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Supreme Court Seeks Comments on Proposed Rule Changes
The Ohio Supreme Court will accept public comments until October 15 on amendments to the annual update to the Rules of Practice and Procedure.

The proposed amendments to the Rules of Practice and Procedure concern changes to the rules of appellate procedure, civil procedure, and juvenile procedure. Many of the proposed changes would make simple clarifications, target inconsistencies, or account for renumbering of rules. There are, however, a few substantive changes to existing rules and two new rules.

•    New rules (Civ.R. 43 and Juv.R. 41) would allow live open court testimony from a location outside the courtroom. The new civil rule relates to amendments to two Ohio Revised Code statutes in 2011. Those amendments required a court to permit a parent on active duty in the Armed Forces to participate in custody or visitation proceedings and to present evidence electronically. Similar to Civ.R. 43, the new juvenile rule avoids conflict with the Confrontation Clause because it does not allow the remote contemporaneous testimony in adjudicatory hearings in delinquent, unruly, and juvenile traffic cases and adult criminal trials.

•    Proposed amendments to App.R. 3, App.R. 9, and App.R. 11.2 address expedited appeals. App.R. 3 provides notification currently lacking in some appellate districts to alert the court that there needs to be a priority disposition in a case. App.R. 9 recognizes that in an expedited judicial bypass appeal from the juvenile court, there is no requirement of a written transcript if an audio recording is available. App.R. 11.2 adds prosecutorial appeals from suppression orders under criminal and juvenile rules to the list of expedited appeals.

•    Proposed amendments to App.R. 26 would clarify that a majority of an en banc court must participate in the initial determination to resolve conflicts of law that arise within a district when different panels of judges consider the same legal issue, but reach different results. A 2013 Ohio Supreme Court case found that the original three-judge panel could make the determination as well as the full complement of the appeals court’s judges.

According to the Ohio Constitution, proposed amendments to Rules of Practice and Procedure must be filed with the General Assembly by Jan. 15, 2015. The Supreme Court can revise and file the amendments with the General Assembly before May 1, 2015. The amendments would take effect on July 1, 2015, unless before that date the General Assembly adopts a concurrent resolution of disapproval.

Publication of the proposed amendments to Rules of Practice and Procedure for public comment at this time does not imply that the Supreme Court endorses or will approve for filing with the General Assembly any or all of the proposed amendments.

Access the text of the proposed Rules of Practice and Procedure amendments by cutting and pasting the following into your browser:  http://www.supremecourtofohio.gov/ruleamendments/documents/Rules%20for%201st%20Publication%20(September%202014).pdf.  


Comments should be submitted in writing to:

Jo Ellen Cline, Government Relations Counsel
65 S. Front St., Seventh Floor
Columbus, Ohio 43215
or
j.cline@sc.ohio.gov


Please be advised the OSC announced this week it will accept public comment until October 15 on proposed amendments to the Ohio Rules of Professional Conduct concerning tech, confidentiality, client development, solicitation and other advertising issues.


Public Comment Sought on Professional Conduct Rules Amendments


By Bret Crow
September 15, 2014

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The Ohio Supreme Court will accept public comment until October 15 on proposed amendments to the Ohio Rules of Professional Conduct concerning technology, confidentiality, client development, client solicitation, and other matters.

An update to the American Bar Association’s Model Rules of Professional Conduct spurred the Supreme Court’s Board of Commissioners on Grievances & Discipline to review and recommend adoption of the changes. The board also considered other changes – proposed by Ohio lawyers – to the professional conduct rules and Gov. Bar R. III.


A few of the more significant changes under consideration include:


•Requiring lawyers to maintain competency regarding the risks and benefits of technology (Rule 1.1), including making reasonable efforts to prevent the unauthorized disclosure of or access to confidential client information (Rule 1.6).

•Revising Rule 4.4 (Rights of Third Persons) to add electronically stored information to the scope of the rule and to expand on a lawyer’s duties if he or she mistakenly receives this type of information.

•Modifying Rules 7.1, 7.2, and 7.3 (Lawyer Advertising) to reflect advertising and solicitations that may be made via the Internet and in electronic format. In addition, the Ohio-specific portion of Rule 7.3 would be revised to correspond to references to telemarketing laws and rules contained in Board Advisory Op. 2013-2 (text message solicitations).

•Amending Rule 1.6 (Confidentiality) to allow lawyers to make a limited disclosure of confidential information to detect and resolve conflicts associated with a change in employment or a change in the ownership or composition of a law firm.

•Amending Rule 7.3 to prohibit the solicitation of potential clients who are minors or who are unable to make informed decisions regarding representation.

View the complete language of the proposed amendments.

Comments should be submitted in writing to:

Richard A. Dove, Secretary, Board of Commissioners on Grievances & Discipline
Ohio Supreme Court
65 S. Front St., Fifth Floor
Columbus, OH 43215
or
rick.dove@sc.ohio.gov.

Lorain Municipal Court Local Rule

Lorain Municipal Court is implementing an e-ticket local rule similar the one for which Oberlin and Avon Lake Municipal Courts recently sent notice.  Attached is a notice of the change and the rule itself.

The Court is seeking any comments you may have to the amended rule.  Please provide them at your earliest convenience (no later than October 14, 2014) by replying to this email or by sending them directly to the Court.  Any comments received by us will be immediately forwarded to the Court for consideration.

LOCAL RULE 31

The Lorain Municipal Court herewith adopts the following Rule 31 as a Local Rule of Court effective Tuesday, September 30, 2014. A copy of this Rule will be filed with the Supreme Court of Ohio in accordance with Superintendence Rule 5. This Court shall afford notice and opportunity for comment hereafter.

The Court determines that there is an immediate need for rule adoption to expedite the use of an electronically produced ticket in the City of Lorain, Lorain County, Ohio, the City of Sheffield Lake, Lorain County, Ohio, and the Township of Sheffield, Lorain County, Ohio. The Ohio Highway Patrol is leading a project that may replace the traditional traffic ticket with either a hybrid ticket or paperless electronic ticker (e-ticket) generated from a computer. 

Local Rule 31. Use of electronically produced ticket.

(A) Authorization. The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in The Lorain Municipal Court. The electronically produced ticket shall conform in all substantive respects to the "Ohio Uniform Traffic Ticket" set forth in the Ohio Traffic Rules' Appendix of Forms. If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall serve the defendant with the defendant's paper copy of the ticket as required by Rule 3 (E) of the Ohio Traffic Rules.

(B) Form of Affidavit. In every case in which an electronically produced ticket is used and filed, the ticket shall use forms that are substantially similar to Form 29.01-A (Court Record) and Form 29.01-B(Abstract). 

(C) Applicability. Purpose and scope of this rule is limited to the use and filing of an electronically generated paper ticket only and is not intended to authorize an e-ticket or paperless ticket other than an e-ticket or paperless ticket.


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