Ohio Supreme Court To Discontinue Bound Volumes of Appellate Court Decisions

April 30, 2012

On April 23, 2012 the Ohio Supreme Court announced that bound volumes of Ohio appeals court and trial court decisions will be discontinued as of July 1, 2012. From the Court’s announcement:

Proposed amendments to the Supreme Court Rules for the Reporting of Opinions that incorporate this new practice were announced [on April 23, 2012]. The Ohio Supreme Court will accept public comments on the proposed amendments until May 22.

Ohio Supreme Court opinions are not affected by this decision and will continue to appear in the Ohio State 3d bound volumes as well as on the Ohio Supreme Court’s website.

The change will affect the frequency of publication for the Ohio Official Reports Advance Sheets to every other week instead of the current weekly publication. A table that includes a brief description of every appellate decision for the Advance Sheets will continue to be published by the Reporter’s Office.

Comments should be submitted in writing to: Sandra Grosko, Reporter of Decisions, 65 S. Front St., Eighth Floor, Columbus, Ohio 43215 or sandra.grosko@sc.ohio.gov

According to the proposed amendments to the Supreme Court Rules for the Reporting of Opinions, all opinions of the courts of appeals and the Court of Claims shall, upon transmission to the Supreme Court, be promptly posted to the Supreme Court website.

Advertisements

Ohio Supreme Court’s Amended Rule for Reinstatement Effective April 1, 2011

March 30, 2011

The Supreme Court of Ohio has adopted amendments that will allow suspended attorneys, in limited circumstances, to apply for reinstatement while subject to probation or other post-conviction sanction. The amendments become effective April 1.

Amendments to Rule V, Section 10 for the Government of the Bar of Ohio will allow a respondent who is serving a term suspension of six months to two years to apply for reinstatement to the practice of law before “completing a term of probation, community control, intervention in lieu of conviction, or sanction imposed as part of a sentence for a felony conviction” if the disciplinary order allows it.

A lawyer serving a suspension of more than two years is ordinarily barred from seeking reinstatement to the practice of law while subject to probation or other post-conviction sanction. However, the amendments permit an indefinitely suspended lawyer to petition for reinstatement if the lawyer can demonstrate compliance with the terms of the court-ordered sanction and can provide evidence sufficient to show by clear and convincing evidence that good cause exists for reinstating the lawyer.

Under the revised rule, the Board of Commissioners on Grievances and Discipline could only recommend early reinstatement if it finds by clear and convincing evidence that good cause exists for waiving the reinstatement requirement. The Supreme Court would review the board’s recommendation and make the final decision as to whether reinstatement is appropriate.

The text of the amendment can be found online at http://www.supremecourt.ohio.gov/PIO/news/2011/ruleAmend2_032811.asp.


Supreme Court of Ohio Seeks Comments on Specialized Dockets Rule

February 8, 2011

The Supreme Court of Ohio will accept public comments until March 8 on a new rule that outlines standards to help guide local courts if they are currently operating or considering starting a specialized docket. The rule defines a specialized docket as “a particular session of court which offers a therapeutically oriented judicial approach to providing court supervision and appropriate treatment to individuals.”
 
The 12 standards proposed under Rule 36.02 of the Rules of Superintendence for the Courts of Ohio are intended to create a minimum level of uniform practices yet still allow courts to tailor operations to meet their individual needs. Some of the standards require courts to engage in a planning process, use a non-adversarial approach, hold regular treatment team meetings, and conduct regular status review hearings. Text of proposed amendments available on the Court’s website.
 
Comments on the proposed amendments should be submitted in writing to: Melissa Knopp, Specialized Dockets Section manager, Supreme Court of Ohio, 65 S. Front St., Sixth Floor, Columbus, Ohio 43215 or Melissa.Knopp@sc.ohio.gov.


Supreme Court of Ohio Seeks Comments on Rules of Practice and Procedure

October 8, 2010

The Supreme Court of Ohio will accept public comments until November 2, 2010 on proposed amendments to the Ohio Rules of Appellate Procedure (4, 9, 21, 25, 26, and 43), Ohio Rules of Civil Procedure (53 and 86), Ohio Rules of Criminal Procedure (19 and 59), and Ohio Rules of Juvenile Procedure (1, 40 and 47). Details including a link to the text of the proposed amendments here.


New Uniform Domestic Relations Forms Effective July 1

July 2, 2010

The Supreme Court of Ohio has adopted new uniform domestic relations forms, effective July 1:

  • Uniform Domestic Relations Form – Affidavit 1
    Affidavit of Income and Expenses
    Approved under Ohio Civil Rule 84
    Effective Date: July 1, 2010
  • Uniform Domestic Relations Form – Affidavit 2
    Affidavit of Property
    Approved under Ohio Civil Rule 84
    Effective Date: July 1, 2010
  • Uniform Domestic Relations Form – Affidavit 3
    Parenting Proceeding Affidavit
    Approved under Ohio Civil Rule 84
    Effective Date: July 1, 2010
  • Uniform Domestic Relations Form – Affidavit 4
    Health Insurance Affidavit
    Approved under Ohio Civil Rule 84
    Effective Date: July 1, 2010
  • Supreme Court of Ohio
    Uniform Domestic Relations Form – Affidavit 5
    Motion and Affidavit or Counter Affidavit for Temporary Orders Without Oral Hearing
    Approved under Ohio Civil Rule 84
    Effective Date: July 1, 2010

Text of the forms. [JH]


Amendments to Rules 10, 10.01 and 10.03 and Domestic Violence Forms of the Rules of Superintendence for the Courts of Ohio Effective July 1

July 2, 2010

The Supreme Court of Ohio has adopted amendments to Rules 10, 10.01, and 10.03 of the Rules of Superintendence for the Courts of Ohio and related domestic violence and stalking protection order forms, which become effective July 1.

The new forms include:

  • A place for a court to distinguish between a “Civil Stalking Protection Order” and a “Civil Sexually Oriented Offense Protection Order” and indicate the type of protection order being granted pursuant to ORC section 2903.214.
  • Clear waiver language in the civil stalking protection order form to include explicit language about waiver of findings, waiver of hearing, etc.
  • A provision for electronic monitoring in the civil stalking protection order forms pursuant to ORC section 2903.214.
  • New forms for modification or early termination of domestic violence civil protection orders, which respond to domestic violence statutory provisions.
  • New forms for contempt of domestic violence civil protection orders, which will help pro se litigants inform the court of violations of the court’s order.

Text of Amendments to Rules 10, 10.01 and 10.03 and Domestic Violence Forms of the Rules of Superintendence for the Courts of Ohio.

Text of Forms on the Ohio Supreme Court’s Domestic Violence resources web page.


Pro Se Litigants Guide for Preparing Appeals to Supreme Court of Ohio

March 5, 2010

The Ohio Supreme Court has published, Filing an Appeal in The Supreme Court of Ohio: A pro se Guide (2010) (pdf) for pro se litigants who are preparing appeals  from one of Ohio’s Courts of Appeal.