Cleveland Law Library Weblog

New Policy on Release of 8th District Appellate Court Opinions

As we reported in an earlier post this week, the 8th District Appellate Court has created a new policy that it is continuing to re-think on the release of its opinions. As the Plain Dealer reports, the Court will release hard copies the day a decision is issued, but all other electronic access will be delayed 10 days for journalization of the order and potential changes that have to be made to opinions. Appeals Court Administrator Ute Vilfroy indicates that motions for reconsideration are rarely granted, such that opinions are hardly ever changed. Our Law Library has always been a recipient of the electronic opinions the day they came out, but we can always run downstairs if need be to obtain a particularly important decision when the case arises. In addition, the 8th District Court is reconsidering its new policy to perhaps allow the posting of interim decisions with a proviso that they are subject to a 10-waiting period for finality.

OSU Dean to Sub as New Ohio AG

Governer Strickland has appointed Ohio State University College of Law Dean Nancy Rodgers as the Ohio Attorney General for the next 5 months. To fill this temporary position until a new AG can be elected in November, Dean Rodgers has taken a leave of absence from her duties at the University. On the drive in today, I heard her state that she has no intention of running for office in the Fall after completing her interim duties as AG. Dean Rodgers is a highly respected attorney who serves as the Moritz Law School Chair in Alternative Dispute Resolution. She was recently honored and acknowledged at the Ohio State Bar Association convention in Columbus, Ohio. Click here to read an article from cleveland.com's blog.

Cleveland Prevails on Appeal of Residency Rule

Yesterday, the 8th District Court of Appeals announced its decision in City of Cleveland v. State of Ohio (Case No. 89565 on the Court's docket), upholding the City of Cleveland's exercise of home rule to require police officers and other employees to live within City limits. The Trial Court had held that the residency rule violated state law under O.R.C. sec. 9.481, which purports to prohibit political subdivisions from requiring their employees to live where they work, but the Court of Appeals reversed and remanded. As we related in a recent post, the Ohio Supreme Court is poised to review similar residency requirements in Akron and Lima. Click here to read a blurb from newsnet5.com about the Appeals Court's decision. Another of our posts discusses O.R.C. 9.48.1 and Akron's situation.Please click here to read the Cuyahoga County Common Pleas Court's decision. We would have posted the 8th District Court of Appeals decision, but effective this week, the Court is withholding distribution of cases for 10 days until the decisions are officially journalized.

Stark County Cutting Jurors' Pay

Newsnet5.com reports that the Stark County Commissioners are suspending most of the payments jurors in Canton's Common Pleas Court would otherwise receive for answering the call to jury service. Budget crunches are everywhere, and now they are affecting the budget of the Common Pleas court, which will not be able to pay jurors for the first 10 days of their service, unless they are seated in a capital murder case. $22.50 per day is not a lot of compensation, but for the unemployed, or those whose employers do not pay  the difference, it can mean food for the table. The County's decision over the Court, which newsnet5.com notes is the 2nd one in recent history, raises issues of separation of powers.

Cuyahoga Appellate Judge Mary Boyle Sat On Ohio Supreme Court

Local 8th District appellate Judge Mary J. Boyle sat as a visitng judge on the Ohio Supreme Court yesterday. As the Supreme Court's Press Release indicates, Judge Boyle replaced Judge Cupp (who recused himself) on the case captioned Beneficial Ohio v. Ellis (Case No. 2007-1455). The Ellis case involved technical issues of service of process on a property owner from Trumbull County. Click here to watch a video of the oral argument in the case.

Bill Mason on Short List for Ohio AG Job

In the wake of Marc Dann's resignation as Ohio Attorney General, a number of candidates' names are being suggested as Dann's replacement. One of those potentials is local Cuyahoga County Prosecutor Bill Mason, who has been quoted as saying it would "be an honor" for Governor Strickland to consider him for the job. The Cincinnati Enquirer reports that other potential candicates include Lt. Governor Lee Fisher, Chancellor Eric Fingerhut, Treasurer Richard Cordray, and Kent Markus-Strickland's chief legal counsel.

Smoking Ban To Be Tested at Columbus Hearing

Newsnet5.com reports that Ohio's new smoking ban will be put to the test at a hearing in Columbus on Wednesday. According to the news, a Columbus bar called Zeno's Victorian Village has been cited multiple times for violating the new law but has only paid $100 toward fines of over $3,000.00. The new anti-smoking law can be found at Ohio Revised Code Chapter 3794. See our prior post about the enactment. Click here for a summary of the law from the Ohio Department of Health.

Demjanjuk Loses in U.S. Supreme Court

The United States Supreme Court has declined to grant a petition for a writ of certiorari to John Demjanjuk, a local resident of Seven Hills, Ohio who has been accused of being Ivan (also spelled Iwan) the Terrible, a Nazi death-camp guard. The long-running case against Demjanjuk has been pending for several decades, during which Demjanjuk has been fighting a deportation order, most recently (and unsuccessfully) on January 30, 2008 in the federal 6th Circuit Court in Cincinnati, Ohio (Case No. 07-3022 on PACER). The Plain Dealer article reporting the Supreme Court's decision indicates that Demjanjuk will finally have to move to Germany, Poland or the Ukraine. PACER contains the dockets for the underlying district court proceedings in Case Nos. 1:99-cv-01193 (USA v. Demjanjuk) and 1:88-cv-00864-GWW (Demjanjuk v. USA). A wikipedia article chronicles the progress of Demjanjuk's case since it began in the late 70's.

Ohio Supreme Court To Consider Employee Residency Laws

The Ohio Supreme Court has decided to tackle employee residency requirements that have been at issue in various communities in Ohio. Without consolidating the matters, the Court will hear separate arguments the same day in 2 cases involving the extent of home rule authority to require employees in Akron (Case No. 2008-0418) and Lima (Case No. 2008-0128) to live where they work. See our prior posts about the 1) the Akron and Lima appeals and 2) the original Summit County Common Pleas Court decision. Click here to read a report from the Toledo Blade that indicates 125 cities and 13 villages in Ohio have residency requirements.

Ohio Supreme Court to Amend Rules on Guardian Ad Litem

The Ohio Supreme Court has published a proposed a new Rule regarding the appointment and performance of guardians ad litem. This brand new rule would apply whenever a common pleas court judge appoints a guardian ad litem in a domestic relations, juvenile, or probate case. It would specify standards for responsibilities, training, and reporting and would require each Judge to issue a formal Order of Appointment to identify the role the guardian will play. After the time for public comment has closed, and the Court has taken an opportunity to make any necessary revisions, this rule would become new Rule 48 of the current Rules of Superintendence for the Courts of Ohio. According to the Ohio Supreme Court's Press Release, the Court is accepting proposed comments until June 10, 2008.