directions - Ohio Judicial Conference
Transcription
directions - Ohio Judicial Conference
Fourth Quarter 2011 Directions Retired Judge Mark R. Schweikert Executive Director, Ohio Judicial Conference In 2003 the Ohio Judicial Conference launched its current website www.ohiojudges.org utilizing what was then state of the art technology. Back then only a minimum number of courts and judges were routinely using the Internet. Today many more are using the Internet as a primary resource for research and communications. Additionally, the Internet has become the primary information resource for the public for everything from elementary and high school civics research to pro se legal research support. We now expect that a majority of our member judges, other court and governmental agencies, as well as the public will get their judicial system information from the Internet. Our website provides judges with current information about legislation and case law that have a practical impact in Ohio’s courts, resources for managing judicial work, and a directory of contact information for judicial colleagues around the state. It is a tool that provides the Judicial Conference the ability to instantly communicate important information to everyone that needs it. We have come to rely on the website and email as our most effective communication tools. For some time we have known that our website needed a redesign with new and more robust technology and we are now in the preliminary stages of that process. Some members of the Judicial Conference Court Technology Committee are assisting staff with advice from a user’s perspective. By July you should expect to see a new, more responsive website when you visit www.ohiojudges.org. In the meantime, please continue to visit the current website for the latest news that is affecting Ohio judges and courts, and let us know if there are additional services you would like to see on www.ohiojudges.org. In this issue..... Nonsupport of Dependants..................................13 Judicial Ethics Update on Recommendations/ Endorsements...............................................................2 Ohio Supreme Court New Writing Manual............15 Bridge-ing a Juvenile Court...........................................3 2011 Community Recognition Awards.................18 Sex Offender Assessment & Public Safety .....................6 OJC In Action: Committee News...........................20 Task Force on Criminal Justice & Mental Illness............9 Judicial College Course Schedule..........................21 County Law Libraries.................................................11 Citizen Guide Brochures/Staff Contact List......26-27 Judicial Ethics Update on Recommendations/Endorsements Judge Sheila G. Farmer Ohio Judicial Conference Judicial Ethics & Professionalism Committee The Board of Commissioners on Grievances and Discipline has further refined the judicial recommendation issues in Opinion 2011-3. Although the specific question answered appears to be a discrete distinction, the Opinion discusses the 2009 reference to “abuse” of the prestige of judicial office. Jud.Cond.R.1.3 provides the following: A judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so. This amended rule replaces the language “lends” the prestige of judicial office to “abuse” the prestige of judicial office. The Board defines “abuse” to be “use improperly” or “misuse.” The opinion points out the plain meaning of the term ‘abuse’ “indicates that if the Board finds a use of judicial office to be improper, the use will violate Jud. Cond.R.1.3.” In determining the questions posed, the opinion finds that judicial recommendations or endorsement of candidates for a bar association elected office creates the appearance of impropriety and is prohibited by Jud.Cond.R.1.2. Despite this decision, the opinions affirms previous decisions that a judge may still write recommendations for a lawyer or law student for a specific position because the judge is not favoring or actively promoting one lawyer or student over another. Therefore, recommendations in education, employment, bar admissions, federal judgeship and lawyer specialization are still appropriate and do not violate the Code of Conduct. Jumping the Retirement Hurdle Online Registration Friday, April 27, 2012 Ohio Judicial Center, Columbus SAVE THE DATE! 2012 Ohio Judicial Conference September 13-14, 2012 Hilton Polaris, Columbus Ohio Judicial Conference For the Record | Fourth Quarter 2011 2 These two articles are part of a series related to courts participating in the Supreme Court of Ohio’s Bridges Out of Poverty Project. Working to integrate the concepts delineated in Bridges Out of Poverty into various court programs, the overall goal of this project is to develop model court programs within a continuum to serve as learning sites for Ohio communities. More information on Bridges Out of Poverty and the project will be forthcoming in future editions of For the Record. Bridge-ing A Juvenile Court Administrative Judge Nick Kuntz Chief Deputy Clerk Jennifer A. Petrella Montgomery County Juvenile Court This article’s title is not a typographical error! At an organization of over 400 employees, the Montgomery County Juvenile Court has always been a community of collaboration, fostering new ideas to better serve our families. Likewise, we recognize that the families we serve are not only those who come through our doors for services, but also those who participate in the process as our employees. Becoming a Bridges’ Court has caused us to be more mindful in not only how we interact and plan with our families, but also the relationships and strengths we foster among those we work alongside each and every day. As the judges became more versed in Bridges, it was easy to acknowledge that much of the court’s programming promoted its concepts, just under another name – such as “strength-based planning,” etc. Judge Nick Kuntz and Judge Anthony Capizzi sent staff to attend general training that included Bridges, but then invited Phil DeVol of aha! Process, Inc. to speak to the court leaders in a one-day training session. About a third of the Montgomery County Juvenile Court family attended that day, and since then, another 100+ staff have been trained by their peers. It just proves that the reality of Bridges’ success can come in many forms, not just in private companies or schools, but in courts too! Where better, than a Juvenile Court, to build relationships resulting in respect for families and their decisions, while still holding persons legitimately accountable? How better, to begin building these bridges with staff so that it will be part of their daily practice, in and outside the court house? Bridges - Not a Project, A Way of Life.... The above tells you a bit of how we got started educating those at the Montgomery County Juvenile Court about Bridges Out of Poverty concepts. It also points out that our participation is not just as judges, clerks, secretaries, probation officers, etc. ‘We are a reflection of those we serve’ and the expectation is to be people who demonstrate these practices in our interactions with clients and co-workers. We can only expect respectful collaboration with our public families, if we are respectful to those within our own. Being a Bridges’ Court focuses us to 1) promote respect and build relationships within our organization as well as with community agencies / partners and the people we serve; 2) remove our language barriers; and 3) bring the justice system to those in poverty. Bridges is not training that staff attends, it is the way we do business; and while peer education continues on a monthly basis, Bridges concepts are used in program development and staff services every single day. The Montgomery County Juvenile Court is fortunate to be filled with creative minds on our front lines as well as in the leadership team, but what is even more mind-blowing is that in this group of people, there are persons who are so passionate about this work it continues to grow and disseminate beyond the organization. Ohio Judicial Conference For the Record | Fourth Quarter 2011 3 Continued from previous page... In the mechanics, Bridges is spreading via two tracks. Peer training occurs monthly, where the basics of Bridges are taught along with examples of how the concepts are currently implemented. It is an opportunity for us to be ‘cheerleaders’ talking about our successes, and it has fostered the development of new ideas and champions. On the second track, the Advisory Committee supports in-court training, calendar usage and brings forth information from staff and clients in order to improve service. The Advisory Committee itself is a Bridges triumph! For the first time in the history of the Montgomery County Juvenile Court, a committee was comprised of staff representing every single department, and at least half of its membership is line staff. Proposals are developed, typically simple changes with no cost attached, and these ideas are forwarded to administration for an approval process. Upon approval, they are shared with court leaders through the Directors and Managers meetings, and regular updates are part of both the court and department update bulletins. Court-wide staff participation has sparked ideas from a unified calendar of events (non-court hearings) and a thank you project to customer service surveys and a scholarship program for our youth (in development). In addition to working collaboratively across department lines and with all of our families, some of the information gathering resulted in clarifying language of court brochures and forms for filing. Times for staff work schedules were adapted when times for clients were expanded. With the size of the court and the numerous services we offer, peer training at lunch or through monthly meetings was implemented and has further removed language barriers building upon our interdependence. In training it is stressed that regardless of our role at the court, we are advocates for those in poverty. We accomplish this by being respectful to all who walk through our doors, and by utilizing cooperative and collaborative planning. Our standards are not compromised, and families remain successful. Just as importantly, we find that as the Bridges’ concepts are maintained in our internal processes with staff, the positive outcomes flow-over to our community at large. There is much more work to do, but there is already great work that has been done! Bridge-ing A River ValleyA Juvenile Court Perspective Chief Probation Officer Wes Skeels Mahoning County Juvenile Court The Mahoning County Juvenile Justice Center has been utilizing concepts similar to those of Bridges Out of Poverty long before we had ever even heard of the Bridges’ coined phrase “aha.” The court did have our own “aha” moment, however, when staff became aware of the Bridges Out of Poverty concepts, for at last a name and structure could be attached to the philosophies the Mahoning County Juvenile Justice Center had related to so well. In December of 2009, the Mahoning County Juvenile Justice Center sent a team of staff to Columbus to participate in a Bridges Out of Poverty train-the-trainer program. The four-day intensive training rejuvenated and challenged the Mahoning County Juvenile Justice Center to look deeper into the real issues of poverty. Bridges Out of Poverty explains that there are hidden “rules of poverty,” and by knowing these rules one can become more aware of the culture of poverty. This understanding leads into how to help individuals take on his or her own responsibility, combined with community action, towards the responsibility to end poverty in their own life. Continued on next page... Ohio Judicial Conference For the Record | Fourth Quarter 2011 4 Continued from previous page... After receiving the trainer certification, the team of the Mahoning County Juvenile Justice Center came back and took action by training the entire Mahoning County Juvenile Court, including the detention center and school staffs. Additionally, the Mahoning County Juvenile Justice Center has trained several community partners within Mahoning County. We continue to provide free training to those whom share our vision. The training sessions are hands on and teach service providers the hidden “rules of poverty” and increase awareness of the culture of poverty. These free training sessions are an effort towards our responsibility to help create a community that cares to end poverty. The Mahoning County Juvenile Justice Center did not stop there. Our judge, the Honorable Theresa Dellick, challenged each department to come up with strategies that would help identify obstacles existing within our own Juvenile Court system. Each department held several meetings and came up with ethical internal strategies that would help address the problems of poverty for those interacting with the court. As a result of the challenge, for example, the Probation Department found a way to reduce the number of violations filed against youths by implementing graduated sanctions at review hearings. This has a direct positive impact on the financial burden attached to the families involved with Juvenile Court. For reducing the number of violations filed against the Probationer means the family does not incur more fines and court costs on the official violation. The ideas generated by the meetings also led the Mahoning County Juvenile Justice Center to train several staff as certified counselors for the Ohio Benefits Bank through the Ohio Association of Second Harvest Foodbanks, the state’s largest charitable response to hunger and the lead non-profit agency implementing the Benefit Bank program in Ohio. The creation of this service within the Mahoning County Juvenile Justice Center is a valuable tool to assist fighting hunger and poverty. This process allows individuals in the community to enroll directly for a wide array of benefits while at the Mahoning County Juvenile Justice Center, reducing stress for those in need by linking them to a support system that can help in their day to day lives. The Mahoning County Juvenile Justice Center is also part of a greater Bridges movement through Youngstown State University’s countywide Bridges Out of Poverty steering committee. One action that stands out among the many taken by this committee is a Community Action Poverty Simulation that took place in April of 2011 at the Jewish Community Center in Youngstown. The Community Action Poverty Simulation provided participants with the opportunity to assume the role of a low-income family member living on a limited budget. The experience was divided into four 15-minute sessions, each of which represented one week in which one must provide for the family and maintain the home. One participant commented, “This welfare simulation dramatically demonstrates how much time and energy many families have to give just to survive from day to day. It dispels the myth that, “people would do fine if they would only go out and get a job!” As most people are aware, Youngstown and the entire Mahoning River Valley have experienced economic hardship for a period of time much longer than most areas of the country. Generational poverty creates changes in individuals and communities in ways unlike what most of general public understands. It is difficult for those of us who have not experienced this kind of long-term poverty to truly understand the situations that families actually living it experience every day – the decisions they have to make, and the fears and frustrations they feel. The Mahoning County Juvenile Justice Center will continue to strive to identify the real issues facing our community so that we may be able to continue to implement real solutions. Contribute to For The Record!!! We are always looking for interesting articles to print in For the Record. If you know of a good topic, are willing to write an article, or if you participate in an association, committee, commission or other group covering important information regarding the Ohio or national judicial system, please email Jennie Long at: [email protected] or Jeff Jablonka at: [email protected] to let us know. We will contact you for more information. Ohio Judicial Conference For the Record | Fourth Quarter 2011 5 Sex Offender Assessment and Public Safety: The Importance of Pre-Sentence Investigations David Berenson Dr. Robelyn Marlow Ohio Department of Rehabilitation And Correction- Director of Sex Offender Services Madison Correctional Institute Director- Sex Offender Risk Reduction Center The problem of sexual assault rivets the public’s attention on a daily basis. High profile sexual abuse cases in the media are at the forefront of the public’s awareness, yet they represent only the “tip of the iceberg” of the scope and impact of sexual victimization. Ohio’s sex offender population and the patterns of abuse and victimization of these offenders mirror the national facts and data on sex offenders and their victims. Currently, there are over 19,000 adults registered as sex offenders in Ohio’s communities, and another 10,000 adults incarcerated in Ohio’s prison for sex crimes. We know that most sex offenders are known to their victims, and that an overwhelming majority of victims are females. Nearly one-half of victims are children. The impact of sexual victimization is devastating, with victims and families living in an aftermath of fear, shame and broken relationships. The personal and social consequences of sexual victimization are incalculable. The National Crime Victimization Survey reports that there are over 200,000 victims of sexual abuse each year and 60% of sexual assaults go unreported. It is important to understand that this data and the data on Ohio’s sex offender population refers only to felony level crimes. Each of the 29,000 offenders in Ohio appeared in a court of law and was convicted of a sex crime. The majority of those 29,000 offenders were sentenced to prison for their crimes. Sexual assault is now considered a human rights issue and protection from victimization is considered a basic right of victims. The violation of a person’s sexuality reaches into the depths of his/her psyche and can cause fundamental changes in that person’s understanding of him/herself and relationships with others. In 1995, the American Medical Association declared sexual abuse a “silent-violent epidemic.” The prevention of sexual abuse has become recognized as a critical public health concern. In fact, sexual abuse is a public health problem that is everybody’s business and responsibility. The ultimate goal of dealing with sexual abuse as a public health problem is primary prevention, i.e., how do we prevent the problem from ever occurring? Within a public health framework, we, as criminal justice professionals, are dealing with sexual assault in terms of tertiary prevention. Now that the problem has occurred, how do we prevent it from happening again? That is our job. It is our responsibility to the public and to sexual abuse victims: To do the very best we can to stop known and convicted sex offenders from committing more sex crimes. There will always be the quest to find ways to prevent sexual assault, but we can make a difference by implementing a comprehensive approach to sex offender management that is strategic, victim-centered, and forges collaborative relationships between stakeholders dealing with sex offenders and victims. The core components of this comprehensive approach to sex offender management include: • • • • • Investigation, Prosecution, and Disposition Assessment Treatment Reentry Supervision Continued on next page... Ohio Judicial Conference For the Record | Fourth Quarter 2011 6 Continued from previous page... The Ohio Department of Rehabilitation and Correction (ODRC) is committed to providing specialized treatment to sex offenders, knowing that most incarcerated offenders will be returning to communities throughout Ohio. The highest priorities of this system of sex offender services are public safety and victim protection. As we enter 2012, ODRC is working with the University of Cincinnati Corrections Institute to develop and implement an evidencebased sex offender program that will serve as a model for any prison system in the country. This model is driven by the “principles of effective correctional intervention”, the first of which is the Risk Principle. The Risk Principle is fundamental to any system of comprehensive sex offender management and treatment. This principle dictates that we prioritize treatment resources for offenders who are at a higher risk to reoffend. It only makes sense that we utilize evidence-based programs for those sex offenders who are most likely to commit future sex offenses. As soon as a sex offender enters the prison system we must begin thinking about his risk to reoffend and his reentry into the community. Assessment is a key component in sex offender management. Sex offenders comprise a diverse population and “one size fits all” approaches are not effective in reducing the risk of sexual reoffending. In determining what to do with convicted sex offenders, careful consideration must be given to the risk levels, needs, developmental issues, and functioning levels of these individuals. Well done assessments become the key to informed decision-making. First and foremost, risk assessment instrument(s) must be administered to identify levels of risk to sexually reoffend. This requires an understanding of static, or unchangeable factors in an offender’s history that can help identify risk factors for recidivism over the long term. The Sex Offender Risk Reduction Center (SORRC), at the Madison Correctional Institution in London, OH is ODRC’s sex offender-specific assessment center. All male sex offenders who enter the prison system are transferred from their respective reception centers to SORRC for the purpose of assessment. Between 1,300 and 1,500 male sex offenders are assessed at SORRC each year. The first assessment administered is the STATIC-99, a research derived sex offender risk tool. This is the most widely used and widely replicated actuarial risk scale, both nationally and internationally, that is utilized to determine the probability of sexual and violent recidivism for adult male sex offenders. The STATIC-99 yields four levels of the risk, the top two of which identify sex offenders as moderately high to high risk to recidivate. This is the sex offender population that is designated for more thorough assessment and treatment. The STATIC-99 is ODRC’s first specialized step in determining how to deal with incarcerated sex offenders in fulfilling its mission to promote citizen safety and victim reparation. This is the point at which the Pre-Sentence Investigation (PSI) is of paramount importance. Well constructed and written PSIs provide the information needed to administer and score the STATIC-99. There are ten items in the STATIC-99: • • • • • • Offender’s age: Research indicates that sexual recidivism is more likely in an offender’s early adult years than later in adult years. Single: Research suggests that having a prolonged intimate connection to someone may be a protective barrier against sexual recidivism. Index non-sexual violence: The literature indicates that having a history of violence is a predictive factor for future violence. Some studies found convictions for non-sexual violence to be specifically predictive of rape. Prior non-sexual violence: The basic principle for this item is the same as that for “Index non-sexual violence”. Prior sex offenses: The literature is clear regarding criminal behavior and sexual offending that the best predictor of future behavior is past behavior. Prior sentencing dates: The basic principle for this item is the same as that for “Prior sex offenses”. This item provides a method for coding the length of the criminal record. Ohio Judicial Conference Continued on next page... For the Record | Fourth Quarter 2011 7 Continued from previous page... • • • • Any convictions for non-contact sex offenses: Offenders with deviant sexual interests are at increased risk for sexual recidivism. Examples are exhibitionism, voyeurism, obscene telephone calls, sexual harassment. Any unrelated victims: Research indicates that having victims outside the immediate family is empirically related to a corresponding increase in risk. Any stranger victims: Research shows that having a stranger victim is related to recidivism. Any male victims: Research shows that offenders who have offended against male children or adults recidivate at a higher rate than those who do not have male victims. Having male victims is correlated with measures of sexual deviance. The assessment of these factors provides a total risk score that equates to an overall risk level and probability of sexual reconviction in five, ten, and fifteen years. Sex offenders who score in the top two levels of the risk assessment are scheduled for a comprehensive sex offender assessment which requires information regarding the specifics of the sex offense(s), patterns of offending, victim characteristics and legal history. This assessment provides detailed information and impressions on the risk patterns of higher risk sex offenders that are important to treatment and reentry planning. The following information is needed to complete an effective sex offender assessment at SORRC: • • • • • • • • • • • Each victim’s date of birth and gender (extremely important) When (month, day, year) the sex offense(s) occurred/started and ended Nature of offender’s relationship to the victim(s) Length of time that the offender knew the victim prior to the offense, as well as how they met Exact nature/details of the sex offense, e.g., fondling a specific body part, kissing, cunnilingus, fellatio, anal sex, digital-vaginal penetration, penile-vaginal penetration Frequency of the offending behavior What the offender said to the victim(s) during each contact The use of threats, weapons, bribes, drugs/alcohol, or physical force during the offense Legal history (including dispositions) for every offense. Specific details of prior offenses (including those dismissed) and violent offenses. Timeline for sex offenses and circumstances of how the offense(s) was discovered and reported. Any additional reports, e.g., forensic, clinical, school, juvenile, county jail. Sex offender assessment provides direction for those key decision points that comprise a comprehensive system of sex offender management. ODRC, as a major stakeholder in that system, is committed to providing evidencebased sex offender services to promote public safety and victim protection. Collaboration with other key stakeholders is critical to the effectiveness of planning for the reentry of higher risk sex offenders being released into Ohio’s communities. The effectiveness of this planning requires high-quality assessments, and high quality assessments require the requisite information to develop accurate impressions and formulations. The best way to get this information is from Pre-Sentence Investigations that are written with an understanding of sex offender risk factors. Keep up to date with the latest news affecting Ohio Ohio Courts by visiting our website! Judges and CLICK HERE Ohio Judicial Conference For the Record | Fourth Quarter 2011 8 Justice Stratton and Attorney General DeWine Co-Chair Expanded Task Force on Criminal Justice and Mental Illness On November 16, 2011, Ohio Supreme Court Justice Evelyn Lundberg Stratton and Attorney General Mike DeWine announced that the Advisory Committee on Mental Illness and the Courts (ACMIC) would evolve into the Attorney General’s Task Force on Criminal Justice and Mental Illness, allowing the group to expand into areas beyond the court system. The new task force is being co-chaired by Justice Stratton and Attorney General DeWine, and had its first meeting December 12, 2011 at the Ohio Supreme Court. In their press release, both parties discussed their new partnership. “I am pleased to be partnering with Attorney General DeWine to broaden the mission of the task force beyond the court system. We have accomplished much in the past 10 years, but I believe this expansion will take our mission to a new level,” said Justice Stratton. “I have worked with Justice Stratton for a long time on the issue of mental health and the courts and look forward to tackling the issues of mental health and the criminal justice system on a broader level,” added Attorney General DeWine. Founded in 2001, ACMIC was initially tasked with developing solutions for the revolving door issue of persons with mental illness trapped in the criminal justice system. In the past 10 years, the group has helped establish 37 mental health courts, promoted the training of 4,580 CIT law enforcement officers in 76 of 88 counties, made recommendations for changes to Medicaid, and advocated for a new Juvenile Competency Statute. At the December 12, 2011 meeting, the Task Force was briefed on “sequential intercept mapping,” a process of identifying likely points of interaction in the community with those affected by mental illness and determining whether appropriate intervention resources are in place at those points. In addition, the Task Force was briefed on the efforts of the Attorney General’s office to combat drug abuse. Senior Assistant Attorney General Aaron Haslam spoke about the Attorney General’s Drug Task Force focusing on Ohio’s prescription drug abuse epidemic, which includes a multifaceted approach around investigating and prosecuting crimes involving prescription drugs. In addition, he spoke about the awareness, education, and prevention initiatives Attorney General DeWine has implemented since taking office. To further the work of the Task Force, ten subcommittees were charged with establishing goals and “doable projects.” “We want to be action-oriented and are encouraging our sub-committees to create an agenda that can solve problems related to mental illness and criminal justice in their subject area, using the combined force of the Attorney General and the justice system partners,” said Justice Stratton. The subcommittees and co-chairs established are: Mental Health & the Courts Debbie Nixon Hughes, Deputy Director, Ohio Department of Mental Health Judge Patrick N. Harris, Fairfield Municipal Court Diversion & Re-Entry Teresa Moorman-Jamison, Chief, Ohio Department of Mental Health, Office of Forensic Services Dr. Robert Hammond, Chief, Bureau of Mental Health Services, Ohio Department of Rehabilitation and Correction Juvenile Justice Judge Stephen D. Michael, Jackson County Juvenile Court Melinda Sykes, Director, Children’s Initiatives, Ohio Attorney General’s Office Continued on next page... Ohio Judicial Conference For the Record | Fourth Quarter 2011 9 Continued from previous page... Research and Best Practices Dr. Lisa Shoaf, Researcher, Office of Criminal Justice Services Justin Hykes, Assistant Attorney General, Ohio Attorney General’s Office Law Enforcement Amy O’Grady, Deputy Director of Professional Standards, OPOTC, Ohio Attorney General’s Office Lt. Mike Woody, President, Crisis Intervention Team, Ohio Criminal Justice Coordinating Center of Excellence Housing Sally Luken, Director, Corporation for Supportive Housing Doug Garver, Executive Director, Ohio Housing Finance Authority Psychiatry and Treatment Dr. Stephen Pariser, Professor, Department of Psychology, OSU College of Medicine Sandy Stephensen, Executive Director, Southeast Inc. Veterans Courts and Military Affairs Judge Robert P. Milich, Youngstown Municipal Veterans Treatment Court Tammy Puff, North Central Ohio Regional Director and Director of Veteran’s Outreach, Ohio Attorney General’s Office Policy and Legislation Betsy Johnson, Associate Executive Director, National Alliance on Mental Illness of Ohio (NAMI Ohio) Scott Corbitt, Policy and Legislative Director, Ohio Attorney General’s Office Kristin Strobel (alternate), Legislative Liaison, Ohio Attorney General’s Office Aging Judge Kenneth J. Spicer, Delaware County Probate/Juvenile Court Mark Molea, Chief, Strategic Partnerships and Stakeholder Relations, Ohio Department of Aging For more information about the Task Force or to get involved, contact: Amy O’Grady, Deputy Director of Professional Standards, OPOTC, Office of Ohio Attorney General Mike DeWine, (740) 845-2683, Amy.O’[email protected]. Ohio Judicial Conference Court Technology Conference Register Online Here! May 8, 2012 - Crowne Plaza North, Columbus A conference for judges, clerks, court administrators, IT managers,secretaries, bailiffs, prosecutors, probation staff, law enforcement -anyone who works with or is interested in court system technology Ohio Judicial Conference For the Record | Fourth Quarter 2011 10 Statewide Consortium of County Law Library Rescources Boards Judge Charles A. Schneider, Consortium Chair Franklin Co. Common Pleas Court The purpose of this report is to advise the appointing authorities of the status and progress of the Consortium of the county law library resources boards. Pursuant to R.C. 3375.481 a statewide consortium of county law library resources boards was created. The initial appointments to the Consortium were effective on July 1, 2010. ORGANIZATION The first meeting of the Consortium was held on August 16, 2010. At the initial meeting, officers were elected, and an Advisory Council was appointed as authorized by law. The balance of 2010 was devoted to organizational responsibilities. This was not an easy task as the Consortium was effectively creating a statewide agency where none existed. The first order of business was to contact the Office of the Attorney General for representation. Assistant Attorney General Jennifer Croskey was assigned as the Consortium’s counsel. She has become a very important part of the Consortium’s operation. The next goal was to establish a financial account. The Consortium Board decided that it did not want to be its own fiscal agent. The Supreme Court of Ohio was contacted for assistance. A Memorandum of Understanding was executed with the Court to serve as the Consortium’s fiscal agent. In additional to serving as the Consortium’s fiscalagent, the Court has provided office space. Being able to use the Justice Center added immediate status and credibility. Steven Hollon, Administrative Director of the Court, and Jo Ellen Cline, the Court’s Legislative Counsel, has been very helpful especially with setting up a budget and working with the Office of Budget and Management. The next big step was staffing. It was agreed that the statutory obligations of the Consortium could not be accomplished with volunteers. However, the Consortium could not afford, nor did it need, a full time director. It was decided to hire a part time director. It was very important that this person have a background in library science. Equally important, this person had to be familiar with the current system and have the confidence of the current county law librarians with whom the Consortium would be working. In addition, the Consortium did not want to hire an employee. However, given the amount of supervision and direction that would be required between the Consortium Board and its executive director, a contract agreement would not work. The Consortium was able to satisfy all of the foregoing requirements pursuant to a Request for Proposal. A Memorandum of Understanding was executed with the Lake County Law Library Recourses Board for services to be provided by its librarian, Angela Baldree. The Consortium agreed to reimburse the Lake County LLRB for the actual hours Ms. Baldree devotes to the Consortium. Ms. Baldree is a very experienced librarian who is well- known and trusted by the other county law librarians. Ms. Baldree was very active in the legislative process creating the current system. Consequently she is very familiar with the concerns of the librarians and county boards that were expressed during the transition from a series of private associations to the new system of public law library resources boards. It is anticipated that the annual cost to the Consortium will be about $26,000.00 during 2012. Continued on next page... Ohio Judicial Conference For the Record | Fourth Quarter 2011 11 Continued from previous page... Each of the county law library resources boards are required by R.C. 3375.481(E) to deposit with the Consortium two per cent of the statutory funds it received the prior year. The deposit was required to be made by February 15, 2011. To date just over $300,000.00 has been deposited. Twelve counties have not made the required contribution. The counties that have not contributed are smaller counties and will not significantly impact the mission of the Consortium. Ms. Baldree will continue to work with the LLRBs that have not made the required contribution. ACCOMPLISHMENTS TO DATE The Consortium’s biggest challenge is to convince the local LLRBs that it will get more back from the Consortium than it pays to the Consortium in dues. This is no small challenge. The Consortium is well under way to accomplish this goal. A large-scale survey was conducted of the LLRBs to determine the extent of their collections, the vendors from whom they purchase legal research materials, and the prices they pay. This information was necessary and very valuable to provide the material that is most used and at the best price. Ms. Baldree has already started to visit each of the 88 LLRBs. During these visits, in addition to the local librarian, she invites the local board members as well as the county commissioners. The meetings have gone very well. The Consortium has received positive feedback not only from Ms. Baldree, but from those who have participated in the visits. The goal is to visit each of the state’s LLRBs. The Consortium’s most recent meeting on October 19, 2011 was held in cooperation with the Ohio Regional Association of Law Libraries in Cincinnati. This facilitates an opportunity for the Consortium to advise the librarians of its activities and to engage in constructive dialogue with its members. At this meeting the Consortium Board approved the purchase of a set of legal publications from Mathew Bender for each of the state’s LLRBs. Ms. Baldree negotiated the contract which was at a substantial discount if members were purchasing the same collection. Each LLRB will receive the same collection. The initial cost to the Consortium will be $100,000.00. Further, Ms. Baldree was able to negotiate a deal that if any LLRB wanted to purchase additional copies from the collection they would receive the same discount that the Consortium receives. This purchase represents a distribution of approximately one-third of the Consortium’s receipts to date. It is important that the LLRBs see that the Consortium is actively distributing its receipts back to its members. This distribution is especially helpful to the smaller library which was one of the goals of the legislation. One librarian from a very small library reported that the value of this one distribution exceeds the amount that it has paid in dues. Ms. Baldree also negotiated with an online database (EBSCO’s Legal Information Reference Center) to allow county law libraries to purchase the service through the Consortium, again at a substantial discount. This particular online database is especially useful for pro se litigants. At the October meeting the Consortium Board voted to set aside $50,000.00 for grant applications to help local law libraries in the areas of staff training, programming for patrons, technology or multi-county collaboration. The grant schedule provides for the awards to be made in the first quarter of 2012. The Consortium Board and Angela Baldree, with the assistance of the Advisory Council and Jennifer Croskey, have made significant strides in accomplishing what was intended when it was created less than a year ago. Ohio Judicial Conference For the Record | Fourth Quarter 2011 12 Nonsupport of Dependants Julie Frey, Director Adult Probation Department Clermont County Common Pleas Court In an effort to address the problems and barriers of those on community control for Nonsupport of Dependants, in May 2005, the Clermont County Common Pleas Court Adult Probation Department entered into a contract with the Clermont County Child Support Enforcement Agency (CSEA) to establish two specialized probation officer positions. Since that time, the Clermont County Adult Probation Department has dedicated two specialized probation officers whose duties include the following: conduct all presentence investigation reports on offenders convicted of Nonsupport of Dependants, supervise and provide case management services to all persons placed on community control for Nonsupport of Dependants and develop case plans with nonsupport probationers to address individual criminogenic needs related to failing to pay child support. Both nonsupport probation officers work closely with the Clermont County CSEA special investigators. The CSEA special investigators provide the necessary information for effective and detailed presentence investigation reports and the necessary information regarding payments toward child support throughout the course of an offender’s supervision period. In 2007 the Adult Probation Department developed the Success Through Employment Program (STEP) which entailed the creation of a new position that is a cross between a probation officer and an employment coach. We called this position the employment specialist. In 2009 a second employment specialist was added. The nonsupport probation officers also work closely with the Probation Department’s employment specialists to help offenders develop job seeking skills and obtain employment. The employment specialists’ offices are not at the Common Pleas Courthouse where the rest of the Probation Department is located, but at Workforce One (WF1) of Clermont County where there is quick and easy access to a number of services to help break through common barriers of the unemployed/underemployed. The following services are also located at WF1: GED classes, Ohio DJFS, Veteran’s Administration Intensive Services program, a Mature Services representative, the Bureau of Vocational Rehabilitation, LifePoint Solutions, and many other services. This is extremely beneficial to those who experience the barrier of lack of transportation. This office location also provides probationers with access to computers for job searching and resume development. A clothing closet located at WF1 provides proper attire for interviews. Employment specialists of STEP do not provide cookie cutter employment services; they take a person-centered approach and develop individualized plans with our nonsupport offenders to address their personal needs/barriers. The employment specialists frequently venture out into the community to meet the nonsupport probationers in their own neighborhoods; they are often at the other area One Stop employment locations to meet with offenders living in areas outside of Clermont County. For example, if transportation is an obstacle, it does not make sense to place an offender living in downtown Cincinnati, Ohio with an employer in Milford, Ohio who is 20 miles away. The employment specialists of STEP also transport probationers to job and career fairs and to job interviews. Continued on next page... Ohio Judicial Conference For the Record | Fourth Quarter 2011 13 Continued from previous page... After interviews, the employment specialists often make follow-up contacts with employers on the probationer’s behalf. Once an individual secures employment, the employment specialists keep in contact with the probationer and the employer for three months to help the probationer sustain the new job. Lastly, the employment specialists of STEP seek out employers in the surrounding communities who are willing to hire felony offenders. They work with employers to develop on-the-job training contracts to allow the probationer to receive hands-on training while the employer can evaluate a potential employee who would normally be overlooked due to the felony record. The employment specialists strive to maintain a good relationship with these employers for future placements. In order to help nonsupport probationers develop marketable skills, they are frequently placed in short term training programs such as fork lift certification, welding certification, computer training, and restaurant training. We strive to help our probationers obtain skills which will improve their resumes and make them more marketable for meaningful employment. SAVE THE DATES! Ohio Judicial Conference Events: 2012 Judicial-Legislative Exchange Program March 21, 2012, Columbus 2012 Jumping the Retirement Hurdle Register Online April 27 Ohio Judicial Center, Columbus 2012 Court Technology Conference May 8 Crowne Plaza North, Columbus Ohio Associations of Probate/Domestic Relations/Juvenile Judges 2012 Combined Summer Conference June 4-7 Bertram Inn, Aurora Ohio Courts of Appeals Judges Association 2012 Summer Conference June 14-15 Cherry Valley Lodge, Newark Ohio Common Pleas Judges Association 2012 Summer Conference June 20-22 Kalahari Resort & Conference Center, Sandusky Association of Municipal/County Judges of Ohio 2012 Summer Conference July 16-18 Cherry Valley Lodge, Newark Ohio Judicial Conference For the Record | Fourth Quarter 2011 14 Introducing the Supreme Court New Writing Manual of Ohio’s Justice Judith Ann Lanzinger, Chair Supreme Court of Ohio Style Manual Committee This article originally appeared in Ohio Lawyer Magazine, © Ohio State Bar Association, 2012 The Supreme Court of Ohio’s Writing Manual: A Guide to Citations, Style, and Judicial Opinion Writing took effect on January 1, 2012. Available on the court’s website (www.supremecourt.ohio.gov), the manual is published by the Supreme Court for its own use in preparing opinions for publication. Use of the writing manual is not mandatory for those outside the court, but is designed to be useful to those who write judicial opinions or draft documents for filing with the court. Chief Justice Thomas J. Moyer created the Supreme Court of Ohio Style Manual Committee in 2008, and as chair I have served along with eight other committee members: Justice Terrence O’Donnell, Judge Judith L. French of the 10th District Court of Appeals, Ralph Preston and Sandra Grosko, the retired and current Supreme Court reporters, Mary Beth Beazley, professor and director of legal writing at the Moritz College of Law, C. Michael Walsh, admin istrator of the 9th District Court of Appeals, Steve Hollon, the court’s administrative director, and Arthur J. Marziale Jr., director of legal resources. Pam Wynsen and John Van Norman, Supreme Court staff members, volunteered valuable assistance by offering their exceptional editing and formatting skills. The committee met regularly for more than three years. During initial meetings, the group focused on the specific task of creating an internal document solely for the Supreme Court, but after several meetings it became apparent that a manual could also be helpful to other judges and lawyers. After first reviewing the earlier Ohio citation manuals published in 1985, 1992, and 2002 and researching the existing writing manuals of other state supreme courts, the committee decided to create a three-part writing manual covering citations (Part I), style (Part II), and examples of judicial opinions (Part III). The completed manual exceeds 150 pages. A quick overview shows that the manual contains both a table of contents and an index for ready reference. Each of the three parts begins with an introduction and is divided further into sections based upon topic. Each section contains examples to illustrate the principles described. Part I. Manual of Citations Six sections within this part set forth rules for the forms of citation for cases (Section One), constitutions (Section Two), statutes and ordinances (Section Three), other rules and regulations (Section Four), secondary sources (Section Five) and miscellaneous citations (Section Six). The case-citation section begins by first explaining the significance of May 1, 2002. Beginning on that date, the Supreme Court’s website became the repository of all opinions of the Supreme Court, the courts of appeals, and the Court of Claims, as well as selected opinions of the state’s trial courts. Since that time, each opinion posted to the Supreme Court’s website has been assigned its own unique number or “WebCite.” The WebCite is composed of three elements: the year of decision, the word “Ohio,” and a number unique to that opinion, e.g., 2003-Ohio-1234. Cases that have a WebCite will always have it as a portion of the citation, whether the case is also published in print (printpublished) or not. Continued on next page... Ohio Judicial Conference For the Record | Fourth Quarter 2011 15 Continued from previous page... The manual also covers Internet citations. An earlier version of the writing manual used only Westlaw citations in the examples of cases that were not print-published. We have now clarified that Lexis may also be used appropriately and that “electronic legal-research citations” are acceptable when opinions are not print-published. Lexis examples are now also included, along with those of Westlaw. The most helpful portion of the citation part of the manual may be the last two pages in Section One, “Ohio Citations at a Glance.” The examples cover the distinction between cases before and after May 1, 2002. For cases decided before May 1, 2002, the cases are cited with the date at the end. Supreme Court case: Lorain Cty. Bar Assn. v. Kennedy, 95 Ohio St.3d 116, 766 N.E.2d 151 (2002). Court of appeals case (cited with the district and date at the end): State v. Johnson, 134 Ohio App.3d 586, 591, 731 N.E.2d 1149 (1st Dist.1999). Trial court case: Moscow v. Moscow Village Council, 29 Ohio Misc.2d 15, 504 N.E.2d 1227 (C.P.1984). For cases decided on or after May 1, 2002, there is no need to add a date at the end unless there is no Web Cite. Paragraph numbers instead of pages are pinpointed. Supreme Court (with pinpoint paragraph) : Bonacorsi v. Wheeling & Lake Erie Ry. Co., 95 Ohio St.3d 314, 2002-Ohio-2220, 767 N.E.2d 707, ¶ 15. Court of appeals (cited with district at end): Swartzenruber v. Orville Grace Brethren Church, 163 Ohio App.3d 96, 2005-Ohio-4264, 836 N.E.2d 619, ¶ 5 (9th Dist.). Trial court (WebCite unavailable): Kantos v. Lopez, Franklin C.P. No. CV-00-024671 (Aug. 6, 2002). In summary, the most notable citation changes are (1) the date of a judicial opinion will appear at the end of the citation, (2) the district rather than the county and the date will appear in parentheses at the end of a court of appeals’ citation if it is not published in print, (3) Ohio case citations will no longer refer to Ohio Bar Reports (OBR) or Ohio Opinions (O.O., O.O.2d, O.O.3d), (4) the Ohio Constitution will now be cited Article IV, Section 11 rather than Section 11, Article IV, (5) federal circuits will be identified as 6th Cir. instead of C.A.6, and (6) federal statutes will be cited using 42 U.S.C. 1982 instead of Section 1982, Title 42, U.S.Code. These changes minimize idiosyncrasies in Ohio’s former citation style and still provide sufficient information to allow accurate retrieval of an authority on which the author relied. The remainder of Part I covers matters such as the short-form citations, acronyms, and abbreviations. Signals (accord, compare, see, etc.) will be italicized. As noted earlier, Part I sets forth the citation form that will be used by the Supreme Court. Those preparing document for filing in the court should follow Part I the manual of citations. Conformance to another generally recognized citation manual, however, will still be acceptable. Part II. Style Guide Where the first part of the manual concerning citations is in great part a revision of earlier versions, the second and third parts were written to create a comprehensive Supreme Court writing manual. The second part of the manual, the Style Guide, sets forth standard guidelines for formal English writing. The style guide attempts to assist the writer with common grammatical conventions. When more than one correct standard or practice exists, one alternative has been chosen for the sake of uniformity. Continued on next page... Ohio Judicial Conference For the Record | Fourth Quarter 2011 16 Continued from previous page... The ten sections are arranged by topic and include direction on capitalization (Section Seven), dates in texts (Section Eight), use of numbers (Section Nine), punctuation (Section Ten), footnotes (Section Eleven), italics (Section Twelve), acronyms, abbreviations, and parenthetical references (Section Thirteen), case captions (Section Fourteen), and headings (Section Fifteen). The last section in this part lists more than 50 commonly misused words and phrases (Section Sixteen). Certain stylistic choices have been made. Block quotations are now to be used when the text is longer than four lines. Footnotes are generally disfavored, headings within longer opinions are encouraged, and acronyms and abbreviations are not to be overused. Juveniles are not to be identified by their full names to protect their privacy. Section Fourteen on case captions will be particularly helpful in maintaining technical accuracy in complex cases. The style guide makes no attempt to be comprehensive. For rules of punctuation, grammar, diction, hyphenation, and usage that are not covered by this second part of the writing manual, the court follows conventions of standard English and relies in particular on The Chicago Manual of Style (15th Ed.2003); Sabin, The Gregg Reference Manual (9th Ed.2001); Johnson, The Handbook of Good English (Rev.Ed.1991); Garner, A Dictionary of Modern Legal Usage (1995); and Strunk & White, The Elements of Style (4th Ed.2000). Subjects covered include capitalization, punctuation, use of footnotes, headings, and captions. Part III. Structure of a Judicial Opinion The third part of the manual contains the last five sections and also is not intended to be prescriptive, but to simply offer several examples of how an Ohio Supreme Court opinion might be organized. As a guide intended to assist writers of judicial opinions, it offers an outline setting forth the basic components of an opinion in the traditional sequence, followed by several examples written in the court’s style. This part is offered as a guide to organizing a straightforward judicial opinion. First, it addresses the subject of authorial discretion (Section Seventeen). Next, it sets forth the basic components and subcomponents of an opinion, arranged in the traditional sequence (Section Eighteen). It then presents three examples of fictitious Supreme Court opinions, two civil and one criminal, whose structure follows the outline (Section Nineteen). All three cases are arranged as they would appear in the Ohio Official Reports, except that marginal notes have been added to identify outline elements and explain certain points. Section Twenty discusses the need for precise dispositional language, with examples of various dispositions. Finally, Section Twenty-One considers the topic of separate opinions. Because there are many ways to write a good judicial opinion, the guide is meant to provide a basic model that can be easily followed and adapted for a variety of cases with single or multiple issues. The principles illustrated in this third part of the manual can also be adapted for other legal writing. The reader will always benefit from a logical presentation organized through headings and subheadings and by issues clearly introduced and summarized. Although this new manual is officially for the Supreme Court, we welcome its adoption by other courts. The court intends to update the manual periodically and to ensure that the latest version will always be available at the court’s website (www.supremecourt.ohio.gov). Look for the icon labeled “Writing Manual” on the right-hand column of the court’s home page. If you have any comments on the Writing Manual, please contact the Reporter’s Office at the Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215-3431. Telephone: 614.387.9580, toll-free at 1.800.826.9010. E-mail: [email protected]. Ohio Judicial Conference For the Record | Fourth Quarter 2011 17 2011 Community Recognition Awards Harvey J. Reed, Director Ohio Department of Youth Services In partnership with the Ohio Association of Juvenile Court Judges and the Governor’s Council on Juvenile Justice, the Ohio Department of Youth Services (DYS) presented the Third Annual Community Recognition Awards on December 1, 2011. The presentation highlighted youth who have done an outstanding job of turning their lives around and recognized community partners for providing valuable services to youth. In August 2011, DYS began the call for nominations for the awards, and agencies from all over the state responded with recommendations of many successful youth and notable community programs. A committee composed of judges and staff, children’s advocacy groups and DYS reviewed the nominations and had the challenging task of narrowing the selections to be highlighted at the presentation. Five deserving programs and six exemplary youth were selected. The Linda Modry Young Woman of Achievement Award is given in honor of Linda Modry, who retired in 2011 as Deputy Director of Parole and Community Services at DYS. Throughout her career, Linda was passionate about seeing youth, especially young women, succeed. She was a key to the agency creating and preserving collaborative relationships with juvenile courts and community programs. Linda was present at the event and received a plaque acknowledging the presentation of an annual award in her honor. Director Reed and the providers of ArtWorks 2011 honor Bethany, a youth participant in the “Absence Trua youth during the 2011 Community Recognition Awards ancy Tardy Elimination Now Docket” (ATTEND), part of the Warren County Juvenile Court, was presented with the Linda Modry Young Woman of Achievement Award. With support from ATTEND, Bethany has made significant changes in her life and is on the path to high school graduation. In addition, Bethany is doing a fine job raising her young child as a single mother. The J. Thomas Mullen Achievement Award is given in memory of Tom Mullen, who served as the second Director of DYS, President and CEO of Catholic Charities of Northeast Ohio and Chair of the Governor’s Council on Juvenile Justice. Throughout his career, Mr. Mullen showed tireless dedication to Ohio’s youth. The Lorain County Juvenile Drug Court was presented with the J. Thomas Mullen Achievement Award. This program uses a therapeutic and strengths-based approach to assist juveniles who have been adjudicated delinquent and struggle with substance abuse. Youth receive access to treatment and services, and the drug court stresses the importance of parental involvement as well as academic performance. Antonio, a youth participant of the Lorain County Juvenile Drug Court, was presented with the J. Thomas Mullen Achievement Award. This young man has worked hard to get his life back on track. With support from his family, he graduated from Lifeskills in June 2011, earning two scholarships to the Lorain County Community College, where he is now taking classes. Antonio is working at a local factory, seven days a week, in addition to being a student. Continued on next page... Ohio Judicial Conference For the Record | Fourth Quarter 2011 18 Continued from previous page... The Thomas J. Stickrath Reentry Award is given in honor of Tom Stickrath, former Director of DYS and current Director of the Ohio Bureau of Criminal Investigation. From his time as Assistant Director of the Department of Rehabilitation and Correction to his years at DYS and today, Director Stickrath has been passionate about promoting successful reentry for youth and adults, reducing recidivism and enhancing public safety. The Muskingum County Juvenile Court Reentry Initiative was the recipient of the Thomas J. Stickrath Reentry Award for 2011. The Reentry Initiative uses a transitional plan to incorporate community protection as well as the juvenile’s competency and accountability through counseling services, routine surveillance checks, employment preparation and education monitoring for youth. Since its inception in 2007, a total of 28 youth have already successfully completed the program, and 27 participants have earned high school diplomas and/or GEDs. Lance, a youth participant in the Muskingum County Juvenile Court Reentry Initiative was honored with the Thomas J. Stickrath Reentry Award. This young man was headed on the wrong path and became involved with the Muskingum County Juvenile Court. With support from his mother, he embraced the programming offered by the Perry Multi County Juvenile Facility and the Reentry Initiative. Lance is now working and on track to graduate from John Glenn High School in 2013. He is working closely with his employer to learn and develop his skills and plans to go to college to pursue a degree in business development. The Community Award is an honor presented to an outstanding youth and community program. Recipients are selected based on the youth benefit from the program and the youth’s accomplishments. A total of 3 Community Awards are presented. Directions for Youth and Families received a Community Award. Based in Columbus, the Directions for Youth and Families program assists families and young people to help them identify strengths and learn new skills that lead to healthier decision making. With the ultimate goal to achieve success in their lives, families and youth work with staff to address many issues including violence, substance abuse, teen pregnancy, delinquency and abuse. “Directions” programs are offered in homes, schools, and community centers. Directions for Youth and Families has a counseling program that has helped thousands of youth and their families avoid the cycle of the juvenile justice system and put kids on the track to success. Joshua, a youth participant of Directions for Youth and Families, was presented with a Community Award. At one time Joshua was struggling with school behavior and academics and also faced criminal charges. This young man was referred to Directions for Youth and Families to work on anger management and to learn to make better decisions and improve his school performance. Joshua applied himself, improved his grades significantly, turned his conduct around and has faced no probation violations or new charges. Joshua even was eligible to play some football and received a little playing time on the varsity team as a freshman at Walnut Ridge High School. Building Bridges, located in Dayton, also received a Community Award. This program is an intensive rehabilitation program that serves hundreds of at-risk youth and their families every year. The program seeks to provide a safety net for youth involved with the court and children’s services that offer discipline, structure and skills in settings including a group home, work therapy groups, educational programs, recreational groups, sports teams, social gatherings and summer trips. Last year, over 75% of all court-involved youth who were involved in the Building Bridges Work Therapy group successfully completed their probation supervision while gaining self-confidence, self esteem, social skills and improved family relationships. A highly successful participant of Building Bridges, Decapolis, was honored with a Community Award. Decapolis has had to overcome much adversity including the loss of both parents; foster care placement; and separation from his siblings. This young man was supported at the Building Bridges Group Home, and he has displayed much resiliency. Decapolis was awarded admission into Central State University where he is currently a freshman. Continued on next page... Ohio Judicial Conference For the Record | Fourth Quarter 2011 19 Continued from previous page... The Director’s Award is the highest honor presented to a youth and community program. The DYS director is privileged to select the recipients based on the youth benefit from the program and the youth’s accomplishments. The Director’s Award was presented to Artworks 2011, a program with the Young Audiences of Northeast Ohio, which enriches the lives of children and promotes creative learning by uniting arts and education. This workplace development program utilizes the power of the arts to transform the lives of Northeast Ohio adolescents. For six summer weeks, youth from diverse socio-economic backgrounds serve as paid apprentices to professional artists and gain arts and employment skills to succeed in the classroom, in the 21st century workplace and in life. The program provides an irreplaceable outlet for students who come from environments that put them at risk for delinquent behavior. Since its inception in 2005, more than 600 teens have participated. Sebrina is the youth recipient of the Director’s Award. Sebrina had significant family challenges, associated with the wrong crowd, and found herself in trouble before becoming an ArtWorks 2011 ceramics apprentice. She applied to ArtWorks because art was her refuge – the only place she really felt comfortable. During the six-week program, Sebrina demonstrated continuous improvement and became “an asset to the workplace.” Sebrina is currently completing her senior year and plans to attend college after she graduates. Not only did ArtWorks improve her skills as a young artist, it gave her training in workplace behavior and preparation for pursuing her professional goals and reaching her full potential. Congratulations to all of the nominees and award winners! The Community Recognition Awards provide an exciting forum to celebrate youth successes and thank staff for a job well-done. OJC In Action - Committee News We For serve Ohio’s judges, and we serve best when information about the OJC Ohio’s judges are involved standing committees, click on the name of the committee and it will take you to the committee page on the OJC website. If you would like to be involved please call or email; our phone numbers and email addresses are shown on page 27. Alternative Dispute Resolution Judicial Compensation & Benefits Magistrates Civil Law & Procedure Judicial Education Probate Law & Procedure Community Corrections Judicial Ethics & Professionalism Court Administration Ohio Jury Instructions Public Confidence & Community Outreach Court Technology Jury Service Publications Criminal Law & Procedure Juvenile Law & Procedure Retired Judges Domestic Relations Law & Procedure Legislative Specialized Dockets Ohio Judicial Conference For the Record | Fourth Quarter 2011 20 SUPREME COURT OF OHIO JUDICIAL COLLEGE COURSE SCHEDULE (for Judges, Magistrates, Acting Judges, Court Personnel, & Judicial Candidates) DATE COURSE March 2012 FOR LOCATION 7-9 Wed - Fri Probation Officer Academy (Module 1) Probation Officers OPOTA - London 8 Thu Guardian Ad Litem 6 hr Pre-Service (3 of 12) Attorneys Hilton Akron/Fairlawn 14 - 16 Wed - Fri New Magistrate Orientation Magistrates Crowne Plaza North – Columbus 15 - 16 Thu - Fri Abuse, Neglect & Dependency 101 Judges & Magistrates Columbus 16 Fri Jury Trial Skills Judges Crowne Plaza Dublin Columbus 21 Wed Guardian Ad Litem 3 Hr Course (5 of 24) (1:00 p.m. 4:30 p.m.) Attorneys Mohican State Park - Perrysville 21 - 22 Wed - Thu Court Executive Team Seminar Court Personnel, Judges & Magistrates Doubletree Worthington Columbus 22 Thu Guardian Ad Litem 3 Hr Course (6 of 24) (8:30 a.m. noon) Attorneys Mohican State Park - Perrysville 23 Fri New Americans Court Personnel, Judges & Magistrates Columbus 28 - 30 Wed - Fri CMP 2012 Module V: Managing Technology Projects and Technology Resources CMP Participants Embassy Suites Airport Columbus 30 Municipal: DUS Epidemic Magistrates, Judges & Acting Judges Video Teleconference Fri April 2012 4 Wed Guardian Ad Litem 6 Hr Pre-Service Course (4 of 12) Attorneys Quest Conf. Center (Columbus) 4 Wed Performance Management (1 of 2) Probation Officers Quest Conf. Center (Columbus) 5 Thu Performance Management (2 of 2) Probation Officers Quest Conf. Center (Columbus) 10 - 11 Tue - Wed PO Academy: What Works Probation Officers OPOTA - London 12 PO Academy Basic Defensive Tactics (1 of 2) Probation Officers OPOTA - London 12 - 13 Thu - Fri Certified Court Managers Course Court Managers Columbus 13 Fri Acting Judge Course (1 of 4): Avoiding Potential Minefields Magistrates, Judges & Acting Judges Holiday Inn Fairborn - Dayton 13 Fri Domestic Relations Spring Seminar Judges & Magistrates Embassy Suites Dublin Columbus 13 Fri PO Academy Advanced Defensive Tactics (1 of 2) Probation Officers OPOTA - London 16 - 20 Mon - Fri New Judge Orientation Part II New Judges Embassy Suites Airport Columbus 17 Tue Guardian Ad Litem 3 Hr Course (7 of 24) (1:00 p.m. 4:30 p.m.) Attorneys Shawnee State Park Portsmouth 18 Wed Guardian Ad Litem 3 Hr Course (8 of 24) (8:30 a.m. noon) Attorneys Shawnee State Park Portsmouth CMP 2014 Module I: Managing Court Financial Resources CMP Participants Embassy Suites - Columbus Thu 18 - 20 Wed - Fri Ohio Judicial Conference For the Record | Fourth Quarter 2011 21 25 Wed 25 - 27 Wed - Fri May 2012 Jury Managers Course Court Personnel Columbus Ohio Association of Magistrates (OAM) Spring Conference Magistrates* Cherry Valley Lodge - Newark 3 Thu Guardian Ad Litem 6 Hr Pre-Service Course (5 of 12) Attorneys Holiday Inn French Quarter Perrysburg - Toledo 3-4 Thu - Fri Capital Cases Judges Embassy Suites Dublin Columbus 4 Fri Sex Offender Course Probation Officers Quest Conference Center Columbus 7 - 11 Mon - Fri PO Academy Firearms Module Probation Officers OPOTA - London 10 Thu Domestic Relations Court Personnel Course Domestic Relations Court Personnel Quest Conference Center Columbus 11 Fri Municipal Course (1 of 2): Debtor - Creditor Magistrates, Judges & Acting Judges Embassy Suites Beachwood Cleveland 18 Fri Civil Procedures By The Numbers Part III Judges & Magistrates Crowne Plaza Dublin Columbus 22 Tue Guardian Ad Litem 3 Hr Course (9 of 24) (1:00 p.m. 4:30 p.m.) Attorneys Quest Conference Center Columbus 23 Wed Guardian Ad Litem 3 Hr Course (10 of 24) (8:30 a.m. - noon) Attorneys Quest Conference Center Columbus June 2012 1 Fri Judicial Candidates Seminar (1:30 p.m. - 3:30 p.m.) Judicial Candidates Ohio Judicial Center Columbus 5-7 Tue - Thu Ohio Association of Juvenile/Probate/Domestic Relations Judges Summer Conference Judges* Bertram Inn - Aurora 6 Wed Law, Life & Literature w/Judges Association Judges* Bertram Inn - Aurora 8 Fri Computer Lab - Personal Technology Judges & Magistrates Embassy Suites Beachwood Cleveland 12 Tue Guardian Ad Litem 3 Hr Course (11 of 24) (1:00 p.m. - 4:00 p.m.) Attorneys Hilton Akron/Fairlawn 13 Wed Guardian Ad Litem 3 Hr Course (12 of 24) (8:30 a.m. - noon) Attorneys Hilton Akron/Fairlawn 13 Wed Plan-Project Meeting (1 of 2) Probation Officers Quest Conference Center Columbus 14 Thu Plan-Project Meeting (2 of 2) Probation Officers Quest Conference Center Columbus 14 - 15 Thu - Fri Ohio Courts of Appeals Judges Association Summer Conference (OCAJA) Judges* Cherry Valley Lodge - Newark 15 Municipal (2 of 2): Debtor - Creditor Magistrates, Judges & Acting Judges Embassy Suites Airport Columbus 20 - 22 Wed - Fri Ohio Common Pleas Judges Association Summer Conference (OCPJA) Judges* Kalahari - Sandusky 21 Guardian Ad Litem 6 Hr Pre-Service Course (6 of 12) Attorneys Mansfield Juvenile Court Clerks Course Juvenile Court Clerks Embassy Suites Dublin Columbus Fri Thu 28 - 29 Thu - Fri Ohio Judicial Conference For the Record | Fourth Quarter 2011 22 July 2012 9 - 13 Mon - Fri Juvenile Detention TOT Probation Officers OPOTA - London 10 Tue Guardian Ad Litem 6 Hr Pre-Service Course (7 of 12) Attorneys Quest Conference Center Columbus 11 Wed Magistrate Practice: General Division Magistrates Embassy Suites Beachwood Cleveland 11 Wed Magistrate Practice: Juvenile Course Magistrates Embassy Suites Beachwood Cleveland 12 Thu Law, Life & Literature (Magistrate Practice) Magistrates Embassy Suites Beachwood Cleveland 12 Thu Magistrate Practice: General Interest Magistrates Embassy Suites Beachwood Cleveland 13 Fri Magistrate Practice: Business Entities Issues in Municipal and County Courts Magistrates, Judges & Acting Judges Embassy Suites Beachwood Cleveland 13 Fri Magistrate Practice: Domestic Relations Course Magistrates Embassy Suites Beachwood Cleveland 13 Fri Magistrate Practice: Probate Course Magistrates Embassy Suites Beachwood Cleveland 16 - 18 Mon - Wed Association of Municipal/County Judges of Ohio, Inc. Summer Meeting (AMCJO) Judges* Cherry Valley Lodge - Newark 25 Wed Guardian Ad Litem 3 Hr Course (13 of 24) (1:00 p.m. - 4:30 p.m.) Attorneys Hilton Garden Perrysburg Toledo 25 Wed PO Academy: PSI Writing Probation Officers Doubletree Worthington Columbus 26 Thu Guardian Ad Litem 3 Hr Course (14 of 24) (8:30 a.m. - noon) Attorneys Hilton Garden Perrysburg Toledo 26 Thu PO Academy: Search and Seizure Classroom Probation Officers Doubletree Worthington Columbus 27 Fri PO Academy: Verbal Tactics Probation Officers Doubletree Worthington Columbus 31 - 1 Tue - Wed Annual Planning Meeting Invited Participants Columbus August 2012 3 Fri Delinquency & Unruly Judges & Magistrates Video Teleconference 6 - 10 Mon - Fri Parent Project TOT Probation Officers OPOTA - London 7 Tue Guardian Ad Litem 6 Hr Pre-Service Course (8 of 12) Attorneys Wyndham Garden Dayton South 14 - 16 Tue - Thu PO Academy: Search & Seizure Drills Probation Officers OPOTA - London 15 Wed PO Academy: Special Populations Probation Officers OPOTA - London 16 Thu Judicial Candidates Seminar (1:30 p.m. - 3:30 p.m.) Judicial Candidates Ohio Judicial Center Columbus 17 Fri Computer Lab - ELR Judges & Magistrates 23 Thu Guardian Ad Litem 3 Hr Course (15 of 24) (1:00 p.m. - 4:30 p.m.) Attorneys Ohio Judicial Center Columbus Holiday Inn Boardman Youngstown 24 Fri Guardian Ad Litem 3 Hr Course (16 of 24) (8:30 a.m. - noon) Attorneys Ohio Judicial Conference For the Record | Fourth Quarter 2011 Holiday Inn Boardman Youngstown 23 September 2012 5-7 Wed - Fri CMP 2014 Court Performance Standards with Courtools CMP Students Embassy Suites Airport Columbus 6 Thu Guardian Ad Litem 6 Hr Pre-Service Course (9 of 12) Attorneys Deercreek State Park - Mt. Sterling 7 Fri Abuse, Neglect, Dependency Judges & Magistrates Video Teleconference 12 Wed Ohio Courts of Appeals Judges Association Fall Conference (OCAJA) Judges* Hilton Polaris - Columbus 13 - 14 Thu - Fri Ohio Judicial Conference Annual Meeting Judges* Hilton Polaris - Columbus 14 Fri Court Reporters Course Court Personnel Embassy Suites - Columbus 19 Wed Guardian Ad Litem 3 Hr Course (17 of 24) (1:00 p.m. - 4:30 p.m.) Attorneys Quest Conference Center Columbus 19 - 21 Wed - Fri CMP 2013 Level II Module IV: Visioning and Strategic Planning CMP 2013 Tier II Class Embassy Suites Airport Columbus 20 Thu Acting Judge Course (2 of 4): Avoiding Potential Minefields Magistrates, Judges & Acting Judges Holiday Inn French Quarter Perrysburg - Toledo 20 Thu Guardian Ad Litem 3 Hr Course (18 of 24) (8:30 a.m. - noon) Attorneys Quest Conference Center Columbus 25 Tue PO Academy: Substance Abuse Probation Officers Crowne Plaza North - Columbus 26 Wed PO Academy: Street Smart on Drugs Probation Officers Crowne Plaza North - Columbus 27 Thu Organizational Culture (1 of 2) Probation Officers Quest Conference Center Columbus 28 Fri Clerks Course Court Clerks Doubletree Worthington Columbus 28 Fri Organizational Culture (2 of 2) Probation Officers Quest Conference Center Columlbus October 2012 3-5 Wed - Fri CMP 2012 Module VI: Managing Human Resources CMP Participants Ohio Judicial Center Columbus 3-5 Wed - Fri Ohio Association of Magistrates (OAM) Fall Conference Magistrates* Crowne Plaza North - Columbus 9 - 10 Tue - Wed Mentally Ill Youth in the Courts Probation Officers Crowne Plaza North - Columbus 10 Wed Guardian Ad Litem 3 Hr Course (19 of 24) (1:00 p.m. - 4:30 p.m.) Attorneys Wyndham Garden Dayton South 11 Thu Guardian Ad Litem 3 Hr Course (20 of 24) (8:30 a.m. - noon) Attorneys Wyndham Garden Dayton South 12 Fri Juvenile Traffic Judges & Magistrates Video Teleconference 15 - 19 Mon - Fri Juvenile Detention TOT Probation Officers OPOTA - London 18 Thu Constitutional Law Judges Embassy Suites Beachwood Cleveland 19 Fri Judicial Ethics and Access to Justice & Fairness Judges Embassy Suites Beachwood Cleveland 23 Tue Guardian Ad Litem 6 Hr Pre-Service Course (10 of Attorneys Holiday Inn Boardman Youngstown Invited Participants Ohio Judicial Center Columbus 24 - 25 Wed - Thu Faculty Development Ohio Judicial Conference For the Record | Fourth Quarter 2011 24 26 Fri Municipal Course: Damages Magistrates Video Teleconference 26 Fri Pretrial Services Course Court Personnel Columbus November 2012 1 Thu Guardian Ad Litem 3 Hr Course (21 of 24) (1:00 p.m. - 4:30 p.m.) Attorneys Athens 1 Thu PO Academy: Basic Defensive Tactics (2 of 2) Probation Officers OPOTA - London 2 Fri General Division Course Magistrates & Judges Embassy Suites - Columbus 2 Fri Guardian Ad Litem 3 Hr Course (22 of 24) (8:30 a.m. - noon) Attorneys Athens 2 Fri PO Academy: Advanced Defensive Tactics (2 of 2) Probation Officers OPOTA - London 8 Thu Acting Judge Course (3 of 4): Avoiding Potential Minefields Magistrates, Judges & Acting Judges Holiday Inn Strongsville Cleveland 14 Wed Guardian Ad Litem 6 Hr Pre-Service Course (11 of Attorneys Quest Conference Center Columbus 14 Wed Probate Seminar Magistrates & Judges Video Teleconference 15 Thu New Americans Court Personnel, Judges & Magistrates Doubletree Worthington Columbus 16 Fri Evidence Judges Embassy Suites Airport Columbus 16 Fri Judicial Transitions Probation Officers Webinar 30 Fri Magistrate Ethics Magistrates Video Teleconference December 2012 4 Tue Ohio Association of Domestic Relations Judges Winter Conference Judges* Embassy Suites Dublin Columbus 5-7 Wed - Fri Defensive Tactics Faculty Probation Officers OPOTA - London 5-7 Wed - Fri Ohio Common Pleas Judges Association Winter Conference (OCPJA) Judges* Embassy Suites Dublin Columbus 6 Thu Acting Judge Course (4 of 4): Avoiding Potential Minefields Magistrates, Judges & Acting Judges Crowne Plaza Dublin Columbus 6-7 Thu - Fri Judges* Hilton Polaris - Columbus 10 - 14 Mon – Fri Ohio Association of Juvenile Court Judges (OAJCJ) Winter Meeting New Judge Orientation Part I New Judges Embassy Suites Dublin Columbus 11 Tue Guardian Ad Litem 3 Hr Course (23 of 24) (1:00 4:30 p.m.) Attorneys Quest Conference Center Columbus 12 Wed Guardian Ad Litem 3 Hr Course (24 of 24) (8:30 a.m. - noon) Attorneys Quest Conference Center Columbus 14 Fri Ethics Judges Video Teleconference 18 Tue Guardian Ad Litem 6 Hr Pre-Service Course (12 of Attorneys Quest Conference Center Columbus (phone) 614.387.9445 SUPREME COURT OF OHIO JUDICIAL COLLEGE (fax) 614.387.9449 (e-mail) [email protected] TO VIEW THE MOST UPDATED VERSION OF THE COURSE CALENDAR PLEASE VISIT THE JUDICIAL COLLEGE WEBSITE AT http://www.supremecourt.ohio.gov Ohio Judicial Conference For the Record | Fourth Quarter 2011 25 OJC Citizens Guide Brochures OJC Citizens Guide Brochures How to Order The Judicial Conference has created a series of brochures to help judges inform the public about Ohio’s judicial system. We have seven tri-fold brochures with general information about aspects of the judicial system and one 25-page guide to small claims court. The back panel of each brochure has space for a standard size mailing label with contact information for a local court or judge. Tri-Fold Series The Citizens Guide tri-fold series consists of seven of the following brochures: • Jury Service • Grand Jury Service • Legal Terminology • Electing Judges • Representing Yourself • Ohio Courts • Mediation The brochures can be ordered in bulk at a low cost of 15 or 20 cents per copy, depending on the number ordered. Small Claims Court Guide The Small Claims Court brochure is a new edition of a brochure that was previously published by the Ohio State Bar Foundation. It has been updated and redesigned. This guide can be ordered for 58 cents per copy. Ordering Information Individual brochures are available for download at www.ohiojudges.org on the “Publications” webpage. You may also place your orders for large quantities of the Citizens Guide Brochures on this same page or retrieve a downloadable order form on this page that can be faxed. You may also contact Trina Bennington at [email protected] or 614-387-9750 to obtain ordering information or for general questions regarding the brochures. Ohio Judicial Conference For the Record | Fourth Quarter 2011 26 Ohio Judicial Conference Staff Executive Director Hon. Mark R. Schweikert, Retired [email protected] Legislative Activities Coordinator Donna Childers, Ph.D. [email protected] 614-387-9750 Project Specialist Jeff Jablonka [email protected] 614-387-9753 614-387-9763 Program Specialist Jennie Long [email protected] 614-387-9766 Judicial Services Coordinator Kristin Schultz, Esq. [email protected] 614-387-9767 Administrative Assistant Trina Bennington [email protected] 614-387-9761 Legislative Liaison Louis Tobin, Esq. [email protected] 614-387-9756 Fiscal Specialist/Office Manager Jayma Umbstaetter [email protected] Legislative Secretary Alyssa Guthrie [email protected] Ohio Judicial Conference Legislative Liaison Christina Madriguera, Esq. 614-387-9764 [email protected] For the Record | Fourth Quarter 2011 614-387-9765 614-387-9757 27