Ohio Law

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

Friday, August 19, 2005

New Bill Introductions

SB 171 NORTHAMPTON COURT JURISDICTION  (Coughlin)  To clarify that the former township of Northampton is no longer within the jurisdiction of the Akron Municipal Court.  Am. 1901.02   Full Text
SB 172   PUBLIC ADVOCATE DEPARTMENT  (Fedor)  To establish the Department of Public Advocate within the executive branch of state government.  Am. 121.02, 121.03 & 121.04   Full Text
HB 331   EMINENT DOMAIN  (Gibbs)  To establish, until December 31, 2006, a moratorium on the use of eminent domain by any public body of the state to take unblighted private property when the sole or primary purpose for the taking is economic development that will ultimately result in ownership of the property being vested in another private person, to create the Legislative Task Force to Study Eminent Domain and Land Use Planning in the State, and to declare an emergency.   Full Text
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8/19/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

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Thursday, August 18, 2005

8/18/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

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Wednesday, August 17, 2005

New Bill Introductions

HB 327 FINANCIAL RESPONSIBILITY/COURT COSTS (Key) To require that fifty percent of all fees paid into the Financial Responsibility Compliance Fund be distributed to the courts to cover costs incurred by the courts in connection with the enforcement of the traffic laws. Am. 4503.20 & 4509.101 Full Text

HB 328 VOTER EDUCATION (Key) To require every high school to include one-half hour of voter education instruction as party of the required American government course instruction Am. 3313.603 Full Text

HB 329 DRIVER LICENSE SUSPENSIONS (DeWine) To make changes in certain driver's license suspension provisions; to limit when a court must impose a mandatory prison term for aggravated vehicular assault; and to modify certain provisions relating to motor vehicle operation, mayor's courts and electronic monitoring devices. Am. 1905.033, 2903.08, 2921.331, 4509.101, 4510.10, 4510.11, 4510.12, 4510.14, 4510.15, 4510.16, 4510.17, 4511.191, 4511.203, 4549.02, 109.66 & 4510.18 Full Text

HB 330 MILITARY/PROBATE FEES (Healy) To exempt estates of members of the United States Armed Services who died while serving in a combat zone from being any fees associated with the filing of the decedent's will for probate or the administration of the decedent's estate or any fees for relieving the estate from administration or granting an order for summary release from administration. Am. & En. 2101.16 & 2101.164 Full Text

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8/17/2005 - New Decisions from the Supreme Court of Ohio

Wednesday, Aug. 17, 2005

2004-1808. Columbus Bar Assn. v. Halliburton-Cohen, 2005-Ohio-3956.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-113. Kim M. Halliburton-Cohen, Attorney Registration No. 0023389, is suspended from the practice of law in Ohio for six months, 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-3956.pdf

2004-2141. Cuyahoga Cty. Bar Assn. v. King, 2005-Ohio-3955.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-116. Michael Leonard King, Attorney Registration No. 0031364, is indefinitely suspended from the practice of law in Ohio.
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-3955.pdf
Summary: Cleveland Attorney Indefinitely Suspended

2004-2146. Cleveland Bar Assn. v. McKissic, 2005-Ohio-3954.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 03-11. Velma McKissic is enjoined from conduct that constitutes the unauthorized practice of law.
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-3954.pdf
Summary: Court Holds ‘Legal Forms Assistance’ Firm Engaged in Unauthorized Practice of Law

2004-2157. Disciplinary Counsel v. White, 2005-Ohio-3957.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-035. David Lee White II, Attorney Registration No. 0030927, is indefinitely suspended from the practice of law in Ohio.
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-3957.pdf
Summary: Morgan County Attorney Suspended

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Tuesday, August 16, 2005

Interception of E-mail Violates Federal Law

This tidbit courtesy of legalethics.com:

On August 11, 2005, the First Circuit issued its en banc decision in U.S. v. Councilman, 2005 WL 1907528 (1st Cir. Aug. 11, 2005), where it held that interception of e-mail while on its way to the recipient violated the Electronic Communications Privacy Act. This case lends strength to the position of those who believe that attorneys may use e-mail without encryption.

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Ohio Board of Tax Appeals Merit Docket Decisions Released 8/12/2005

MERIT DOCKET

2003-P-1451 William S. and Sandra M. Dehner v. Hamilton County Board of Revision, Hamilton County Auditor and the Northwest Local School District Board of Education. Real Property Tax. Vacated and Remanded. Board members concur.

2004-M-40 State Street Bank - Trust Co. of Connecticut NA et al. v. Montgomery County Board of Revision, the Montgomery County Auditor and Northmont City Schools Board of Education. Real Property Tax. Value found. Board members concur.

2004-M-143 First Baptist Church of Milford v. J. Patrick McAndrew, Tax Commissioner of Ohio. Real Property Tax Exemption. Tax Commissioner affirmed. Board members concur.

2004-V-507 Jefferson Area Local School District Board of Education v. Ashtabula County Board of Revision, Ashtabula County Auditor, and First States Investors, 2550A, LLC. Real Property Tax. Value found. Board members concur.

2004-G-644 John C. Conkle v. Coshocton County Board of Revision and Coshocton County Auditor. Real Property Tax. Remanded. Board members concur.

2004-M-792 Parmalat Bakery Group aka Archway Cookies, Inc. v. Ashland County Board of Revision, the Ashland County Auditor and the Ashland City School District Board of Education. Real Property Tax. Value found. Board members concur.

2004-V-885 Perry Local School District Board of Education v. Stark County Board of Revision, Stark County Auditor, and 1515 Management Company Inc. Real Property Tax. Value found. Board members concur.

2004-A-1205, 2004-A-1206 Planet Investment Corp. v. Franklin County Board of Revision, Franklin County Auditor, and the Board of Education of the Plain Local Schools District. Real Property Tax. Value found. Board members concur.

2005-M-178 Board of Education of the Rocky River Schools v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor, and Kensington Club Limited Partnership. Real Property Tax. Vacated. Board members concur.

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8/16/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

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Monday, August 15, 2005

New Opinions from the Supreme Court of Ohio's Board of Commissioners on Grievances and Discipline

OPINION 2005-6

Decided August 8, 2005

SYLLABUS: A lawyer or law firm should not participate in a local television station’s advertising and public service program if entitled “Ask the Expert.” The program name, not the program itself, is objectionable under the disciplinary rules. Lawyers may not hold themselves out as experts. If a television station’s advertising and public service program is properly titled, the lawyer’s participation is proper so long as the lawyer is able to comply with his or her ethical duties under the Ohio Code of Professional Conduct.

OPINION 2005-7

Issued August 5, 2005

SYLLABUS: It is proper for attorneys to volunteer in a bar association sponsored program providing public education and pro bono legal services regarding advance directive forms. The term “advance directive” refers to living will, health-care power of attorney, and anatomical gift forms, and to mental health declarations. Such efforts by the bar association and the volunteer attorneys help educate the public and provide access for individuals without means to afford such legal assistance.

Whether it is proper for individual lawyers or law firms, acting on their own and not through a proper auspice such as a bar association, to provide public education and pro bono legal services regarding advance directive forms depends upon the facts and circumstances. The propriety is determined by the purpose and the conduct. It would be proper if the lawyer’s or law firm’s purpose is to provide needed public education and pro bono legal services and there is no improper solicitation of legal business. It would be improper if the purpose and modus operandi is in-person solicitation of legal business.

OPINION 2005-8

Issued August 5, 2005

SYLLABUS: In the absence of an express ethical or statutory restriction, a retired judge who engages in the practice of law may also serve as a private judge pursuant to R.C. § 2701.10. To avoid an appearance of impropriety, a retired judge should not practice law in the court in which he or she frequently accepts referrals as a private judge and should not act as a lawyer in any proceeding in which he or she served as a private judge or in any related proceeding.

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8/15/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

Here is the link.

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