Choosing a Justice – U.S. vs Ohio

U.S. Supreme Court Justice Antonin Scalia’s death on Feb. 13 has led to much speculation about who will replace him. Based on the Constitution, justices on the U.S. Supreme Court are nominated by the president and those nomination must be confirmed by the Senate.

 

There are nine justices on the U.S. Supreme Court who serve lifetime terms. Justice Elena Kagan was the last Supreme Court justice appointed to the bench back in August 2010 by President Barack Obama. The longest serving justice is Justice Anthony Kennedy, who took his seat in 1988, and was nominated by President Ronald Reagan. The newest appointed justice will become the 113th to serve on our nation’s Supreme Court.

 

The Washington Post recently published a helpful infographic that explains the path of U.S. Supreme Court appointments.

 

 

The president also nominates candidates for federal judgeships subject to the Senate’s approval. As of 2014, there are more than 625 active judges who serve federal district courts and nearly 175 judges who serve federal courts of appeals. All federal judges enjoy lifetime terms.

 

In contrast, the seven justices on Ohio’s highest court are elected in statewide elections. We are not appointed, and we serve six-year terms before standing for re-election. The Ohio governor can appoint a justice for vacancies that occur between elections, such as for a retirement or death. In the rare instance that a justice on the Ohio Supreme Court must be appointed, the governor makes the decision alone – it doesn’t have to be confirmed by the Ohio General Assembly. The same holds true for other state courts.   If a judge leaves in the middle of a term, the governor appoints someone to fill the vacancy until voters decide who will retain the seat in the next election.

 

Only 21 states have elections, both partisan and nonpartisan. Ohio has nonpartisan general elections. In 12 states, the justices are appointed for life and in the remaining 17 states the justices are elected after an initial appointment.

 

Voters choose two Ohio Supreme Court justices at the general election in even-numbered years. In the year when the chief justice runs, voters pick three members of the Court. A person must be an attorney with at least six years of experience in the practice of law to be elected or appointed to the Court.

 

Three justices are up for election this year. Chief Justice Maureen O’Connor has no opponent, and Justice Paul E. Pfeifer and I are no longer eligible to seek re-election due to age restrictions, so our Court will welcome two new members in 2017.

 

Now we will have to wait and see who will become the next U.S. Supreme Court justice and who will become the new justices on our state’s Supreme Court.

 

 

Sources: American Bar Association and United States Courts

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Annual Report on Discipline is Released

Do you ever wonder what happens when a lawyer or judge does something illegal or gets into serious trouble?  In most states, there is a disciplinary group that handles complaints against lawyers and judges. Ohio is no exception.

The Board of Professional Conduct, formerly called the Board of Commissioners on Grievances & Discipline, just released its 2015 annual report on Feb. 17, noting a nearly 20 percent decrease in active pending cases.  This board, made up of 28 volunteer commissioners appointed by the Supreme Court of Ohio, includes judges, lawyers, and members of the public. The board hears complaints against attorneys and judges for criminal behavior or for violations of the ethical codes of the Ohio Rules of Professional Responsibility and the Code of Judicial Conduct.

Disciplinary cases can arise in a number of situations ranging from a lawyer’s neglect of client matters to a felony conviction. When a complaint is made and has probable cause, a disputed case will be heard before a hearing panel of three commissioners, who then write an opinion to present to the full board. After consideration by all commissioners, the report is certified to the Supreme Court with both panel and board recommendations.

The justices will hear oral arguments about the case and then decide if the lawyer or judge will receive the recommended sanction, or a greater or lesser penalty, which might include a professional license suspension or a probationary period with conditions. License suspensions may last for six months, one or two years, or for an indefinite period.  A disbarment, which is the most serious penalty available, means that the attorney or judge will never practice law in Ohio again.

According to the 2015 annual report, there were 48 hearings and 61 certified reports and the board disposed of 102 cases, a 21.4 percent increase in dispositions from 2014.

More information can be found here.

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2016 Civics Education Essay Contest

The National Center for State Courts (NCSC) is now accepting entries for its free 2016 Civics Education Essay Contest in honor of Law Day, May 1. This year commemorates the 50th anniversary of Miranda v. Arizona, the 1966 U.S. Supreme Court decision that mandates what notifications police must give before questioning a criminal suspect. The statements regarding the right to remain silent and the right to an attorney, among others, are commonly known as Miranda Rights.

Third through 12th graders are being asked to consider, “What are the Miranda rights and why are they important?” Teachers are also encouraged to incorporate the actual opinion of Miranda v. Arizona into their lesson plans. The 1966 case determined that when police take a person into custody, they must be told before they are questioned of their Fifth Amendment right not to make any self-incriminating statements.

The contest is divided into three groups: 3rd-5th graders; 6th-8th graders; and 9th-12th graders. Entries for all grade levels should be typed, 100 words or less, and submitted online at www.ncsc.org/contest. Handwritten submissions will also be accepted and may be sent to:

National Center for State Courts
c/o Deirdre Roesch
300 Newport Ave.
Williamsburg, Va. 23185

It would be great to have an Ohio student as a finalist in this national event.  Good luck to all!

ALL SUBMISSIONS ARE DUE on Feb. 26, 2016.

PRIZES:

·         First place winners will receive a $100 Amazon gift card.
·         Second place winners will receive a $50 Amazon gift card.
·         Third place winners will receive a $25 Amazon gift card.

All winners will receive a classroom set of NCSC’s graphic novel coloring book series the Justice Case Files.

Complete contest details are available at www.ncsc.org/contest.

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2015 Ohio Supreme Court Case Highlights

As we start a new year, I think it is worthwhile to review the Supreme Court of Ohio’s opinions of the last year. According to our statistics, more than 300 opinions were written. Some related to technical issues of procedure or interpretation of statutes, others covered discipline of attorneys or judges, and many dealt with the constitutional rights of those injured or accused of crime. 

Among cases of particular interest to the public were:

• An opinion modifying gross-sexual-imposition We ruled that part of Ohio’s gross-sexual imposition law was unconstitutional and struck down the provision that mandated prison terms when evidence other than the alleged victim’s testimony corroborated the offense. State v Bevly, 2015-Ohio-475.

• An opinion on garbage search We held that evidence from a single trash pull was enough to find probable cause for a search warrant if it corroborates information and tips on drug activity. State v Jones, 2015-Ohio-483.

• An opinion on a 911 recording In granting the Cincinnati Enquirer’s public-record request, we held that the recording of a 911 dispatcher’s return call to an emergency caller is a public record subject to release. State ex rel. Cincinnati v. Sage, 2015-Ohio-974.

• Two opinions involving the taxing of National Football League players In both cases, we rejected Cleveland’s method of taxing the pro athletes based on games that were played. The tax calculation was held to violate each player’s due process rights. Hillenmeyer v. Cleveland Bd. of Review 2015-Ohio-1623, Saturday v. Cleveland Bd of Review 2015-Ohio-1625.

• An opinion on a traffic stop We held that a traffic stop for a minor misdemeanor made by a township police officer without statutory jurisdiction or authority violates Ohio’s constitutional protection against unreasonable search and seizure. State v. Brown, 2015-Ohio-2438. 

• An opinion on charter schools In a case stemming from ongoing litigation brought by 10 Cleveland charter schools against the companies that operated and managed them, we held that an entity managing the daily operations of a charter school has a fiduciary relationship with the school it operates. Hope Academy v. White Hat Mgmt. L.L.C., 2015-Ohio-3716.

• An opinion on the Ohio Dormant Mineral Act In one of a series of cases on the subject of fracking, we held that a lease that grants oil and gas rights to another party and was recorded with the county recorder is a title transaction, but that expiration of the lease by its terms is not. Chesapeake Exploration v. Buell, L.L.C., 2015-Ohio-4551.

• An opinion upholding sex-registration We held that a 21-year-old man who had a consensual sexual relationship with a 15-year-old girl and who was categorized as a Tier II sex offender and had to verify his home address, place of employment, and school location in person every 180 days for 25 years was not subject to cruel and unusual punishment. State v. Blankenship, 2015-Ohio-4624.

These, and all of our decisions, are a matter of public record on the Supreme Court's website www.sc.ohio.gov where you may read them in full. Our website also allows you to see and hear actual arguments of the cases online and to read previews and summaries when they are published.

Bill of Rights Day

Written in 1787 and ratified in 1789, the U.S. Constitution is the backbone of the three separate but equal branches of government. It was not a perfect document when first written, and has been amended 27 times throughout its 228 years of its existence.

Today we celebrate the first 10 amendments of the U.S. Constitution – we know them as the Bill of Rights.  Written in 1791 by James Madison, they guarantee all of our personal liberties, the freedoms that government cannot take away.  Can you name them all?

Here is a brief summary:

1. the freedom of religion, speech, press, and peaceable assembly

2. the right to bear arms

3. the right not to have soldiers quartered in your home

4. the right to be free of unreasonable search  and seizure

5. the right to due process of law, freedom from self-incrimination, and protection against double jeopardy

6. the rights of a criminal defendant

7. the right to trial by jury

8. the right to bail and freedom from cruel and unusual punishment

9. the rights listed do not deny the people other rights they retain

10. the reservation of rights not granted to the federal government are left to the states or the people.

View the full text of the Bill of Rights. You can find more resources about Bill of Rights Day at the United States Court website.

 

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Newest Series of Courthouse Videos Premieres

The great state of Ohio has provided a separate courthouse for each one of its 88 counties.  As you will see, some of them are the most important buildings in their counties.  Take the video tour as it unfolds and wait for your own common pleas courthouse to be featured.

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Rosa Parks’ Courage

Today is the anniversary of Rosa Parks’ arrest after she refused to give up her seat on a segregated bus. Ms. Parks’ action led to the Montgomery Bus Boycott and eventually to a class-action lawsuit in the U.S. District Court. The United States Supreme Court in Browder v. Gayle determined that segregated buses are unconstitutional. You may be interested in the United States Courts’ video about how Parks’ arrest sparked this historic ruling.

I also had the privilege of honoring Rosa Parks in 2011 in the “Power of One” celebration when the Ohio Supreme Court’s women justices discussed how one person can make a difference.

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