Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Thursday, May 19, 2005

New Bill Introductions - 5/18/2005

HB 265 NON-COMPLYING WILLS (Seitz) To provide a procedure for a probate court to treat a document as a will notwithstanding its noncompliance with the statutory formalities for executing wills. Am. & En. 2107.27 & 2107.24 Full Text

HB 266 JUDICIAL TERMS/QUALIFICATIONS (Seitz) To increase the terms of office for judges of the courts of common pleas, courts of appeals, and the Supreme Court, to change the qualifications for all judges, and to require the Supreme Court to establish a qualification program for candidates for judicial office. Am, En. & Rep. 107.08, 1901.06, 1907.13, 2101.02, 2101.021, 2301.01, 2301.02, 2301.03, 2501.02, 2503.01, 2503.02, 2503.03, 2501.021, 2503.51, 2501.011, 2501.012 & 2501.013 Full Text

HB 267 PROFESSIONAL LICENSES (Key) To revise the laws governing issuance of certain professional licenses. Am. & En. 3923.233, 3923.301, 4701.16, 4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14, 4719.03, 4723.07, 4723.28, 4723.34, 4725.53, 4727.15, 4728.13, 4729.16, 4729.53, 4729.56, 4731.22, 4731.224, 4731.225, 4731.226, 4731.25, 4732.17, 4733.20, 4734.31, 4734.39, 4735.07, 4735.09, 4735.13, 4735.27, 4735.28, 4738.04, 4738.07, 4738.18, 4740.06, 4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, 4751.10, 4753.10, 4755.10, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07, 4760.13, 4761.09, 4762.13, 4763.11, 4765.18, 4779.28, 4781.09 & 4743.06 Full Text

HB 268 COVENANT MARRIAGE (Faber) Relative to covenant marriages and to require premarital education and assessment for all applicants for marriage licenses. Am. & En. 2101.12, 2101.16, 2101.24, 3101.05, 3101.13, 3101.99, 3103.01, 3103.06, 3105.01, 3105.08, 3105.091, 3105.10, 3105.17, 3105.171, 3105.18, 3105.31, 3105.61, 3105.62, 3105.64, 3105.65, 3107.03, 3705.21, 3705.24, 109.021, 2101.241, 3101.20 to 3101.23, 3101.26 to 3101.29, 3105.012, 3105.092 & 3105.172 Full Text

HB 269 IMPORTUNING AGE (Willamowski) To raise from 13 to 14 the age below which the victim must be or appear to be for the higher penalties for the offense of importuning to apply and to increase the penalty for the offense of importuning. Am. 2907.07 Full Text

HB 270 PUBLIC SAFETY RETIREMENT (Willamowski) To create special provisions in the Public Employees Retirement System for public safety officials. Am. 145.01, 145.33, & 145.49 Full Text

HB 271 VEHICLE SEIZURE (Bubp) To eliminate the penalty of vehicle seizure and subsequent impoundment or forfeiture for persons convicted of driving while under suspension imposed due to a financial responsibility law violation. Am. 4503.233, 4503.234, 4507.02, 4507.164, 4510.16, 4510.161 & 4510.41 Full Text

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Five Justices Recuse Themselves From "Coin-Gate" Proceedings

Five Republican members of the Ohio Supreme Court stepped aside Wednesday from hearing two cases involving a $50 million workers' compensation system investment in rare coin funds that a GOP fundraiser managed. The (Cleveland) Plain Dealer reported Wednesday that the five had accepted $23,000 in campaign contributions from Thomas Noe of Maumee, the person who had been managing the fund.

Mr. Noe, a fundraiser for President Bush and statewide GOP officeholders, was paid at least $2.2 million for his management of the coin investments for the Ohio Bureau of Workers' Compensation. He recently resigned from the Ohio Turnpike Commission and Ohio Board of Regents, and is under state and federal investigation over the coin funds and federal campaign contributions.

Pending before the Court is a request from The (Toledo) Blade to order the bureau to release un-redacted reports of coin fund audits and other information the newspaper contends is a public record.

Chief Justice Moyer and Justices Evelyn Stratton, Maureen O'Connor, Terrence O'Donnell and Judith Lanzinger recused themselves Wednesday from hearing both cases. As a result, Justice Alice Resnick will serve as chief justice in the matters and will assign appellate court judges to substitute for the five justices. Republican Justice Paul Pfeifer also will hear the case.

Source: Gongwer News Service

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Supreme Court of Ohio Case Announcements and Administrative Actions - 5/19/2005

Here is the link.

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Motion for Sanctions in Elections Case Denied by Supreme Court of Ohio

In a ruling handed down today, the Supreme Court of Ohio has denied a motion for sanctions against attorneys who had filed the election protest actions. Here is the final paragraph:

"I conclude that an award of sanctions in this case is not authorized
by the statutes governing election contests. I therefore overrule contestees’
motion for costs and sanctions. The motion of the Secretary of State and Ohio’s
presidential electors is overruled."

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Wednesday, May 18, 2005

Chief Justice Moyer Backs Bill Calling for Longer Judicial Terms

According to a story in the Cleveland Plain Dealer, the Chief Justice and the head of the Ohio State Bar Association are backing a bill (SB 149) that would specify longer terms for judges and change how they are selected.

The rather lengthy bill (36 printed pages) states that it will amend the Ohio Revised Code to

"increase the terms of office for judges of the courts of common pleas, courts of appeals, and the Supreme Court, to change the qualifications for all judges, and to require the Supreme Court to establish a qualification program for candidates for judicial office."

A quick look at the bill finds that judgeship terms will be increasing from 6 to 8 years at some point if the bill is passed. According to the article referenced above, Chief Justice Moyer stated that longer terms would attract more of the best lawyers to run for judge and that many lawyers don't seek the office because the current six-year terms don't offer enough job security to leave a higher-paying private practice.

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New Bill Introductions

SB 147 LAND CONVEYANCE (Austria) To authorize the conveyance of state-owned real estate in Stark County to the City of Massillon, in Warren County to Cincinnati Gas and Electric Company, in Brown County to a purchaser to be determined, in Franklin County to the Columbus Board of Education, and in Clark County to a purchaser to be determined, and to declare an emergency. Full Text

SB 148 ELECTRONIC RECORDINGS (Hottinger) To authorize a county recorder to use electronic or magnetic mediums for recording federal tax and other federal liens and to request the disposal of paper versions of those recorded documents. Am. 317.09 Full Text

SB 149 JUDICIAL TERMS/QUALIFICATIONS (Grendell) To increase the terms of office for judges of the courts of common pleas, courts of appeals, and the Supreme Court, to change the qualifications for all judges, and to require the Supreme Court to establish a qualification program for candidates for judicial office. Am., En. & Rep. 107.08, 1901.06, 1907.13, 2101.02, 2101.021, 2301.01, 2301.02, 2301.03, 2501.02, 2503.01, 2503.02, 2503.03, 2501.021 2503.51, 2501.011, 2501.012, & 2501.013 Full Text

HB 256 JURY SERVICE (Collier) To provide additional grounds to excuse a prospective juror from jury service and to specify the procedures for requesting an excuse based on those grounds. Am. 2313.16 Full Text

HB 257 NURSING HOME VACCINATIONS (Hagan) To require nursing homes and other homes for the elderly to offer residents vaccinations against influenza and pneumonia and to require hospitals to offer certain patients vaccinations against influenza and pneumonia. En. 3721.041 & 3727.19 Full Text

HB 258 POWER OF ATTORNEY (Evans, C.) To require the Registrar of Motor Vehicles or a deputy registrar to inquire about a durable power of attorney for health care or a declaration governing life-sustaining treatment when a person applies for a license and to require that the forms be available free from the Registrar or a deputy registrar. En. 4507.061 Full Text

HB 259 BODILY SUBSTANCES (Wagner) To prohibit a person, with intent to harass, annoy, threaten, or alarm a law enforcement officer, from causing or attempting to cause the law enforcement officer to come into contact with a bodily substance. Am. 2921.38 Full Text

HB 260 CAPITAL PUNISHMENT REVIEW (Smith, S.) To create a Capital Case Commission to study the imposition and administration of capital punishment in Ohio and to make recommendations for improving Ohio's procedures in capital cases and its capital sentencing procedures. Full Text

HB 261 FORMALDEHYDE (Smith, S.) To classify formaldehyde as a harmful intoxicant. Am. 2925.01 Full Text

HB 262 LANDFILL AUDITS (Law) To require the owner or operator of a solid waste disposal facility to make available for auditing by the solid waste management district in which the facility is located, or in which solid waste that is disposed of at the facility is generated, any daily log of operations of the facility that is required by the Director of Environmental Protection. En. 3734.576 Full Text

HB 263 HEALTH CARE (Skindell) To establish and operate the Ohio Health Care Plan to provide universal health care coverage to all Ohio residents. En. 3922.01 to 3922.15, 3922.21 to 3922.28, 3922.31, 3922.32 & 3922.33 Full Text

HB 264 WORKERS' COMPENSATION (Skindell) To grant Workers' Compensation benefits to an employee who suffers an adverse medical condition as a result of receiving a smallpox vaccination as part of homeland security measures. Am. 4123.68 Full Text

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Supreme Court of Ohio Decisions - 5/18/2005

Wednesday, May 18, 2005

2003-1676, 2003-1713 and 2004-1614. Buckley v. Wilkins, 2005-Ohio-2166.
Board of Tax Appeals, Nos. 2002-V-1369, 2003-A-350, and 2003-B-1389. Decisions affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., concurs in judgment only.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2166.pdf
Summary: Supreme Court Affirms That Wages Are ‘Income’ Subject to State Income Tax

2003-1960. Crew 4 You, Inc. v. Wilkins, 2005-Ohio-2167.
Board of Tax Appeals, No. 2002-V-958. Decision affirmed in part and reversed in part.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2167.pdf

2004-0136. Estate of Nord v. Motorists Mut. Ins. Co., 2005-Ohio-2165.
Cuyahoga App. No. 82857, 2003-Ohio-6345. Judgment reversed.

Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2165.pdf
Summary: Uninsured Motorist Coverage Does Not Apply When Ambulance Passenger Injury Not Caused by Vehicle

2004-0692. State ex rel. Marion Cty. N. Cent. Ohio Rehab Ctr. v. Snare, 2005-Ohio-2164.
Franklin App. No. 03AP-325, 2004-Ohio-1411. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2164.pdf

2004-1793. State ex rel. Duncan v. Mentor City Council, 2005-Ohio-2163.
Lake App. No. 2003-L-041, 2004-Ohio-5009. Judgment reversed and cause remanded.
Moyer, C.J., Resnick, Pfeifer, O'Connor and Lanzinger, JJ., concur.
Lundberg Stratton and O'Donnell, JJ., concur separately.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2163.pdf

2004-1799. Toledo Bar Assn. v. Lowden, 2005-Ohio-2162.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-048. Jeffrey T. Lowden, Attorney Registration No. 0071548, is suspended from the practice of law in Ohio for two years, stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2162.pdf

2004-1837. State ex rel. Bunting v. Haas, 2005-Ohio-2161.
Stark App. No. 2004CA00328. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2161.pdf

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Tuesday, May 17, 2005

Ohio Board of Tax Appeals Merit Decisions - 5/13/2005

MERIT DOCKET

2003-T-905 Paul Grammas Family L.P. v. Clermont County Board of Revision, the Clermont County Auditor, and West Clermont Local School District Board of Education. Real Property Tax. Value found. Board members concur.

2003-T-906 Paul Grammas Family L.P. v. Clermont County Board of Revision, the Clermont County Auditor, and West Clermont Local School District Board of Education. Real Property Tax. Value found. Board members concur.

2003-G-1041 South Euclid-Lyndhurst City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Jean & Frank Matteo. Real Property Tax. Value found. Board members concur.

2003-A-1116, 2003-A-1148, 2003-1149, 2003-A-1150 Arrowhead Apartments, Ltd., Phase III A Limited Part., Arrowhead Apartments, Ltd. Phase IV, A Ltd. Part., Arrowhead Apartments, Ltd., Phase I, and Arrowhead Apartments Ltd., Phase II A Limited Part. v. Clermont County Board of Revision, Clermont County Auditor, and Loveland City School District Board of Education. Real Property Tax. Value found. Board members concur.

2003-R-1318 Cuyahoga Heights Local School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Powis Properties, LLC. Real Property Tax. Value found. Board members concur.

2003-R-1738 David and Lydia Neubrander v. Summit County Board of Revision and Summit County Auditor. Real Property Tax. Value found. Board members concur.

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Supreme Court of Ohio Case Announcements and Administrative Actions - 5/17/2005

Here is the link.

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Monday, May 16, 2005

US Supreme Court Denies Cert in "Chief Wahoo" Case

Cert was denied today by the US Supreme Court in the following:

04-1248 BELLECOURT, VERNON, ET AL. V. CLEVELAND, OH, ET AL.

Here is a link to the decision from the Supreme Court of Ohio. The syllabus from the latter opinion states:

Civil rights – Section 1983, Title 42, U.S.Code – Right to free speech not violated
by arrest after burning effigy where municipality’s interest in preserving
public safety is implicated.

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Supreme Court of Ohio Case Announcements and Administrative Actions - 5/16/2005

Here is the link.

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