Judicial Votes Count

With so much focus by the national media about next year’s presidential election, it might be easy to overlook the fact that there’s an election this year. 

The Nov. 3 ballot includes 56 municipal court judicial races in 29 Ohio counties. 

Unfortunately, many voters will not complete their ballot because they won’t cast a vote in the judicial races. A major reason cited for this drop-off in voting is because of a lack of information about the candidates running for judge. 

JudicialVotesCount.org is a new website designed to provide voters with the information they need to make an informed decision in judicial races. The candidates have provided details about their legal background and why they are running for the judgeship.

The website also contains valuable information about the important role of judges and the duties of courts at all levels in Ohio – something that teachers might find useful in their classroom instruction.

The website was developed by a partnership among Ohio Supreme Court Chief Justice Maureen O’Connor, the League of Women Voters of Ohio, the Ohio State Bar Association, the Ray C. Bliss Institute of Applied Politics at the University of Akron, the Ohio Newspaper Association, and the Ohio Association of Broadcasters.

Voters should consider adding JudicialVotesCount.org to their list of resources for future elections. It’s a good way to get quality information about judicial candidates.

Another Ohio Appellate Court Offers Video Access

You may know that we at the Ohio Supreme Court have streamed, recorded and archived our oral arguments since March 2004. Our website provides the links to updated materials.

Now the Ninth District Court of Appeals, based in Akron, has decided to begin posting its own oral arguments on YouTube. The Ninth District becomes the first of the 12 appellate courts in Ohio to use this platform for reaching the public.

Many people do not understand the appellate process. TV does not offer shows about courts of appeals, maybe because the work doesn’t seem dramatic. There are no witnesses, no evidence – just arguments presented to a panel of three judges about why a trial decision should be reversed or upheld.

The decisions by our appellate courts announce the law that must be followed in other cases within the district. Sometimes, if the district court decisions conflict, a case may need to be settled by our court. All the more reason that the courtroom door be open for public understanding of this important part of the legal process.

The U.S. Supreme Court so far has refused to allow cameras in the courtroom. As more state courts allow the public to see judges in action, perhaps the highest court in the nation will change its position and do the same.

Courts Warming up to Social Media

A new national survey by the Conference of Court Public Information Officers shows the impact social media is having on judges and courts.

The 2014 CCPIO New Media Survey has some interesting findings. More courts are using social media like Facebook, Twitter, and YouTube as a public information tool. Facebook use by courts is up by more than 5 percent; Twitter use increased by 3.5 percent and YouTube by 3.2 percent.

Court officials have also changed their attitudes about reporters’ use of social media during courtroom proceedings. Nearly 66 percent of court officials in the previous survey had objected to the media’s sending of messages. Now only 46 percent say it’s inappropriate and 39 percent have no problem permitting it. 

Over time more judges and court personnel have begun to become comfortable using social media themselves, but there are still pitfalls for judges due to ethical restrictions on what they may say about their pending work and opinions they express. I certainly understand that concern, and since my first blog post in 2010, I’ve been very cautious in the topics chosen because I write as a sitting justice. 

I was glad to share some thoughts about blogging in the survey report. While by no means an expert in the field of communication, I am a firm believer that exchanging ideas on the best ways to help the public understand our courts is time well spent.

Law & Leadership Institute Student’s Perspective

In the summer of 2008, the Ohio Supreme Court started a pilot program to help increase the number of young people from underserved communities in the legal profession. Today, more than 400 students are involved in the Law and Leadership Institute (LLI) program that has spread to eight law school campuses in Ohio.

Athena Williams has been involved in LLI for two years. Athena will be a high school tenth grader this year, and she is already getting a taste of what it’s like to be a lawyer. She is a very engaging young lady, and I’m sure she will succeed in whatever career path she chooses.

Athena gives a report about her LLI experience this summer in this video story.

What Does Independence Mean to You?

Our country celebrates its 238th birthday tomorrow. The Declaration of Independence was approved by the Continental Congress on July 2, 1776, but the official document wasn’t ready until two days later. So, we celebrate our independence on July 4.

The U.S. Courts put together a great video in which citizens, attorneys, and federal judges from across the country reflect on what independence means, and how the U.S. courts protect their freedoms. The different perspectives are very interesting.



Have a safe and happy holiday!

Addressing an Epidemic

Back in 1985 when I first became a judge and served in the Toledo Municipal Court, we had few drug cases other than marijuana. But over the next 20 years, we saw drugs of choice change from those of powder and crack cocaine to Oxycontin. Today, we are faced with an epidemic that takes the lives of hundreds of Ohioans each year – opiate abuse involving prescription pain medication and illegal drugs such as heroin.

On June 30, more than 800 of Ohio’s judges and others concerned about the impact this epidemic has on their courts and in their communities came to Columbus for the Ohio Judicial Symposium on Opiate Addiction.

Chief Justice Maureen O’Connor helped to open the one-day event that explained the consequences of addiction and offered information on promising judicial practices leading to new methods of treatment for offenders. Each team of the 83 counties represented returned to their communities with a plan to find specific solutions.

Many courts have begun to address this serious problem by using drug courts, which bring together court and treatment personnel to work collaboratively in assisting defendants with their addiction issues by treatment instead of jail or prison. The drug courts are seeing results with reduced recidivism and improved treatment for drug offenders, and with measurable cost savings. Court News Ohio recently visited the drug court at Fairfield County Municipal Court. You can watch the video here:

There’s still much to be done to stop the alarming trend of illegal drug use and death due to opiates. The actions that will be taken as a result of the Ohio Judicial Symposium on Opiate Addiction are steps in the right direction.

Ohio Mock Trial March Madness XXXI

The NCAA is not the only game in town. Ohio high schools had their own version of March Madness this past week when in the span of three days, 30 teams from across the state competed in the Ohio Center for Law-Related Education’s 31st High School Mock Trial Competition.

Preliminaries had been conducted throughout the state, and winners advanced to the regional competitions. The state semi-finals began on Thursday, March 6 at the Franklin County Courthouse in Columbus with two teams advancing to the finals held Saturday at the Ohio Statehouse. Sylvania Southview High School in Lucas County and Orange High School in Cuyahoga County each won four consecutive trials to advance to the championship.

 

The mock trials this year focused on the First Amendment freedom of expression and Fourth Amendment protection against unreasonable search and seizure. The case pitted the school district against students who protested the district’s signing the high school field’s naming rights to a large corporation. The competing teams, coached by their volunteer legal advisors, presented their cases before a panel of two judges and two attorneys in a case written by a committee of volunteer attorneys.

2014 Ohio High School Mock Trial champions
Sylvania Southview
with the panel of judges after the competition.

The panel that presided over the championship after lengthy deliberations chose Sylvania Southview as the winner. Team member Yuran Chen was singled out for his outstanding performance as a plaintiff’s attorney. This is the first time in 10 years that a Southview team has won the championship.

Beginning in 1983, The Mock Trial Program is Ohio’s largest high school academic competition with more than 3,000 students participating each year. The case materials show students what a case is like and how it progresses throughout a trial and allow them to become attorneys and witnesses. We now have attorneys and at least one judge who actually got their first taste of law through by experiencing the mock trial program.

The Madness continues into May, when competition goes national in Madison, Wisconsin. Stay tuned, and we will update you on the outcome.

Good luck, Sylvania Southview! You carry the best wishes of your state. Do us proud!

Happy Birthday, Ohio!

Two hundred eleven years ago Ohio became the 17th state in our nation. President Thomas Jefferson allowed Ohio to apply for statehood in April 1802 when he signed the Enabling Act into law. Later that year a state constitutional convention was held, and on February 19, 1803, President Jefferson approved and signed the first Ohio Constitution.

We officially celebrate Ohio’s birth as a state on March 1, 1803, when the General Assembly gathered for the first time to meet in Chillicothe, the new state capital. Statehood Day is a good time to reflect on our history and the founders who established our governing principles. These principles developed over time, and often were determined by the judiciary.

For example, in an early case, the Supreme Court of Ohio was called upon in 1807 to decide the extent of the authority given by the constitution to the state’s legislature. In Rutherford v. McFadden, the Court asserted its right to nullify an unconstitutional act of the General Assembly.

The Ohio Historical Society will hold its annual Statehood Day event at the Ohio Statehouse on Thursday, February 27. The keynote luncheon speaker is Erin Moriarty, an Ohio native and reporter for CBS News.

On whatever day we remember Ohio’s birth, let us strive to ensure that it will stay healthy to celebrate many, many more.

An Eagle Lands in the Supreme Court's Courtroom

There are some very innovative teaching tools being used to help educate students about government. Recently, fourth graders from New Albany 2-5 Elementary School in Franklin County wrote to Ohio Supreme Court Chief Justice Maureen O’Connor. They were learning about Ohio history and government, and they sent a colorful picture of their school’s eagle mascot. They asked her to take a picture with the eagle and then describe where the eagle had “landed” and why it was important. The Chief Justice was more than happy to accommodate the request and posed with the eagle on the bench of the Supreme Court’s courtroom. Her letter back included information about the court. This 

Ohio Supreme Court Chief Justice Maureen O'Connor

is just one example of an entertaining project to spark students’ curiosity about a branch of government and involve students in the learning process.

There are some great resources available to teachers who are looking for ways to engage students, including the Supreme Court’s Visitor Education Center and the Ohio Center for Law-Related Education. A question for teachers in our state: What programs do you find useful in civics education?

The U.S. Military Veterans of the Ohio Supreme Court

On November 11, 1918, an armistice took effect during World War I on the eleventh hour of the eleventh day of the eleventh month, and Veterans Day was born. We continue to observe that day each year to give thanks to those who have fought for our country.

Forty-six of the 156 Ohio Supreme Court justices have military service in their backgrounds. The first chief judge, Return Jonathan Meigs, won distinction during the Revolutionary War, and eight other justices fought in the War of 1812: Jessup Couch, Samuel Huntington, Peter Hitchcock, Charles Sherman, Henry Brush, Reuben Wood, George Tod, and Gustave Swan.

Five justices volunteered for the Union cause during the Civil War: John Corwin, Thaddeus Minshall, Joseph Bradbury, John Shauk, and William Davis.

One justice, Edward Matthias, served in the Spanish-American War of 1898.

The 11 World War I veterans are Coleman Avery, Benson Hough, Charles Zimmerman, Roy Williams, Robert Gorman, Gilbert Bettman, Robert Sohngen, Henry Middleton, Howard Bevis, Thomas Herbert, and Paul Herbert.

Twelve justices served in World War II: Kingsley Taft, John Peck, C. William O’Neill, Paul Brown, James J.P. Corrigan, Robert Leach, Frank Celebrezze, Asher Sweeney, Robert Holmes, Lloyd Brown, Louis Schneider Jr., and Clifford Brown.

Seven justices served in the military in the decades since World War II: Robert Duncan, David Dowd Jr., James Celebrezze, Andy Douglas, Craig Wright, Herbert Brown, and Francis Sweeney. 

The latest edition of CNO Review features an interview with current Justice William O’Neill, who served in the Army during the Vietnam War. You can read the article and see his video interview at http://www.courtnewsohio.gov/happening/2013/veterans_110513.asp.

All U.S. military veterans who have served and sacrificed for their country will be honored on November 11 as the nation observes Veterans Day. We are proud to include our justices among them.

Women of the Court

A new portrait was unveiled this week in Washington D.C. that depicts the four women who have served on the U.S. Supreme Court: former Justice Sandra Day O’Connor and current Justices Ruth Bader Ginsberg, Sonia Sotomayor, and Elena Kagan. The portrait is located at the National Portrait gallery and was painted by artist Nelson Shanks.

The Ohio Supreme Court has had 10 women serve as justices. The first was Florence Allen, who served on the court from 1923 until 1934. It would be another 47 years before the second woman served on the bench. Blanche Krupansky was appointed to the bench in 1981. Since then, there have been eight more women either elected or appointed to the Supreme Court, including the state’s first female Chief Justice, Maureen O’Connor, who was elected in 2010. When I was elected as the 150th justice in 2004, Alice Robie Resnick, Deborah Cook, and Evelyn Lundberg Stratton had already been serving on the court. Yvette McGee Brown began her term in 2011.

It’s also important to note that since January 2011, the Ohio Supreme Court has had a continuous female majority. Here’s a picture taken last year in the Eighth District Courtroom under the historic phrase “This is a Government of Law Not of Men.”


Pictured left to right: Former Justice Yvette McGee Brown,

who lost in last year’s election; Chief Justice Maureen O’Connor;

Justice Judith Ann Lanzinger; and Former Justice Evelyn Lundberg Stratton,

who retired last year.

Since that picture was taken, two new justices, Sharon Kennedy and Judith French, have joined the court to continue the 4-3 female majority.

I’m honored to have served with all of my colleagues, women and men, who are dedicated to the law.

Justice Robert M. Duncan: Legal Trailblazer



Portrait of the late Ohio Supreme Court
Justice Robert M. Duncan

Occasionally we are able to celebrate someone who has made a tremendous difference in the lives of many. Justice Robert M. Duncan was such a man. On October 10, in an official session of the Supreme Court of Ohio at the Thomas J. Moyer Ohio Judicial Center, the late justice’s family presented to the court his life-like portrait by Toledo artist Leslie Adams.  

The dedication ceremony was very personal and inspiring and can be seen here in our video archive. Chief Justice Maureen O’Connor noted that Justice Duncan was a man of many “firsts.” He was the first African American to serve on the Ohio Supreme Court, the first to win a seat in a statewide Ohio election and the first to be appointed to the federal bench in Ohio. He presided over the case that, in a legal first, ordered the desegregation of Columbus schools. He was a true legal pioneer, blazing a trail for others.

The speakers at the portrait dedication noted Justice Duncan’s illustrious public service career, his generosity, and his love of life. And his family spoke of him with moving devotion.  

Although he ended his judicial career in 1985, Justice Duncan continued to contribute to the legal profession and his community until his death in November of last year. Through his service on the bench and in the community, Justice Duncan was a model for all who aspire to public service. We will be reminded of him by his portrait, which will hang in the Moyer Judicial Center.

On the Road Again

In just a few weeks, the seven justices of the Ohio Supreme Court will travel for the fall session of our Off-Site Court Program, where twice per year we convene in official session at a location outside Columbus. This will be our 67th trip since the program was started by the late Chief Justice Thomas J. Moyer in 1987.

Crawford County will be our host on October 23 when we hear oral arguments in three cases beginning at 9 a.m. at Bucyrus High School. This is a chance for students to discover how different appellate cases are from the typical TV court portrayals of justice in action.

Students and teachers from Bucyrus, Buckeye Central, Colonel Crawford, Crestline, Galion, and Wynford high schools received curriculum material beforehand, including summaries of the cases that will be argued. Volunteer local attorneys worked with the educators at each participating school to explain Ohio’s judicial system and help review the case materials. The preparation for the event is truly a team effort! 

On Wednesday morning, we justices will meet with the students for a question-and-answer session before the first scheduled argument. First, Chief Justice O’Connor introduces each justice who then has a moment to talk. I usually mention the 5 important skills that we need to properly do our jobs as judges: the ability to listen, read, think, write and speak – skills that continue to be developed in high school and beyond. Then at question time these young men and women can show their curiosity about their state court system. 

After attending oral arguments, students will meet with the case attorneys for a debriefing and discussion of the legal issues in the case they just heard. Generally, this is the favorite portion of the event for all involved.

You can find more information online about the Supreme Court Off-Site Court Program as well as a video showing footage from past sessions. We are looking forward to being in Crawford County.

iCivics Teachers Council Needs You

How would you like to be a part of a national effort to create free, innovative educational materials to reverse our young peoples’ declining civic knowledge and participation?

Former U.S. Supreme Court Justice Sandra Day O’Connor’s iCivics program is accepting applicants for its Teachers Council, to help with teacher engagement and product development.

In four years, iCivics has produced many educational video games as well as vibrant teaching materials that have been used in classrooms in all 50 states. It offers the nation’s most comprehensive, standards-aligned civics curriculum that is available freely on the Web.

By becoming a member of the council, you’ll receive many benefits, including:

• A letter of commendation from Justice O'Connor sent directly to your administration.
• A press release in your local community upon acceptance to the Council. 
• Access to an all expenses paid meeting in Washington, D.C. with fellow Council Members, iCivics staff, education and technology leaders, and Justice O'Connor as her schedule permits.
• And much, much more.

How to apply:

• Read the instructions / FAQs, then download the fillable PDF application.
• Attach the completed application and the 3 other required documents (outlined in the instructions) to teacherscouncil@icivics.org by October 18 at 5 p.m. EST. 
• Share this link with your teacher friends!

Teachers and anyone passionate about serving teachers may apply, including nonprofit directors, library and media specialists, and curriculum specialists. Instructions and the application are available online, with the application due by October 18 at 5 p.m. EST.

A Dead Language Helps Keep Law Alive

When I was in high school, I studied Latin for four years, never realizing that it would be a help to me when I later studied law. If you follow the Ohio Supreme Court on our website, you may occasionally encounter phrases that come from this “dead language.” Here are just a few examples:

• amicus curiae = “friend of the court,” a person or entity who is not party to a court case ut who petitions the court or is requested by the court to file a brief because of a special interest in the subject of the case.
• et al. = “and others,” an abbreviation usually used after the first  name, “Smith et al. v. Jones, et al.” used when there are many parties on one side of the case or another. 
• ex post facto = “after the fact,” referring  to a law that makes punishable an act that was not illegal at the time it was committed.
• habeas corpus = “you have the body,” a petition by a prisoner challenging an illegal commitment and seeking a writ that will order release from custody. 
• nolle prosequi = “unwilling to proceed,” a decision by a prosecutor to dismiss a criminal case.
• per curiam = ”through the court,” an opinion of the court not signed by a particular justice as an author.
• pro se= “for oneself,” meaning a person is acting on his or her own behalf without a lawyer.
• res judicata = “a matter judged,” an issue that already has been settled by judicial decision.
• stare decisis = “to stand by that which is decided,” principle that precedent is to be followed in later cases.

Even though some would abolish all Latin in court documents, calling for “plain English,” certain phrases are well-established in the American legal system and will continue to be used within the profession by lawyers and judges as a kind of “shorthand” to describe legal concepts and principles. Latin still lives.

September 17 is a Special Day for Our Country

On this day in 1787, the U.S. Constitution was adopted by 39 delegates to the Constitutional Convention in Philadelphia.



U.S. Constitution (National Archives Website)

The U.S. Courts’ website has resources for teachers and the general public to learn more about the Constitution. The site includes a quiz to test your knowledge about this vital document that established the foundation of our government. For example, when was the last time the Constitution was amended? I won’t give away the answer. See for yourself and then let me know how you did.

Once Again, An Open Invitation

I have the distinct pleasure of working in one of Ohio’s most stunningly beautiful buildings. With its architectural and artistic details, the Thomas J. Moyer Ohio Judicial Center, nestled along the banks of the Scioto River in downtown Columbus, is truly a gem.

Every year, we have thousands of visitors who tour the building and discover interesting facts about its 80-year history. Part of the tour includes a stop in the Visitor Education Center, where interactive exhibits explain the role of our courts and illustrate important cases and issues. One of my favorite stops is the mock trial courtroom where visitors can place themselves in the roles of judge, jury, plaintiff, and defendant.

We welcome those that we serve, this is your Supreme Court, after all. You can schedule your visit Monday through Friday, 9 a.m. to 4 p.m., by calling 614.387.9223 or e-mailing courttours@sc.ohio.gov.


Watch this new video to get an idea of what you’ll see during the tour and how one school in Cincinnati is always the first to visit each school year.