Tuesday, August 11, 2015

Ohio Lawyer Helped Write the 14th Amendment

Many prominent Ohioans have helped shape the foundation of the United States. You may not know that an Ohio congressman was the main writer of the Fourteenth Amendment to the U.S. Constitution. 

John Bingham, a prominent lawyer, judge, and Ohio congressman served as a judge advocate in the Abraham Lincoln assassination trial and as a prosecutor in Andrew Johnson’s impeachment trials. He died in Cadiz, Ohio in 1900. 

Although the Fourteenth Amendment has five separate sections, the words most often quoted come from section one:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” 

This language has been interpreted many times by the U. S. Supreme Court in landmark cases such as Plessy v. Ferguson, Brown v. Board of Education, and Roe v. Wade.  And recently in Obergefell v. Hodges, the court relied on the amendment in a 5-4 decision that guaranteed same-sex couples the right to marry.

The Fourteenth Amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868. The words that John Bingham helped write have great vitality, living on nearly 150 years later.



Tuesday, August 4, 2015

National Judicial College Hours Count for Ohio Judges

As students and teachers head back to the classroom over the next month, Ohio judges also have education on their minds.

Every two years, all judges in the Buckeye state must complete 40 hours of continuing judicial education. Ten of those 40 CLE hours are required to come from instruction offered by the Ohio Supreme Court Judicial College. Those 10 hours can now also be offered by the National Judicial College (NJC).  Judges can receive up to one Ohio Judicial College credit hour for each hour of instruction for a maximum of 10 Judicial College credit hours.

The Ohio Supreme Court recently adopted the new amendment, which takes effect Aug. 17.

This rule will bring new opportunities to judges who wish to experience courses beyond the state level. And, I’m happy to have more Ohio judges join me in learning at the NJC.

I received my Master of Judicial Studies in 1992 from the College and University of Nevada, and later joined the NJC faculty where I teach a variety of courses including a week-long course on Ethical Issues in the Law next scheduled for September 2016.

NJC courses, originally held only in Nevada, now have branched out to other locations. Subjects range from the rule of law to the newest improvements in court technology – all offering the exchange of ideas and collaboration with judges from other states.

Last year the NJC celebrated its 50th anniversary in judicial education. 

Wednesday, July 22, 2015

Non-Attorneys Can Now E-File with Supreme Court

The Ohio Supreme Court continues to amaze me with how technology-driven it is. With the success of a pilot program that we started toward the end of last year, the court in January decided to continue allowing attorneys to e-file case information through our e-Filing Portal. Not only does this save attorneys from having to drive to Columbus to file cases, it also saves quite a few trees along the way.

Now, starting today, the court is allowing self-represented litigants to e-file documents. We justices recently approved the new rules.

Since Jan. 5, 72 percent of all attorney filings have been sent through the e-Filing Portal, and I’m sure non-attorneys will be following suit.

Watch below to learn more about this convenient, cost-efficient way to file and the specific guidelines that non-attorneys should know if they’re filing electronically.

Tuesday, July 21, 2015

Offering a Second Chance

Big mistakes often have serious consequences, but sometimes it’s possible for a second chance to give hope to those who need it. One court in Ohio is doing just that.

It’s not quite a specialized docket – like the Veterans, Drug, and Mental Health courts – but the Allen County Juvenile Court is helping teens and young adults get their lives back on track through a treatment program.
 
The juvenile court judge and a team of specialists are giving 14- to 21-year-olds a chance to avoid placement in a detention facility. They enter a treatment program that focuses on changing personal attitudes and correcting the behaviors that would put them behind bars.
 
The Allen County program gives the teens a second chance at life, and usually by the time they finish, they will have gone through more than 200 hours of counseling and meetings with treatment specialists. Two Lima teens are featured in the video below. Take a look.



Monday, June 29, 2015

A Focus on Families and Addiction

Ohio has 110 juvenile court judges who preside over some of the hardest decisions a judge has to make – those in cases of child abuse and neglect.

Many families who come before the judges are there because of problems that stem from addiction.

Juvenile court judges from 56 Ohio counties joined substance abuse treatment providers, child welfare advocates, and other community partners recently at a one-day symposium to discuss how parents and children in their communities are affected by addiction.

The Ohio Supreme Court, along with the Ohio Department of Mental Health and Addiction Services, the Ohio Department of Job and Family Services, and the Ohio Association of County Behavioral Health Authorities, assembled a group of community partners for the 2015 Judicial Symposium on Addiction and Child Welfare on June 23.

Each county team developed action plans to ensure that families receive treatment intervention and the judicial oversight, and support they need to continue their recovery.

Last year, common pleas court judges participated in a similar event.

A new video, “Let’s Treat it Together,” introduces an explanation of the science of addiction and the response of courts who are addressing a solution. Chief Justice Maureen O’Connor explains in the video how we all must work together on this problem. Let’s all join the chief justice in that call for action. The future of our children is at stake.

Thursday, May 28, 2015

Moot Court vs. Mock Trial – What’s the Difference?

Mock trial, moot court – two competitions and two high-school-team winners. Do you know the difference between these two programs?

Mock Trial

A “mock” trial means a trial acted out by students as if they were trying a case before a judge or jury. Students play all parts in the trial as attorneys, clients, and witnesses. Opening statements, direct and cross examination, and closing arguments are all part of the mock trial.
 
In March, 300 high school students from 32 teams competed in a three-day mock trial event. At the 32nd Annual High School Mock Trial Competition, Westerville North High School defeated Ashland High School. Westerville North, by the way, continued in the competition to place 10th at the National High School Mock Trial Championship earlier this month. Congratulations, Westerville North!
 
Moot Court
 
The word moot means “in dispute,” and this program differs from portrayal of a trial because it allows students to act as attorneys for an appeal.
 
The moot court experience lets students handle an appeal of a simulated case that has already been tried. A losing party to a case always has the right to appeal to one of the 12 appellate courts in Ohio, and a panel of three judges will make a decision based on the written papers (briefs) and the oral arguments of the attorneys. There are no witnesses, just the attorneys arguing their legal positions to the judges. 
 
The student-lawyers in moot court argue for the appellant (who wants reversal) or the appellee (who wants the decision affirmed.) Springfield High School students recently won the second annual Moot Court Competition where more than 100 students representing 16 high schools across Ohio appeared before a panel of judges and lawyers and argued their cases as appellate attorneys.  Hooray, Springfield!
 
The Ohio Center for Law-Related Education (OCLRE) sponsors these programs and hosts the civic competitions for students.  Teachers should know that younger students can benefit from studying the court system as well. OCLRE has started hosting a middle school mock trial showcase where students learn about the roles of judges, attorneys, and witnesses from classic books read in school when they act out the characters in a legal setting.
 
The Ohio Supreme Court supports OCLRE along with the ACLU of Ohio Foundation, the Attorney General’s Office, the Ohio State Bar Foundation, and the Ohio State Bar Association.

 

Friday, May 15, 2015

iCivics Website Unveiled

Former senator and astronaut John Glenn and retired U.S. Supreme Court Justice Sandra Day O’Connor teamed up to launch iCivics Ohio and just unveiled a new website designed to bring students up to speed on civic education.

Glenn and Justice O’Connor are concerned with lack of knowledge students have about government and citizenship. The website makes sure civic education isn’t an afterthought for schools and their students.
Ohio students will have the opportunity to access digital civic-education lesson plans made specifically for teachers.

As you may know, I’m an iCivics representative for the state of Ohio, so this program is very near and dear to my heart.
Please click HERE to read more about the website. And leave a comment below if you have any questions about the program.