of Dissolution (with Children) -2 versions

Judgment Entry of Divorce (with Children)

Judgemnt Entry of Divorce (with Children)-Separation/In-Court Agreement Attached

PHI Questionnaire

DR Magistrate Serpil Ergun has also issued a Memorandum to the Members of the Cleveland Metropolitan Bar Association about the new forms.

Ohio Judges Create Manual on the Local Budget Process

The Ohio Judicial Conference has issued a Manual on the Local Budget Process to help judges deal with local funding authorities about budget issues. The Manual helps to explain what is considered "reasonable and necessary" for the operation of the courts and provides advice to judges who end up in "budget squabbles." Specifically, the Manual provides guidelines and techniques for communication between judges and county commissioners and outlines a process for mediating conflicts.

Governor Appoints Diane Palos to Cuyahoga DR Court

Governor Strickland has appointed Diane M. Palos, formerly a Magistrate in the Cuyahoga County Domestic Relations Court, to the position of  Judge in the DR Court. Judge Palos will be taking over for Judge Anthony Russo, who was elected to Cuyahoga County's Probate Court in the November 2008 election. Click here to read the Supreme Court's Press Release about the Judge's new appointment. Click here for a good picture of the new Judge.