Cleveland Law Library Weblog

Ohio Supreme Court Candidates Sign "Clean Campaign Agreement"

All of the candidates running for positions on the Ohio Supreme Court have signed a "Clean Campaign Agreement." The Ohio State Bar Association's Judicial Election Campaign Advertising Monitoring Committee recently announced that Justice Maureen O'Connor, Judge Joseph D. Russo, Judge Peter M. Sikora, and Justice Evelyn L. Stratton have all signed the agreement to take personal responsibility for the contents of their election advertisements and statements. In also requiring these candidates to steer clear of negative campaigning that impunes the judicial system or fellow candidates, the OSBA and its President, Robert Ware, are hoping to instead focus the election on "credentials, judicial temperament and experience...that demonstrate the dignity and respect the office deserves."

Ohio Model Foreclosure Mediation Program Available

The Ohio Supreme Court recently made available a new model mediation program for foreclosure cases. According to the Court's Press Release, the new program is "in direct response to Ohio's rising mortgage crisis." The program includes "best practices, related documents, forms and other resources" that the courts can use or modify. Courts that wish to implement the program can obtain free assistance from the Ohio Supreme Court. The program could help in Cuyahoga County, which is among the top 5 Ohio counties experiencing a rise in foreclosures. Incidentally, Cuyahoga County Common Pleas Court is hiring a Foreclosure Mediator.

New Superintendence Rules for Ohio

Per the Court's Press Release, the Ohio Supreme Court amended Rules 19 and 19.1 of the Ohio Rules of Superintendence, effective March 1, 2008. For the 1st time, Rule 19 provides a minimum rule for magistrates' years in practice. Specifically, Rule 19 requires that magistrates be engaged in the practice of law for at least 4 years and be in good standing with the Ohio Supreme Court at the time of their appointment. Rule 19.1 makes it mandatory for all municipal courts with more than two judges to appoint one or more magistrates to hear specific proceedings. Click here to read the text of the Rule amendments.

Ohio Supreme Court Chief Justice Thomas Moyer on Public Records and Open Government

In a Press Release issued by the Ohio Supreme Court, Chief Justice Thomas Moyer discusses the history behind Ohio laws governing public records and open government. Moyer goes on to indicate that the Court is currently working on a drafting rules to ensure that court records remain open to the public. As part of this process, the Court is weighing issues of accessibility through the Internet with constitutional principles that give courts independence under the doctrine of separation of powers.

Pictures of Ohio's 88 County Courthouses Now on Display at Ohio Judicial Center

The Ohio Judicial Center in Columbus is now home to pictures of all of Ohio's 88 courthouses. According to the Ohio Supreme Court's press release, the photos came from various members of the community, as well as the Ohio Historical Society. The oldest courthouse pictured is from Clermont County in 1895, and the newest is from Gallia County in 1985. As icing on the cake, the Ohio Supreme Court is planning to post profiles of all 88 courthouses in the near future.

NCSC Issues 2007 Report on Future Trends in State Courts

The National Center for State Courts has issued its 2007 report on Future Trends in State Courts. This report discusses public access to court records containing personally identifiable information, using technology to improve customer service, national information exchange, increasing access to justice for self-represented litigants, e-filing, electronic discovery, families and problem-solving courts, interpreters and immigration issues, library collaboration, guardianships, court administration, judicial outreach, and judicial elections.

Ohio Supreme Court Seeking Comments on Rules for Grievances & Discipline

In a Press Release issued today, the Ohio Supreme Court has announced that it is seeking comments on proposed rule changes to the rules of the Board of Commissioners on Grievances & Discipline. The proposed rules would make changes to the terms of Board members and extend from 60 to 90 days the time that a written consent to discipline agreement could be entered into. Click here to view the proposed amendments.

Ohio Supreme Court Upholds S.B. 80 Tort Reform

The Ohio Supreme Court has just issued a press release that the Court has upheld 2 tort reform statutes.  In Arbino v. Johnson & Johnson, 2007-Ohio-6948, the Court held that 2 recent Ohio tort reform statutes do not violate the constitutional rights of personal injury plaintiffs. Specifically, the Court held that caps on non-economic damages and punitives do not violate: 1) constitutional rights to trial by jury; 2) due process; 3) equal protection; and 4) Ohio constitional provisions that guarantee open courts and separation of powers. Both caps were enacted as part of S.B. 80 (passed in 2004 and effective in 2005), which placed the caps in O.R.C. 2315.18 and O.R.C. 2315.21, respectively.

Fired Workers Comp. Claimant Can only Sue for Retaliation Under Statute

The Ohio Supreme Court just issued a decision in Bickers, which holds that a workers' comp. claimant who is terminated while receiving benefits has no common law right to sue in tort for wrongful discharge in violation of public policy. The recipient's sole recourse is to pursue an action for retaliation under O.R.C. sec. 4123.90. Click here to read the Ohio Supreme Court's summary of the case. The Ohio Bureau of Workers' Compensation is the administrative agency responsible for the rights of injured workers.

Judge Sean Gallagher Appointed to Ohio Supreme Court Commission

The Ohio Supreme Court recently appointed local Eighth District Appellate Judge Sean Gallagher to chair the Ohio Supreme Court's Commission on the Rules of Practice & Procedure in Ohio Courts.  According to the formal Rule establishing this Commission, the Commission is required to review all practice and procedure rules governing Ohio courts and make recommendations for changes or additions.  Click here to review the entire list of all 33 individuals who the Supreme Court appointed to commissions and boards.