Cleveland Law Library Weblog

1st Week for New & Improved Help Center @ Cuyahoga County Domestic Relations Court in the Cuyahoga County Courthouse

Today marks the 1st successful week for Cuyahoga County Domestic Relations Court's new and improved Help Center in Room 29 (basement) of the Cuyahoga County Courthouse.  Although staff in the new Center cannot provide legal advice, they will be able to provide:

• court forms at no cost
• instructions on how to complete court forms
• a review of filled-out forms for completeness and adequacy
• information about court processes, practices, and procedures
• an explanation of the purpose and options available through the Court
• follow-up to ensure all paperwork is ready for final hearings
• notary public services
• help finding free or low cost legal services and programs, including mediation programs

The new Center has 1 computer for lawyers and another for self-represented litigants. These computers will enable users to prepare court forms and calculate child support.

Cuyahoga County Domestic Relations Court Introduces E-Filing Today, 4/17/17

Effective today, April 17, 2017, E-Filing is now available in the Cuyahoga County Domestic Relations Court. As part of the launch of this new service, the Court issued E-Filing Administrative Order 1.0 containing the general rules for E-filing.

The Court's Press Release explains that:

"Attorneys may now electronically file all new domestic relations cases, except domestic violence, beginning April 17, 2017. Other filings in existing cases such as affidavits, briefs, motions, will also be accepted. Self-represented parties may participate in the e-filing program but will not be required to do so. “This is a major step forward in the Court’s efforts to provide access to justice and make our system more convenient. By investing in technology, we expect increased efficiencies and tremendous cost-savings to taxpayers,” said Administrative Judge Rosemary Grdina Gold. “The time saved from improved processes will allow us to focus on better serving the needs of our customers.” The e-filing system will allow court documents that are filed electronically to be integrated into the Court’s electronic case management system. ... There are no additional costs to e-file – users will pay the same filing fees charged for filing paper documents."

The Press Release also identifies the advantages of the new E-filing system.

An E-Filing Account Application, an E-Filing User Guide, and a list of Frequently Asked Questions can be found in the E-Filing portion the Clerk of Courts’ website: http://coc.cuyahogacounty.us/en-US/efiling.aspx.

An E-Filing Training Video will be coming soon on the Clerk of Court's web site.

Ohio Supreme Court Board Issues Advisory Opinion on Judges Performing Civil Marriages of Same-Sex Couples

On the heels of the Supreme Court's decision in Obergefell v. Hodges, the Ohio Supreme Court's Board of Professional Conduct has issued Advisory Opinion 2015-1. The Syllabus of this Opinion states that:

"A judge who exercises the authority to perform civil marriages may not refuse to perform same-sex marriages while continuing to perform opposite-sex marriages. A judge may not decline to perform all marriages in order to avoid marrying same-sex couples based on his or her personal, moral, or religious beliefs."

The full text of the Opinion can be found at this link, and the Supreme Court's press release can be found at this link.

New "Archives Division" Office Open in Cuyahoga County Courthouse Basement for Searching Court Files

A new public records room (Room No. 37) is now open in the basement of the Cuyahoga County Courthouse for searching court files. According to a press release from the Clerk of Courts, the remodeled space "includes public terminals to search the online docket and a copy machine and scanner for customer use. The renovated space will allow for greater usability by the public, improved customer service, and includes ADA accessible public terminals and work space." The docket includes civil, criminal, appellate and foreclosure cases.

This new space was part of a reorganization in which more than 11,000 boxes of archived files were removed from the Courthouse hallways for later conversion to digital files or microfilm. Other changes to the Courthouse include: a new Domestic Relations Division Office in Room No. 35; a new Notary Division in Room No. 34; removal of the civil Microfilm office to the 1st floor of the Justice Center.

Even more moves are planned because the Certified Copy and Microfilm Departments in the Criminal Division are going to be moving to newly renovated space on the first floor of the Justice Center very soon.

Cuyahoga County DR Court Adopts Local Rule 38: Parenting Coordination

The Cuyahoga County Domestic Relations Court has just adopted Local Rule 38: Parenting Coordination, effective today, November 20, 2014. This new Rule creates a new role for a Parenting Coordinator in working out disputes involving children. Appointments can be made for the following situations:

"(A) The Court may order parenting coordination, sua sponte or upon written or oral motion by one or both parties, when one or more of the following factors are present: 

(1) The parties have ongoing disagreements about the implementation of a parental rights and responsibilities or companionship time order and need assistance; 

(2) There is a history of extreme or ongoing parental conflict that has been unresolved by previous litigation or other interventions and from which a child of the parties is adversely affected; 

(3) The parties have a child whose parenting time schedule requires frequent adjustments, specified in an Order of the Court, to maintain age-appropriate contact with both parties, and the parties have been previously unable to reach agreements on their parenting time schedule without intervention by the Court; 

(4) The parties have a child with a medical or psychological condition or 
disability that requires frequent decisions regarding treatment or frequent adjustments in the parenting time schedule, specified in an order of the Court, and the parties have been previously unable to reach agreements on their parenting time schedule without intervention by the Court; 

(5) One or both parties suffer from a medical or psychological condition or 
disability that results in an inability to reach agreements on or make adjustments in their parenting time schedule without assistance, even when minor in nature; 

(6) Any other factor as determined by the Court." 

Ohio Supreme Court Adopts New Parenting Coordination Rules

The Ohio Supreme Court has adopted new Parenting Coordination Rules in Superintendence Rules 90 through 90.12. According to Rule 90, "“Parenting coordination” means a child-focused dispute resolution process ordered by a court of common pleas or division of the court to assist parties in implementing a parental rights and responsibilities or companionship time order using assessment, education, case management, conflict management, coaching, or decision-making." The Rule goes on to distinguish this new process from mediation. Although a spokesperson for the Ohio Supreme Court indicates that many local courts are already resolving disputes through coordination efforts, the Rules are designed to provide standards that all Ohio courts can use and promote consistency among different programs.

E-Filing Almost Here for Cuyahoga County Common Pleas and Court of Appeals

The Clerk of Court for Cuyahoga County is on the verge of going live with a brand-new e-filing system. According to an Order (First Amended Temporary Administrative Order) issued by Cuyahoga County Common Pleas Court Administrative Judge Nancy Fuerst, voluntary e-filing in selected civil cases will start on October 14th-just 6 days from now. That includes cases involving: professional torts (filing codes 1311, 1312, 1313, 1315, 1316, 1317), product liability (1330), other torts (1310, 1314, 1350), workers compensation (1550, 1531), the commercial docket (1386, 1387), administrative appeals (1540, 1551) and other civil (1382, 1384, 1388, 1391, 1501, 1502, 1503). Beginning on November 12th, e-filing will be mandatory for foreclosure cases (filing codes 1460, 1465, 1466, 1467, 1470, 1480, 1481). Although criminal e-filing is coming, it will be addressed by a separate administrative order.

According to the Order, filers must remove all personal and private information from documents they file, including, but not limited to, SSN's, financial account numbers, names of minor children, information protected by law from disclosure, and other PIN information like driver's license numbers. All documents except proposed orders that must be filed in Microsoft Word (.doc or .docx), are required to be filed in PDF format, and no document can exceed 20MB. Although documents can be submitted electronically 24x7, they will only be "deemed filed...24 hours a day, five days a week." The Clerk will accept paper filings until e-filing becomes mandatory. Even then, pro se litigants will still be able to file paper documents or use a computer terminal at the court to register and e-file. The Court promises that training will be provided for attorneys who are going to be using the new system. Lawyers and other filers will also have to register with the Court and sign an Electronic Filing System's User Agreement, which should hopefully become available soon. Once users are registered, the Clerk will send out electronic notifications of notices, orders, and other documents. The Judge's Order, with more specifics on e-filing, can be found here. In addition, click here for the Court's e-filing announcement. 

Cuyahoga County Courthouse Provides a New Home for the Domestic Relations Court Clerk and Notary Dept.

If you had not already noticed it, the Clerk of Court for Cuyahoga County's Domestic Relations Court has a new home in room 35 of the basement of the County Courthouse. The Notary Department has also moved downstairs.  All domestic relations and notary mail and filings should be directed to the new mailing address: Clerk of Courts Andrea F. Rocco, Domestic Relations/Notary Division, One Lakeside Avenue, Room 35, Cleveland, OH 44113. 

National Center for State Courts Issues New Trends in State Courts (2013 Edition)

The National Center for State Courts has issued a new Trends in State Courts (2103 edition). Some of the articles in this year's issue cover: mandatory pro bono service; child protection; improving courthouse customer service; understanding the impact of human trafficking on state courts; strategic networks and plans; and access to justice issues for the poor. This edition marks the 25th anniversary of this publication. 

Cuyahoga County Domestic Relations Court Amends Local Rules 19, 20, 29, 30 and 31

Last week, the Cuyahoga County Domestic Relations Court amended Local Rules 19, 20, 29, 30 and 31. Rule 19 relates to child and spousal support modifications; Rule 20 pertains to motions to show cause; Rule 29 relates to issuance of a citation or capias; and Rules 30 and 31 pertain to foreign parenting orders. These new amendments took effect on July 29, 2013.