A bill introduced July 30 in the Ohio General Assembly would provide decorated veterans with some major support for completing their college education. HB603 would “require state institutions of higher education to waive undergraduate instructional and student fees and room and board and provide book vouchers for Ohio residents awarded the Purple Heart or other combat decorations superior in precedence.” The bill was introduced by Representative Dan Dodd (D).

First of all, in getting ready for fall, there are RTA schedule changes effective Aug. 24^th.

Second, it's not a surprise that RTA is experiencing fuel cost increases, and is projecting less revenue than needed. See the RTA 2009 Tax Budget with projected scenarios. (The Euclid Corridor Project is from different funds and is projected to be more cost efficient operationally when completed this fall.) Ridership is growing, however RTA has indicated that fares only cover about 20% of the cost of service. For costs not exceed its revenue, a legal requirement, RTA is looking at imposing a fuel surcharge (increasing the fares), and making service reductions. The Community Circulators, a service improvement on which many in our community depend, may all have to be cut, along with cuts on numerous other routes. See the list.

RTA is holding public hearings to gather testimony concerning impact of specific cuts. There was a very upset, overflow crowd at the downtown Cleveland Public Library Auditorium on Tuesday, Aug. 5^th , with many speaking after the PowerPoint presentation. RTA reserved the Auditorium at CPL for Wed. Aug. 5^th at 12 noon for additional testimony. If a cut will impact you but you cannot attend a hearing, submit your comments to RTA by Aug. 18^th.

RTA is created under the authority of Ohio Revised Code Chapter 306. For more information on documents establishing the parameters for the governance of RTA, as well as the powers, responsibilities and duties of RTA see RTA's website.

H.R. 3221 Housing and Economic Recovery Act of 2008, signed Wed., July 30^th, Public Law 110-289, is now available - as Enrolled or Typeset

See NeighborWorks’ Summary of the new legislation and link to Senate Statement and summary .

From the President ‘s page: signing information “The Housing and Economic Recovery Act of 2008, which authorizes the Department of the Treasury to purchase obligations of housing Government Sponsored Enterprises (GSEs); reforms the regulatory supervision of the housing GSEs; provides reform of the Federal Housing Administration; provides homeownership assistance and reforms to mitigate recent increases in foreclosures; and contains housing-related tax incentives and other tax provisions.”

While the Ohio Employer's Law Blog has been around since 2007, it's new to me! Cleveland law firm Kohrman, Jackson and Krantz, PLL, brings you "Practical employment law information for businesses in Ohio and beyond". Recent articles include "6th Circuit decides standard of proof for mixed motive cases" and All hail dads(about more men filing claims under the FMLA for family responsibilities).

They even have this handy widget which you can paste into your webpage or blog:

Today, the Sixth Circuit upheld a decision from the Ohio Northern District denying an appeal to suppress evidence obtained from a warrantless search conducted by a police officer who smelled marijuana and saw a partially smoked marijuana cigarette in plain view in a vehicle during a traffic stop. In U.S. v. Crumb (No. 08-3207), the Sixth Circuit stated that the officer had probable cause to conduct a lawful search of the vehicle without a warrant. The search incidentally turned up more marijuana, crack cocaine, Ecstacy pills, and a semi-automatic weapon in the defendant’s car.

The new Cuyahoga Enterprise Geographic Information System (CEGIS)
provides detailed information on houses and businesses in the county. Just type in an address or owner's name. The system combines information from the Cuyahoga County Auditor's Office and Recorder's Office. It will show the property owner, liens, how much was paid for the house, whether taxes have been paid and a detailed deed transfer history. There is a map which shows information about the property's neighborhood - census information, nearby sex offenders, nearby foreclosures and more.

The site is free, with registration. The database is still in its testing phase.

See Cuyahoga Engineer's Office Starts Up New County Map, Info System, The Plain Dealer Blog, July 14, 2008.

On Thursday July 31, 8:30 a.m. at City Hall, Cleveland's Charter Review Commission will hold a public meeting. The issues to be discussed include amending the city charter to...

• Have fewer city council members
• Change the recall rules and residency rules for city council members
• Put the Hopkins Airport director in charge of an airport police force, instead of the Cleveland chief of police.

For more details, see Cleveland Charter Review Commission Considers Ways to Streamline Government,7/19/2008, Cleveland Plaindealer Blog.

See our prior post Help Revise the Cleveland City Charter.

Find out what’s going on in Columbus with the Supreme Court of Ohio’s RSS feeds. One feed covers case opinion summaries and the other Supreme Court news. In case you’re not au courant with the intricacies of RSS, the site helpfully gives you tips on setting up a feed. Unfortunately, the Sixth Circuit has yet to syndicate their site.

The Rhode Island Supreme Court overturned a verdict against Sherwin Williams, and other paint manufacturers, which was based on the theory that lead paint is a public nuisance. See State v. Lead Industries Association, Inc., et al, No. 04-63, Rhode Island Lead-Paint Verdict Against Sherwin-Williams Overturned, Peter Krause, The Plain Dealer, Jul. 2, 2008. For an analysis of the case, see Drug and Device Law blog.

The Ohio Attorney General and several Ohio cities filed similar suits against paint manufacturers in Ohio courts. See Ohio Sues Lead Paint Manufacturers, Cleveland Law Library Blog, After these suits were filed, the Ohio legislature passed a law prohibiting public nuisance suits against manufacturers for products liability claims. Am. Sub. SB 117. You may recall that a veto of this bill by Governor Strickland was challenged in court, and the veto was held invalid. See State ex rel. Ohio Gen. Assembly v. Brunner (Aug. 1, 2007), 114 Ohio St. 3d 386, 2007-Ohio-3780.

The Ohio Supreme Court decided this week that R.C. 2744.02(B)(3), which allows civil lawsuits against a political subdivision for injuries sustained as a result of the subdivision’s negligent failure to remove an obstruction from a roadway, does not apply to an accumulation of ice. In this case, the ice hazard was arguably created or exacerbated by actions of township fire fighters who were conducting a training exercise. See Howard v. Miami Twp. Fire Div., Slip Opinion No. 2008-Ohio-2792.

For those who think hunting for legislative intent is just an exercise dreamed up by professors to introduce law students to obstructions, note how the Court examined the prior statute and concluded that “the General Assembly purposely replaced the phrase ‘free from nuisance’ with ‘other negligent failure to remove obstructions.’ To find otherwise is to conclude that the legislature’s action in amending the statute was a superfluous act. We are persuaded that the legislature’s action in amending R.C. 2744.02(B)(3) was not whimsy, but a deliberate effort to limit political subdivisions’ liability for injuries and deaths on their roadways.”

At 9:30 a.m. at CSU’s Cole Center, 3100 Chester Ave., the U.S. House Subcommittee on Housing and Community Opportunity of the House Committee on Financial Services, holds a hearing “Foreclosure Problems and Solutions: Federal, State, and Local Efforts to Address the Foreclosure Crisis in Ohio.” Here is information including the list of panelists.

First years usually learn about the "castle doctrine" in their first year criminal law class. Black's Law Dictionary, 8th ed., defines the doctrine as follows:

An exception to the retreat rule allowing the use of deadly force by a person who is protecting his or her home and its inhabitants from attack, esp. from a trespasser who intends to commit a felony or inflict serious bodily harm.

The law in Ohio currently places the burden on the home occupant to prove they were defending themselves from death or serious injury. Under Ohio Senate Bill 184, which will go into effect in 90 days, it will be presumed a person lawfully occupying the home (or vehicle) acted in self defense against someone who unlawfully enters the home (or vehicle). The prosecution may rebut this presumption. The new statute also grants immunity from tort actions to the home or vehicle occupier. Ohio Becomes Latest State with NRA-Backed "Castle Doctrine" Self-Defense Law,Gongwer News Service Ohio, Vol. 77, Report #112, Article #3, June 11, 2008. Also see Ohio Governor Signs 'Castle Doctrine' Bill Despite Concerns by Law Enforcement, Toledo Blade, June 11, 2008.

Lorain County Common Pleas Court Judge Burge held that Ohio's lethal injection method involving a three drug cocktail is unconstitutional. Ohio's death penalty statute mandates that executions be quick and painless. The three drug method creates an unnecessary and arbitrary risk of a painful death. The judge held that the "combination of drugs" method:

"resulted in arbitrary abrogation of a statutory and substantive right of a condemned person, in violation of the Fifth and Fourteenth Amendments to the United States Constitution and Section 16, Article I of the Ohio Constitution (due process clause)"

See State v. Rivera & State v.McCloud (June 10, 2008), Lorain County Case Nos. 04CR065940, 05CR068067; Judge Rules Ohio's Method of Execution Violates Due Process ACLU's Death Penalty page, June 10, 2008; Farkas, Karen Ohio Lethal Injection Executions Unconstitutional, Lorain County Common Pleas Judge James Burge Rules,The Plain Dealer, June 11, 2008.

See our prior posts: Supreme Court Lethal Injection Ruling: What Does it Mean for Ohio? and Ohio Death Penalty News

Ohio amended its sexual offender registration laws to conform to the 2006 federal Adam Walsh Act. See 127th Gen Assembly, Senate Bill 10. and Senate Bill 97. The new law reclassified over 26,000 offenders, including juveniles, as sex offenders. See MacLean, Pamela A., Challenges Grow Over Sex Offender Laws, National Law Journal, June 9, 2008. The Ohio Adam Walsh Act is being challenged in a class action, Doe v. Dann, No. 1:2008cv00220 (N.D. Ohio). As reported on our Ohio Constitutional Law webpage, Cuyahoga County Common Pleas Court Judge Suster held that Ohio's Adam Walsh Act violates the retroactivity provisions of the Ohio and U.S. Constitutions. Evans v. State, Cuyahoga County Common Pleas Court Case No. CV-08 646797. One day before Judge Suster's opinion, the Eighth District Court of Appeals decided that Ohio's Adam Walsh Act does NOT violate the ex post facto clause of the U.S. Constitution. State v. Holloman-Cross (May 8, 2008), 2008-Ohio-2189.

The City of Cleveland is in the process of reviewing its Charter** , and is asking for input from city residents. See the Charter Review Commission homepage. The City reviews its charter every 20 years. See the Charter, Chap. 39, Section 200-1.

The City Charter is like a constitution. It establishes the basic structure of the government, a system of checks and balances, mechanisms for accountability of city officials, and the basic civil service system for city employees. Some of the changes to the charter discussed by Charter Review Commission include:

• Changes to allow the creation of a new Airport Police Force and a new Airport Rescue and Fire Force, under the control of the Director of Port Control, not the Safety Director.
• Raising the dollar amount which city contracts must be competitively bid from $10,000 to $50,000.
• Changes to the civil service system for city employees.
• Shortening the period during which citizens can petition for a referendum on an ordinance once City Council has passed it.

See Callahan's Cleveland Diary. Also see City of Cleveland Charter Review Commission Close to Halfway Point, City Council News, April 18, 2008; Prendergast, Kevin Commission Continues to Review City Charter, Brooklyn Sun Journal, Apr. 24, 2008.

Today the Supreme Court of Ohio ruled that the next of kin of a deceased person upon whom an autopsy has been performed does not a have a property right in the decedent’s organs that have been removed during the autopsy. [Albrecht v. Treon, Slip Onion No. 2008-Ohio-2617 – full text opinion and opinion summary]

The case, a class action suit brought against coroners and/or medical examiners in 87 Ohio’s 88 counties, originated from a single suit involving the brain of a deceased person which had been removed during autopsy. The brain was not returned with the rest of the body to the next of kin and was subsequently disposed of after the autopsy by the coroner.

The ruling also applies to tissues, blood, or other body parts removed during the course of an autopsy.

Can dogs sue for injuries inflicted upon them? The following Ohio case held that the owners must sue on the dog's behalf:

"In this regard, the court noted that despite Boomer’s fine qualities as a dog, his status as “personalty” deprived him of the legal capacity to sue. Again, this is consistent with Oberschlake, in which we held that dogs cannot directly recover for their injuries. In particular, we stressed evidentiary problems that would arise if animals are allowed to sue directly. Id. at ¶ 18."
Pacher v. Invisible Fence of Dayton, 154 Ohio App.3d 744, 2003-Ohio-5333 at ¶21. (Thanks to Attorney Anne McFarland).

If dogs could be plaintiffs, there is already a lawyer for them! See the YouTube video, below. (Thanks to the Law Librarian Blog)

Those of you taking the First Amendment class this summer might be interested in this case:

Right to Life filed a complaint to strike down the Ohio law prohibiting the running of issue ads 30 days before an election, if the ads mention the name of a candidate running for office . See ORC 3517.1011(H) and other code sections referred to in the complaint. The suit was filed in federal court, Southern District of Ohio, Case No. 2:2008cv00492.

The complaint cites Federal Election Commission v. Wisconsin Right to Life, Inc. (2007), 542 U.S. 1305. The U.S. Supreme Court held that the Bipartisan Campaign Reform Act could not prohibit a corporation from financing ads concerning an issue, aired near election time, when the ad could reasonably be interpreted as something other than an appeal to vote for or against a specific candidate.

Right to Life wants to air ads before the November election concerning an Ohio Senate bill banning human cloning. See SB 174 . The organization wants to mention the names of Ohio legislators who are running for office.

Source: Right to Life Files Federal Lawsuit to Overturn Ohio Law Blocking Issue Advocacy Near Election Day, Gongwer News, Volume #77, Report #98, Article #08 --Tuesday, May 20, 2008.

The summer 2008 issue of Minority Law Journal [KF195 .M56 M56] features its 2008 Diversity Scorecard, an annual survey of minority hiring at the nation’s largest law firms [complete report online].

In preparing the Diversity Scorecard, the Minority Law Journal sent surveys to the 254 firms that are listed in the Am Law 200 or the National Law Journal’s 250 or both, representing the largest firms nationally. They received a total of 211 responses. Out of these responses, here are the rankings for five law firms with Cleveland offices.

Source: Minority Law Journal: An ALM Publication (Summer 2008)

In the past, lawyers who read the newspaper or court transcripts during CLE programs were criticized as not taking CLE seriously. Recently, I attended a CLE, and everybody had their Blackberries out. It is now an accepted practice, known as "multitasking". There has been lots of discussion regarding students multitasking on their computers during class. See Multitasking in the Classroom (Law Career Blog) and our prior post, Laptops No More?

But what about multi-tasking during a court proceeding? It could earn you the wrath of the judge ....

Recently, Cuyahoga County Common Pleas Judge David Matia noticed a defense lawyer checking his Treo wireless device while the judge was delivering jury instructions in a DUI case. The judge said he would hold the attorney in contempt unless the attorney donated $250.00 to Mothers Against Drunk Driving. The defense attorney said the judge was reading something that he and the prosecutor had already agreed upon, so it was OK for him to check his Treo for his next court date. See McIntyre, Michael K., Lawyer Learns His Lesson in Kindergarten Courtroom, The Plain Dealer, May 17, 2008.

You may have seen today's Plain Dealer article about the appeal of a $800,000 wrongful death verdict, for the death of a 71-year-old mentally retarded woman. How do attorneys come up with a damages figure to present to the jury or to propose a settlement to opposing counsel?

Books such as the Economic Foundations of Injury and Death Damages (2005), KF1260.A75 E26 2005 and Trying the Wrongful Death Case in Ohio: Strategies in Preparation and Valuation, KFO539.D43 B4 2002, explain how wrongful death damages might be computed. Another interesting resource is JVR Personal Injury Valuation Handbooks, KF1256.A8 P477 ,which contains wrongful death figures based on age. Need to know how much a broken arm or cervical strain is worth? JVR also has tables of figures for various bodily injuries, corresponding to the amount of medical expenses. Of course, you can always search a database of jury verdicts, such as those available on Lexis, Westlaw and Casemaker (available on the public access workstations). Ask the librarians about these and other sources for computing damages in personal injury cases.

The Columbus Dispatch, a long-time shareholder in National City, sued to reverse the deal that provided the much-needed $7 billion to the bank. The deal allowed selected institutional investors to purchase stock at a discount and gain 70% ownership of National City. The Dispatch claims that National City's board breached fiduciary duties to long-time shareholders because the deal diluted their interests without compensation. See Teresa Dixon Murray, Dispatch Sues to Halt National City Deal, The Plain Dealer, May 3, 2008. The docket for Dispatch Printing Co. v. National City Corp., Case No. 08 CV 006506, can be viewed on the Franklin County Clerk of Court's Case Information Online.

See our prior post National City Plagued by Shareholder and Employee Lawsuits.

Despite a $7 billion capital infusion, National City's troubles are far from over. Since the first of the year, shareholders and employees have been filing lawsuits against the company in the Federal District Court, Northern District of Ohio. The lawsuits are of three different types: (1) A securities class action, alleging that the company issued false and misleading financial statements. (2) Shareholder derivative suits filed by representatives of the company on behalf of the shareholders, asserting that executives harmed the company. These suits are more about seeking corporate reforms than recovering money. (3) Suits by employees claiming that company executives violated their duties as pension plan fiduciaries by misleading employees as to the financial strength of the company.

The suits are consolidated under National City Corporation Securities, Derivative & ERISA Litigation, Case No. 1:2008cv07000, before Judge Patricia A. Gaughan. For a copy of the docket, current as of this morning, see natlcitydocket.pdf . More information on the case can be obtained via the court's ECF system, with a PACER account.

Source: Jay Miller, Lawsuits Still Nat City Thorn Crain's Cleveland Business, Apr. 28, 2008 (available from their site with password - password available at the reference desk. Will soon be available on LexisNexis).

The City Club Forum on Friday, May 2, 2008 will feature Cleveland-Marshall Professor and Associate Dean for Academic Affairs, Phyllis L. Crocker, speaking on The Rule of Law: Foundation for Communities of Opportunity and Equity, about fairness issues and Ohio’s death penalty. Information and Reservations. The City Club is at Euclid Ave. & E. 9^th, and in case you weren’t aware, it has student memberships . See CityClub.org

Dean Crocker headed the ABA team that produced the comprehensive report Evaluating Fairness and Accuracy in State Death Penalty Systems: The Ohio Death Penalty Assessment Report, An Analysis of Ohio’s Death Penalty Laws, Procedures, and Practices (2007). The 495 page report is available electronically.

Bar Association Law Day is in partnership with the Cleveland Metropolitan Bar Association (recently formed by the merging of the Cleveland and the Cuyahoga County Bar Associations).

Wednesday, the U.S. Supreme Court ruled that Kentucky's lethal injection method does not violate the 8th Amendment. Baze v. Rees, No. 07-5439 (Apr. 16, 2008). Ohio's lethal injection method is similar to Kentucky's. The Baze decision may resolve a federal lawsuit filed by Ohio death row inmates, claiming that Ohio's lethal injection method is unconstitutional. There is also a Lorain County case pending where the trial judge is determining whether the lethal injection process amounts to cruel and unusual punishment. Death penalty opponents argue that Baze does not address mistakes in the injection process that have prolonged executions. See Reginald Fields, Ohioans React to Lethal Injection Ruling , The Plain Dealer, Apr. 17, 2008, Alan Johnson, Lethal Injection Gets Go-Ahead Columbus Dispatch, Apr. 17, 2008. Reginald Fields, Supreme Court upholds Kentucky's Lethal Injection Process; Clears Way for Ohio to Move Forward with Executions.,Openers Political Blog.

For more information on the federal suit challenging Ohio's death penalty, see More Inmates Challenge Lethal Injection, Cleveland Law Library Blog.

See our prior post: Ohio Death Penalty News

Adjunct Professor Alan Rossman will speak about the case on Tuesday April 22, from noon to one, LB 202. The lunch presentation is open to the first 30 C-M students/faculty/staff who RSVP to Jason Grimes by Monday.

The eagerly awaited Chancellor Eric Fingerhut’s Strategic Plan for Higher Education 2008-2017 ( Executive Summary ) and the Board of Regents’ Report on the Condition of Higher Education in Ohio: Meeting the State’s Future Needs ( Executive Summary ) are now available. Both were issued March 31, 2008. Planning within and among Ohio's colleges, universities, community colleges, technical colleges, K-12 education, the business community and government can move on to the next planning stages of this major initiative.

Eric Fingerhut, State Higher Education Chancellor, has decided against merging, Cleveland State University and the University of Akron for the time being. In its place, he has asked each school to focus on creating centers of excellence, something that all Ohio public colleges must do within his 10-year plan. His decision was based on the lack of will, not only by the universities, but also by business and civic leaders. Progress will be gauged each year at an annual meeting with the leaders of the 4 public universities. However, if he does not see progress, he will reevaluate his strategy. Chancellor Fingerhut discussed the merger issue yesterday, at the Akron Roundtable. Listen to an audio of his speech. Later this month the Ohio Board of Regents will issue their report on the condition of higher education and separately, Chancellor Fingerhut will release his strategic plan and goals for the University system over the next 10 years.

As federal law does not explicitly* prohibit discrimination against gays and lesbians, it falls to the states and cities to pass such legislation. Ohio legislators recently introduced bills which aim to end discrimination based on sexual preference, HB 502 and SB 305. Republican House Speaker, Jon Husted, appears to be in favor of the bill, because, "We need to be an inviting place for a quality workforce." Source: Advocates of Anti-Discrimination Legislation Begin Drive for Passage in House, Senate Gongwer News Service, March 12, 2008. Ohio would be the 22nd State to pass this type of legislation. See Ohio Lawmakers Seek Sexual Orientation Protections Mansfield News Journal, Mar. 12, 2008 (AP article).

To find out which Ohio cities have ordinances against discrimination based on sexual preference, see Over Half the Nation Will be Covered by an Equality Law by Brian DeWitt, Gay People's Chronicle, May 11, 2007. You may want to check the ordinances of a particular city, because it is possible an ordinance was passed after this article was written.

*Note: Federal law prohibiting discrimination based on gender may possibly be utilized in a case where discrimination occurred based on sexual preference, depending on the circumstances.

There are several new resources related to this critical issue area that you may find useful:

SUBPRIME-FILING. Use this to retrieve selected trial court filings from both federal and state courts.

Earlier this month the Ohio Supreme Court announced that it has made available to Ohio courts a Foreclosure Mediation Program.

To gain a better perspective on impact related to Cleveland and Cuyahoga County, the CWRU Mandel School of Applied Social Sciences, Center on Urban Poverty and Community Development has issued Foreclosure and Beyond - A Report on Ownership and Housing Values Following Sheriff’s Sales, Cleveland and Cuyahoga County, 2000-2007 by Claudia Coulton, Kristen Mikelbank & Michael Schramm.

see U.S. General Accountability Office Report - GAO-08-78R (October 16, 2007,) Information on Recent Default and Foreclosure Trends for Home Mortgages and Associated Economic and Market Developments

<While this issue area was not his main focus, you may also want to listen to remarks by the U.S. Secretary of HUD, Alphonso Jackson, Feb. 22 at the City Club of Cleveland. A podcast of his remarks is available for listening or downloading. (Aside - you can check the list of available podcasts of City Club speakers at Podcasts. Need more info about City Club podcasts? Click here )

Cleveland Marshall's Democratic Law Organization (D-LO) held a very informative presentation today highlighting the similarities and differences between presidential candidates Hillary Clinton and Barack Obama. For those who missed it, check out D-LO's powerpoint presentation. At the end of the presentation, links for more information are provided. There are links such as 2decide.com ,an independent source with information on both Democrat and Republican candidates.

Professor S. Candice Hoke spoke concerning how you can make sure your vote counts. One suggestion for absentee ballots was to find out how your signature is registered at the Board of Elections. For example, you may use your initial or spell out your first name. If the signature on your absentee ballot does not match the signature on file with the Board of Elections, your ballot can be rejected.

You may also want to look at Judge4Yourself.com ,which has ratings of the candidates for judicial office running in the 2008 contested Democratic primaries. (All the Republican candidates for judicial office have no opposition) Local bar associations surveyed their members to obtain the ratings.

Governor Ted Strickland issued a new Executive Order Feb.12th to implement Common Sense Business Regulation in Ohio. The press release 2008-04S and the text of the order 2008-04S list a number of fairly significant new guidelines for state agencies to follow as they review their regulations, and as they draft and prepare to submit any to JCARR. Rules under the regular 5-year review will be examined in view of these standards, with some rules likely to be reviewed sooner.

Creating this "more efficient and effective regulatory environment" should make Ohio a more attractive place in which to do business. The announcement mentioned Governor Strickland's noting that "Regulations for conducting business in Ohio exist to promote health, safety, and economic vitality."

According to the Report in the Gongwer News Service the development is a product of collaborative work of business leaders and the Governor's special representative on regulatory reform, Scott North.

Current rules: Ohio Administrative Code

Ohio 127th General Assembly HB 248 would allow companies to provide advances to persons with a pending civil claim, if the person is represented by an attorney. In exchange, the company would receive a right to a percentage of the recovery in the civil action. If the person loses their case, they do not have to pay the legal funding company anything. The House Civil & Commercial Law Committee will consider the bill on Wednesday. (House Committee Schedule). Source: House Bill Would Allow Legal Funding Advances in Ohio , Gongwer News, Feb. 1, 2008.

From Supreme Court of Ohio Opinion Summaries:

"The Supreme Court of Ohio ruled 7-0 today that an Ohio municipality does not exceed its authority under the “home rule” provisions of the state constitution by creating an automated system for enforcement of traffic laws that imposes civil liability on violators, provided that the municipality does not alter any statewide traffic regulation."

Mendenhall v. Akron, Slip Op. No. 2008-Ohio-270. This issue was referred to the Ohio Supreme Court by the federal district court. Upon return of the case to federal court, there may be constitutional due process issues left to resolve.

Recently, Medina County Courts began to post video clips of Sentencing and Contempt hearings from their General and Domestic Relations Divisions. The page provides a short summation of the facts for each case. They have named the page insidethecourt.net.

H.B. 30 , if passed, would require cities to post signs at highway exits indicating that the city is using red light cameras and/or speed cameras. The bill would also require the timing of the lights at traffic-camera- monitored intersections to conform to the Ohio Manual of Uniform Traffic Control Devices.

The Ohio cities currently using red light cameras are: Cleveland, Columbus, Dayton, Middletown, Northwood, Springfield, Sylvania Township and Toledo; and the cities using speed cameras are: Akron, East Cleveland, Northwood and Toledo. Source: Jonathan Nawn, "Legislator Seeks to 'Raise Awareness' of Traffic Cameras", The Daily Reporter, Jan. 17, 2008. (Thanks to Marie Rehmar for this article.)

A bill from the previous Ohio General Assembly, HB 56 would place restrictions on traffic cameras, such that it would be impractical for cities to use them. Governor Taft vetoed HB 56. See Legislature Passes Traffic Camera Bill, Veto Uncertain, Cleveland Law Library Blog, Dec. 13, 2006.

The Ohio Supreme Court is reviewing whether cities have the power under the home rule provision of the Ohio Constitution to impose civil penalties for speeding and running red lights. Mendenhall v. The City of Akron, Case No. 2006-2265 Court docket & briefs , Oral argument preview, Argument video. A federal court submitted the question to the Ohio Supreme Court. After the Ohio Supreme Court decides the submitted question, there may be due process issues left for the federal court to decide.

Cleveland Marshall's Employment Law Clinic told the Ohio Supreme Court that a proposed rule allowing Ohio courts to sell records in bulk would have a negative impact on job-seekers whose records were expunged. The Clinic's comments were written by law student Thomas Fitzpatrick under the supervision of Clinical Professor Gordon J. Beggs. The comments state that a background check company that buys the court records may not update the records for later expungements. Bulk sales of records should be disallowed, said the Clinic, unless adequate safeguards can be made to ensure that background check companies keep up-to-date records.

See our prior post: Groups Weigh In on Proposed Ohio Court Record Privacy Rules