January 2018 Dayton Bar Briefs

The Magazine of the Dayton Bar Association | JANUARY 2018 | Vol. 67, No. 5

Dayton

Bar Briefs

CRYPTOWhat? details on page 20

By Chad Burton Esq. CEO, CuroLegal

Barrister of the Month Robert T. Dunlevey Jr. Esq. pg 6

Rising Star

Meagan D. Woodall Esq. pg 12

Criminal Law "A Whole New Code" pg 10

Dayton

CONTENTS

Bar Briefs

January 2018 | Vol. 67, No. 5

Dayton Bar Association Board of Trustees 2017 – 2018

Features 4 PRESIDENT'S MESSAGE: Our Executive Director's First One Hundred Days

By Brian L. Wildermuth Esq., DBA President & David P. Pierce Esq., DBA 1st Vice President

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BARRISTER OF THE MONTH: ROBERT T. DUNLEVEY JR. ESQ.

By Nadia A. Klarr Esq.

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CRIMINAL LAW COMMITTEE

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DBA RISING STAR: MEAGAN D. WOODALL ESQ.

Brian L. Wildermuth President

David P. Pierce First Vice President

Hon. Mary L. Wiseman Second Vice President

Cara W. Powers Secretary

Jonathon L. Beck Treasurer

Cassandra L. Andres Rice Member–at–Large

Angelina N. Jackson Member–at–Large

Hon. Timothy N. O’Connell Member–at–Large

Fredric L. Young Member–at–Large

Susan D. Solle

Immediate Past President

John M. Ruffolo, ex officio Bar Counsel

Sally Dunker, ex officio Executive Director

By Michael P. Dailey Esq.

By Zachary S. Heck Esq.

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JUVENILE LAW COMMITTEE

By Mag. Gerald Parker

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2017 Montgomery County Juvenile Court Certification Recap

LABOR & EMPLOYMENT COMMITTEE What's On Your Year-End To-Do List?

By Breanne N. Parcels Esq.

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BITCOIN NEWS

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FROM THE JUDGES DESK

Juvenile Adjudications Cannot Enhance Adult Sentences A Look at State v. Hand

By Hon. Erik R. Blaine

Crypto-What?

By Chad E. Burton Esq., CEO CuroLegal

and Its Progeny to Date

DAYTON BAR BRIEFS is published by the Dayton Bar Association, 600 Performance Place, 109 N. Main St., Dayton, OH 45402–1129, as its official publica­tion for all members. Comments about this publication and editorial material can be directed to the Bar Associa­tion office by the fifth day of the month preceding the month of publication. The DAYTON BAR BRIEFS is published September through July.

Departments 16 CONTINUING LEGAL EDUCATION

27 CLASSIFIEDS & MARKETPLACE

Paid subscription: $30 / year

Sat. January 20th | 9:00-11:00am | The Foodbank Dayton, 56 Armor Place Dayton, OH 45417

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PARALEGAL COMMITTEE MEETING

Thurs. January 18th | 5:30-7:30pm | Brixx Ice Co., 500 East First St., Dayton

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2018 ROBERT N. FARQUHAR MOCK TRIAL COMPETITION

Fri. January 26th | Training/Lunch: 11:00am; Trials: 12:00-4:00pm | Montgomery County Courts

Library of Congress ISSN #0415–0945 Sally Dunker, Executive Director Shayla M. Eggleton, Communications Manager Phone: 937.222.7902 Fax: 937.222.1308 The contents expressed in the publication of DAYTON BAR BRIEFS do not necessarily reflect the official position of the Dayton Bar Association.

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A Whole New Code

Dayton Bar Briefs January 2018

Upcoming Events 15 DBA VOLUNTEER DAY@ THE FOODBANK DAYTON

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Your generous gift will make a difference.

The Dayton Bar Association Foundation is the charitable giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBA Foundation to continue to fulfill its mission of funding innovative local organizations in their quest to improve our community by promoting equal access to justice and respect for the law.

In the past few years your contributions helped to fund grants from the DBA Foundation to:

- Greater Dayton Volunteer Lawyers Project - Advocates for Basic Legal Equality (ABLE) - Legal Aid of Western Ohio (LAWO) - Life Essentials Guardianship Program - Law & Leadership Institute - Tejas K-12 Gallery - NCCJ Police and Youth Camp - Wills For Heroes

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DETACH AND RETURN

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To: Dayton Bar Association Foundation, 600 Performance Place, 109 N. Main St., Dayton OH 45402-1129 I am pleased to support the Dayton Bar Association Foundation with a gift of:

 $50  $100  $250  $500  Other $_________

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January 2018 Dayton Bar Briefs

3

PRESIDENT’S DESK

Our Executive Director’s First One Hundred Days

O O

n September 11, 2017, Sally Dunker became the new Executive Director of the Dayton Bar Association, bring with her a wealth of experience in association management. To the surprise of no one on the Board or the Search Committee, Sally has truly “hit the ground running.” As her 100th day in service approaches, we thought it appropriate to highlight some of the developments and changes Sally, the DBA Staff and the Board have implemented.

One of the fundamental responsibilities of the Executive Director is to manage the Association’s finances. On her first day, when Bill Wheeler asked where she would like to start, Sally said: “Show me the budget!” She has since performed a comprehensive review and laid the groundwork for preparing a proposed budget for the next fiscal year (starting July 1, 2018). Sally also recommended, and the Board implemented, creation of a Budget and Finance Committee, which will meet regularly to focus on the financial health and practices of the Association. The Board also retained Duvall & Associates, Inc. to conduct a complete financial audit and we are happy to report “clean” audit results. The Association’s fiscal house is in order.

Another important role of the Executive Director is member relations. We want Sally to meet and get to know our Members, so as to better serve their needs and make use of their talents. To that end, she has attended most Association events and activities within our legal community plus we have begun a series of meetings with law firms and public offices. We look forward to seeing more of you after the holiday season.

We are also looking forward to January’s implementation of a new DBA website, new association management software, and a revamped Lawyer Referral Service. The Board acted on these fronts before Sally started, but she and the DBA Staff have worked closely with the vendors bringing us to the cusp of realizing the Board’s vision. We are confident that the new website and a more technology-driven Lawyer Referral Service will greatly enhance Member value.

Over the past months, Sally has also worked with the Board to further development of a new strategic plan. The Board has retained a facilitator and sessions are being planned for the first quarter of 2018. Sally, the Staff and the Board are committed to creating and implementing a dynamic plan – one that will set forth the principles and priorities that guide all that we do as an Association in the years to come.

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Dayton Bar Briefs January 2018

By Brian L. Wildermuth Esq. DBA President Subashi & Wildermuth

By David P. Pierce Esq DBA 1st Vice President Coolidge Wall Co., LPA Here is just a partial list of other action areas Sally has spearheaded during the past three months: • Reorganization of the Staff and their duties and responsibilities as well as creation of a Senior Management Team • Collaboration with peer executives from Ohio Metro Bar Associations and the Ohio State Bar Association on areas of common concern • Working with the Dayton Bar Association Foundation regarding development of a strategic plan and future fund raising opportunities • Development of a more strategic marketing program for our various Member products and services • Consideration of replacing the Personnel Placement Service with a preferred professional outside vendor • Development of an updated Employee Handbook • Development of a Social Media Policy • Continuing to provide and promote quality CLE programs While no one can match the FDR standard, Sally has, indeed, been busy these past 100 days. We are confident her productivity, experience-based insight, and sound management will continue to serve the Association well into the new year and beyond. Please join us in wishing Sally continued success.

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Trust

HERBERT M. EIKENBARY What is The Eikenbary Trust?

The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/ reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance.

Through the efforts of the Trustee's and the Dayton Bar Association's counsel, we have been successful with the Court to better effectuate the purpose of Mr. Eikenbary's Will by increasing the amount of loans made to young attorneys, which was originally only $500.00, to $4,000 per grant.

The maximum available individual loans, are up to $6,000.00 at 4% interest. This is indeed a big difference from the original loan amount of $500, but the interest amount has remained the same so the financial burden will not be weighted heavily.

welcome new members ATTORNEY Zachary J. Cloutier Subashi & Wildermuth Admitted to Ohio Bar: 11/17, MO 9/15, KS 11/15 Shelbie W. Harvey Thompson Hine LLP Admitted to Ohio Bar: 11/17

How to Apply?

Application forms are available from the Herb Eikenbary Loan & Grant Program through the Eikenbary Advisory Committee of the Dayton Bar Association. If you would like to take advantage of these programs, contact:

Sally Dunker, DBA Executive Director Dayton Bar Association 109 N. Main St., Suite 600 Dayton, OH 45402-1129

Keara R. Schreiber Bradley & Associates Admitted to Ohio Bar: 11/17 Emily K. Zainey Horenstein Nicholson & Blumenthal Admitted to Ohio Bar: 11/12 LAW STUDENT Tasha M. Mills

Dedicated to protecting the rights of children, individuals and families.

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Robert W. Lipp III Rated by Super Lawyers

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Plaintiff Medical Malpractice

Call Today! 937.294.3600 www.LippLaw.com rlipp@lipplaw.com January 2018 Dayton Bar Briefs

5

BARRISTER OF THE MONTH

Robert T. Dunlevey Jr., Esq.

II

t was a Monday, and we had a new attorney in the office. “New” is a misnomer.

Bob Dunlevey, a prominent labor lawyer whose reputation preceded him in almost any circle, left the firm he founded in Dayton over three decades ago to join the labor group at Taft. And I was the lucky associate to whom he gave his first assignment.

I went into his office, partially terrified, partially intimidated, and partially excited to prove myself to him. What followed has been one of the greatest experiences I have had as a young attorney – true mentorship from an exceptional attorney who has committed himself to my unfettered growth and development.

A true Daytonian and Ohioan through and through, Bob was born in Dayton in 1947. Both of his parents were also from Ohio. His father, a master plumber, was raised in Dayton, and his mother, whom Bob describes as a “woman before her time” and who became the head administrator and runner of the family business, hailed from Springfield. The Dunleveys also had a daughter, Lucy, who is about eight years Bob’s junior and still lives in the Dayton area.

Bob attended grammar school at Holy Angels and then went to Chaminade, where he graduated in 1965. While at Chaminade, Bob was incredibly active in high school.

He was involved in Sodality, a religious club for men, and he played football and tennis all four years of high school, in addition to being a class officer. Whether it was simply

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Dayton Bar Briefs January 2018

a different era or a sign of Bob’s gregariousness, the friends he made at Chaminade have remained his lifelong comrades, many of whom he continues to play golf with every Friday afternoon.

The Dunleveys instilled a strong sense of independence and a tireless work ethic in their children through the family business.

Although his dad ultimately prevailed in dissuading him from joining T.E. Dunlevey & Son, of which Bob’s dad was the “Son,” Bob worked for the family business every holiday and summer from his seventh grade through college. During his senior year of high school, after his dad had a heart attack, Bob took on a more active role in the company and ran the business for several months. It was a rough and tumble industry, and it gave rise to Bob’s desire to work in labor relations after he watched his dad fight with the labor unions early on in his high school days. It was during this time in the family business that Bob learned how to excel amongst the chaos.

Bob started his college studies at the University of Dayton. While he liked the school, he didn’t choose to attend UD after extensive research and forethought. Being the active and popular senior, he got a little behind in completing college applications.

So, he made a trip to the guidance counselor’s office and admitted that he didn’t apply to schools. The resulting actions of the guidance counselor is a true testament to Bob’s character – he called a contact he had at UD and encouraged the school to

admit Bob, whom he described as a fine young man who would be happy to fill out an application. Not surprisingly, Bob was admitted to the school, where he spent one year studying before transferring to Ohio State University. He went on to spend three years at OSU, and they were, by his own acknowledgement, the best years of his life.

While there, he studied economics, sociology, and political science. He also graduated from the Department of Aviation, joined the Phi Delta Theta fraternity, and participated in advanced ROTC, where he volunteered to join the Army and volunteered to deploy to Vietnam. Bob was young, eager, and he wanted to save the world. It was during this time when Bob hearkened back to his days working alongside his dad. He decided that becoming an attorney would fulfil his desire to work in labor relations, so he told his ROTC Colonel that he wanted to go to law school. He completed the requisite forms, and the ROTC granted his application to defer deployment so that he could attend law school.

The University of Cincinnati College of Law was the next school to host Bob. He tapped into that work ethic that his parents had instilled in him in his youth. In addition to the traditional legal coursework, Bob did highway construction in the summers to support himself through law school. After law school, he went back to the Army to fulfill his two–year commitment. However, while in the infantry, he received a letter continued on page 7

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BARRISTER OF THE MONTH: Robert T. Dunlevey Jr., Esq. continued from page 6 informing him that because the war was winding down, the Army regretfully could not honor its commitment to him, and after he completed advanced infantry training, he got out of the military.

Bob transitioned from the infantry to working as a corporate labor attorney for Eltra Corporation, a Fortune 200 corporation that employed 23,000 employees in fifteen separate divisions and subsidiaries. There, he was one of three labor attorneys who travelled across the country counseling plant and division personnel in all phases of labor relations and negotiating and administering collective bargaining agreements throughout the United States. He also worked under a prominent labor attorney who had represented Chrysler during the historical auto strikes and set in place the labor relations policy of the time. This same attorney would be one of Bob’s first and greatest mentors in the practice of law.

After traveling the country with Eltra for a little over a year, Bob transitioned into private practice in 1974. He associated himself with Smith & Schnacke in Dayton, Ohio, where he defended major corporations and private businesses on all types of labor and employment law issues. While there, he met Judge Michael Merz, who, while practicing in litigation, would nevertheless become another one of Bob’s mentors. In 1976, Bob went back to the family business for a short period of time to manage it and help with his family’s real estate management business before he was called upon by Jim Kirkland of Legler, Lang and Kuhns. The firm needed an employment attorney and, not surprisingly, it had its eyes on Bob. He accepted the offer and ended up represent-

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ing the Ohio Education Association and handled approximately one–third of the state of Ohio, primarily defending teachers in termination cases.

Bob stayed at Legler, which had become Lang, Horenstein and Dunlevey after Bob became a partner, until 1984, at which point he left and founded Dunlevey and Mahan, which later became Dunlevey, Mahan + Furry after Richard Furry joined approximately two years later. Bob continued to grow the firm. He had a unique vision for his firm and genuinely sought to develop each attorney who walked through the doors of Dunlevey, Mahan + Furry. For example, during a time period when many women were leaving the practice due to not being able to have flexibility with their families, Bob saw the value in the contributions these women made to the practice, and so he brought several women on board who worked part–time schedules. This is just one example of Bob’s commitment to developing the attorneys who worked for him. Over the three decades he spent managing the firm he founded, Bob mentored dozens of attorneys and developed numerous labor lawyers in successive generations. He did this while maintaining his involvement in the community, including serving as General Counsel of the Humane Society of Greater Dayton and General Counsel to the Dayton Country Club.

After spending over three decades growing the firm he founded, Bob transitioned his practice to Taft. It was a transition that had unintentionally been in the making for years. Bob and Taft’s Fred Ungerman had joked for years that they were “friendly competitors.” Fred represented many open shop companies while many of Bob’s clients are unionized. They bantered back and forth about joining forces – Bob would suggest that Fred join Dunlevey, Mahan + Furry, while Fred would invite Bob to join Taft.

With retirement on his mind, and trying to formulate the best succession plan for his clients, Bob decided that a move to Taft, whose attorneys have highly compatible practices to Bob’s, was in the best interest of him and his clients.

A few days after that first Monday encounter, Bob called me back into his office. This time, I wasn’t excited, just terrified. It was the moment of truth – did I deliver? Did I meet Bob’s tremendously high standards? Or did I totally drop the ball?

At least on that first assignment, I delivered, and have spent the past eight months working alongside Bob every day since that first Monday. Just like his commitment to every attorney who walked through the doors of the firm he founded, Bob has dedicated himself to developing me into a solid labor lawyer and has endeavored each day to teach me something new about labor relations.

While Bob will tell you that he had the best mentors over the years, I respectfully disagree with my boss, who is without a doubt the best mentor a young labor lawyer could ever hope to have. Whether it stems from the tireless work ethic instilled in him by his mom and dad, or the challenges associated with running the family business at such a young age, or simply his own long–standing dedication to the practice of law, Bob is an exceptional labor lawyer who has garnered extraordinary loyalty from his clients and the enduring respect of Dayton’s bench and bar.

By Nadia A. Klarr Esq. Co-Chair DBA Editorial Board Taft Stettinius & Hollister LLP

January 2018 Dayton Bar Briefs

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dba

holiday luncheon

By Kristina E. Curry Esq. Vice Co-Chair DBA Editorial Board Pickrel Schaeffer & Ebeling Co., LPA

TT

he Annual Dayton Bar Association Holiday Luncheon was held at Sinclair College on Thursday, December 17, 2017. The luncheon is held annually to honor members of the legal community who devote their time and resources to helping others through the Greater Dayton Volunteer Lawyer’s Assistance Program and other legal organizations that serve individuals in the community, many of whom find themselves in desperate need of an attorney and without the resources to obtain one. This year’s Platinum and Gold sponsors were Faruki, Ireland, Cox, Rhinehart & Dusing, P.L.L. and Thompson Hine. The annual luncheon also recognizes lawyers who have achieved 25 years of practice, as well as members of the Dayton Bar Association “100% Club”, Honorary Sustaining Members and Sustaining Members of the DBA. Dale E. Creech, Jr. Esq., DBA member, once again treated everyone by playing holiday music on the piano and this year also delivered the opening statements and introduction to the program. Following a delicious lunch buffet, Brian Wildermuth, Esq., DBA President, delivered a welcome address to everyone present. DBAF Trustee, D. Jeff Ireland Esq., t h e n s p ok e, encouraging all to consider the great work of the Dayton Bar Foundation in their charitable giving this year. Through the Foundation, over 1,600 DBA members support a wide variety of good works and charitable activities on behalf of the greater Dayton legal community.

The Foundation supports a mission of increasing access to justice.

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Dayton Bar Briefs January 2018

Kelly A. Henrici, Esq., Executive Director of the Greater Dayton Volunteer Lawyers Project, delivered a “VLP Update”. Kelly announced that 3500 volunteer hours have been entered so far this year, with 40 individuals volunteering for the first time! The VLP has grown to 4 full time employees and has grown to become “truly a collaborative partner in the social services community.” Kelly also thanked everyone at the DBA, DBA Foundation and all of the volunteers who have devoted time and effort towards helping the VLP reach the mission of providing pro bono civil legal services to benefit persons with limited financial resources.

Kelly announced the 2017 winner of the annual “Unsung Heroes” award, law firm Sebaly Shillito & Dyer for providing an “army of volunteers” throughout the year, serving the VLP “because it’s the right thing to do.” Congratulations to Sebaly and Elizabeth C. Sandhu, Esq.!

Barbara Doseck Esq., City of Dayton Law Director next introduced the key note speaker, The Honorable Nan Whaley, Mayor of the City of Dayton. Mayor Whaley thanked everyone present for their service and spoke about the quotations on Dayton’s new monument to public service, “The Common Good” by Jon Barlow Hudson. The monument is located in Cooper Park, just outside of the new downtown Dayton Metro Library. On the monument are 13 quotations, written so that the reader must walk in a circle around all 4 sides of the monument in order to continue reading each one. One of Mayor Whaley’s favorites, she joked, was the quote of Lyndon B. Johnson, “When the burdens of the Presidency seem unusually heavy, I always remind myself it could be worse. I could be a mayor.” Another from Muhammed Ali, “Service to others is the rent you pay for your room here on Earth.” Mayor Whaley encouraged everyone to visit the

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DBA EVENTS: Holiday Luncheon continued from page 8

new monument and thanked all those who made it possible to honor public service workers who keep us safe, keep our water turned on, keep our City running every day.

Mayor Whaley also spoke of the need for volunteer legal services for those touched by the opioid crisis and asked that the legal community “try to give a little more this year” in light of the devastation caused by addiction to opioids and other drugs in the Dayton region. The Dayton community will not be well again until those whose lives have been torn apart by opioid addiction, are helped. This could mean helping those in recovery with a variety of legal issues related to opioids, including domestic issues, eviction and/or bankruptcy, and other legal services.

Mayor Whaley then graciously allowed a question and answer session, as she could not imagine a “room full of lawyers with no questions.” Many questions were asked and answered on a variety of subjects. Thank you to Mayor Whaley for taking the time to come speak to the group and celebrate the year of volunteer legal assistance rendered by the DBA membership. It is at times like this, at events such as these that one is reminded of the giving spirit of the members of the Bar, and of the sense of community among lawyers and members of the legal community as a whole. Many thanks to all who made this event possible, and may you all be merry and bright this holiday season!

Thank you to Our Sponsor s for Their Generous Support of This Event!

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January 2018 Dayton Bar Briefs

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CRIMINAL LAW

A Whole NEW Code

By Michael P. Dailey Esq. Co-Chair, Criminal Law Montgomery Cty Public Defender's Ofc

O O

n June 15, 2017, The Ohio Criminal Justice Recodification Committee presented its plan for revising the Ohio’s Criminal Code.

This Committee consisted of twenty-four members, including both parties of the Ohio Senate and Ohio House of Representatives, a justice of the Supreme Court of Ohio, the Director of the Rehabilitation and Correction, the Director of Youth Services, three judges, one sheriff, one peace officer, three prosecutors, three criminal defense attorneys, an Ohio State Bar Association member, one representative of community corrections programs, one representative of community addiction services providers or community mental health services providers, and one representative of a juvenile justice organization. The Chair was Auglaize County Common Pleas Judge Frederick Pepple and the Vice-Chair was Timothy Young, head of the Ohio Public Defender’s Office. The purpose was to study the existing criminal statutes, with the goal of eliminating duplication, aligning statutes with culpable mental states, and other appropriate measures.

The committee set simple goals. First, they adopted a precept of “do no harm” by agreeing that the portions of the law that are working well should be left alone and that change should not be made for the sake of change. Next, the committee agreed to simplify the code when possible.

Overly complex statutes lead to confusion, unnecessary litigation, and can detract from the quality of justice. Statutory language must ensure adequate particularity to satisfy due process and avoid “void for vagueness” issues while remaining readable so that the average person can understand what is being prohibited. They went on to clarify the code by promoting consistency across Chapters and their respective sections, providing culpable mental states for each section, making explicit if strict liability is applicable to a particular prohibition, eliminating duplicity where the same conduct can be charged under two different crimes and different levels, and ensuring that language does what is actually intended. Finally, they sought proportionality by considering issues of over-criminalization and over-penalization while not demeaning the seriousness of the offender’s conduct or the risk that the offender poses.

Proportionality asks whether it is appropriate to incarcerate someone convicted of an offense, what should and should not be a felony, and whether repeat offenders should be treated differently. Proportionality

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Dayton Bar Briefs January 2018

seeks to provide judges and correctional institutions the necessary tools to craft punishments and properly rehabilitate offenders by promoting judicial discretion and evidence-based programs.

The following is a quick summary of a few of one of those recommendations:

Levels of Charges Get Realistic

The committee worked tirelessly on determining appropriate levels of numerous crimes. Some of the more notable changes would include: 1. Domestic Violence – 1 prior conviction would be an F5, while 2 or more prior convictions would be an F4; 2. Perjury – F2 if false statement occurred in an F1, aggravated rape, aggravated murder or murder proceeding; an F3 if occurred during an F2 or F3 proceeding; an F4 if occurred during an F4, F5 or M1 proceeding; and an M1 if occurred during an M2, M3, or an M4 proceeding; and M3 if occurred during an MM proceeding; 3. Tampering w/ Evidence – F3 if evidence is altered, damaged, or destroyed; F4 if value as evidence impaired; F5 if not damaged or impaired; F3 if concealed or removed; and an F5 if evidence is found after being concealed or removed; 4. Unauthorized use of a Vehicle – M3, with possible enhancement to an M1; 5. Nonsupport of Dependents – F5 if 2 prior convictions, or 1 prior conviction and not paid for 26 out of 52 weeks; 6. Weapons Under Disability – F4 if disability is due to something other than a finding of guilty; and 7. Illegal Conveyance of Drugs – Affirmative defense available if they involuntarily convey the drugs due to an arrest and involuntary transport The Recodification Committee recommended numerous changes to Chapter 29. As a note, Chapter 45, Motor Vehicles, was not a subject of consideration by this committee. Expect these recommendations to be considered by the Ohio General Assembly sometime in 2018. There are many more recommendations not listed in this brief summary. Be on the lookout for the DBA Criminal Law Committee, to expound upon other topics in upcoming Bar Briefs.

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DBA ANNUAL PARTNERS Providing annual financial support and partnership in our mission to further the administration of justice, enhance the public’s respect for the law, and promote excellence & collegiality in the legal profession.

PLATINUM PARTNERS Jack W. and Sally D. Eichelberger Foundation

Eichelberger, longtime Oakwood residents to enhance the legal profession, the arts and the Greater Dayton community through the awarding of grants.

Jack Eichelberger was a well-known Dayton attorney and real estate investor.

Trustees: Dave Greer, Gary Froelich and Neal Zimmers.

Eichelberger Foundation Estabrook Charitable Trust

Sponsor of: • Chancery Club Luncheons • New Admittee/Member Reception • First Monday in October Celebration • DBA and UD Law Student Events

• Women in Law Forum

Estabrook Charitable Trust Administered by Porter Wright Morris & Arthur LLP | Bruce Snyder - Trustee Annual Grants to the DBA (This support makes these events affordable for all members): • Bench Bar Conference • Diversity Day • Annual Meeting

Faruki Ireland Cox Rhinehart & Dusing P.L.L. www.ficlaw.com With offices in Cincinnati & Dayton Faruki Ireland Cox Rhinehart & Dusing P.L.L. is a premier business litigation firm with offices in Dayton and Cincinnati. The firm’s national practice handles complex commercial disputes of all types, including class actions; antitrust; securities; unfair competition (trade secrets and covenants not to compete); employment; advertising, media and communications; attorney malpractice; data privacy and security; intellectual property and product liability. While its trial practice is national, the firm has always been, and continues to be, committed to the local legal community.

GOLD PARTNER Thompson Hine LLP www.thompsonhine.com Established in 1911, Thompson Hine is a business law firm dedicated to providing superior client service. The firm has been recognized for ten consecutive years as a top law firm in the country for client service excellence in The BTI Client Service A-Team: Survey of Law Firm Client Service Performance. With offices in Atlanta, Cincinnati, Cleveland, Columbus, Dayton, New York and Washington, D.C., Thompson Hine serves a premier business worldwide.

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DBA RISING STAR

Rising Star

above the Bar

Meagan D. Woodall Esq. “A

prosecutor has the responsibility of a minister of justice and not simply that of an advocate.” Being a minister of justice is a special responsibility that all prosecutors accept when representing the State. That responsibility also comes with societal expectations that a prosecutor will serve as a role model to her community. This month’s DBA Rising Star is a prime example of an excellent advocate and role model: Meagan Woodall.

Meagan is entering her third year as both an attorney and as Assistant Montgomery County Prosecutor. Within that short window of time, Meagan has written countless briefs and motions, handled jury trials, presented dozens of oral arguments to the Second District Court of Appeals, and during her second year of practice she argued before the Ohio Supreme Court.

Meagan turns twenty-eight in May. Meagan has always called Montgomery County her home. She was born in Kettering and grew up in warm and cheerful Centerville, Ohio. From an early age, Meagan loved acting and participating in the performing arts.

When she was nine, she performed in Centerville Town Hall Theater. After elementary and middle school, Meagan’s interests grew to include politics and law while she took honors courses at Centerville High School. Shortly before her junior year at CHS, she attended the National Young Leaders Conference in Washington D.C. The conference allowed Meagan to meet with government officials, elected representatives, and key staff members.

The program culminated in a mock trial, where Meagan had her first opportunity to witness the world through the lens of the courtroom.

The perfect combination of policy, law, and theater signaled to Meagan that the courtroom could be a calling.

When she returned from Washington and started her junior year, Meagan immediately joined Centerville High School’s Mock Trial Team. She credits her coach, Richard Carr, as being the first to provide her with a window into the legal world; filled with rhetoric, nuance, and clever legal analysis. During her 12

Dayton Bar Briefs January 2018

senior year, Meagan competed as both a lawyer and witness on the first CHS team in two decades to compete in the final round of the High School Mock Trial State Tournament in Ohio.

After graduating CHS with honors, Meagan studied Political Science and Spanish at The Ohio State University. Meagan’s courses were balanced between international policies, laws, and governments on one hand, and culture, language, and art on the other. She wanted her studies to be a reflection of her interests to both give her the tools she would need to succeed after graduation, and also help mold her into a wellrounded person. While taking a demanding course load, Meagan also continued finding opportunities to refine her courtroom advocacy skills through OSU’s Mock Trial Program.

Meagan competed as both a witness and an attorney on OSU’s Mock Trial Team. OSU divides its teams into different tiers and, needless to say, Meagan walked onto the top tier team as just a freshman. For a majority of her college career, she competed across the state and around the country at tournaments in Iowa, Kentucky, and Columbia Law School in New York City, racking up award after award.

But Meagan’s college career was not limited to just courtrooms and books. She spent a summer in Toledo, Spain to immerse herself in the Spanish culture and study in a place where she could learn through experience. Had she not chosen to pursue law, Meagan admits that she would have loved to be a museum curator. In fact, Meagan spent more than a few afternoons daydreaming about such a life. But deep down, Meagan always knew the courtroom would keep calling her name. When she received a stellar score on the LSAT, Meagan knew she could not pass up the opportunity become a real attorney.

Meagan did not have to travel far for law school. She enrolled at The Ohio State University Moritz College of Law to become the

first member of her family to ever attend law school. Although being the first in your family to attend law school can feel overwhelming, Meagan soon found herself chosen by her peers to lead them in a variety of different programs. She served as Vice President of the Student Bar Association, competed in internal and external moot court competitions, worked on the school’s Moot Court Board during her 1L and 2L years, and was the Editor-in-Chief of Mortiz’s Entrepreneurial Business Law Journal. During her 3L year, Meagan represented Moritz Law at the American Bar Association’s National Appellate Advocacy Competition in Washington D.C., where Meagan’s leadership helped place her team at third in the nation. Needless to say, Meagan had plenty of options available to her following graduation.

But Meagan had trouble deciding what kind of law she wanted to practice. Naturally, she pursued different opportunities to gain experience and learn what best suited her. She spent summers in Washington D.C. and Miami, Florida with the Securities and Exchange Commission, where she researched and participated in securities cases. During the school year, she worked afternoons at the Franklin County Prosecutor’s Office. As much as she enjoyed her work at the SEC, her intern license in Franklin County allowed her to experience the thrills of the courtroom.

More importantly, she could see first-hand the difference she was making in her adopted community. While taking classes, managing law

continued on page 13

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DBA RISING STAR: Meagan D. Woodall Esq. continued from page 12

journal, and competing with her moot court team, she spent nearly thirty hours a week responding to motions to suppress and discovery requests, attending court proceedings, and arguing hearings in open court. And she never slowed down.

In December 2015, Meagan returned home to Montgomery County, and has been an active steward to her community as an assistant prosecutor. Meagan started her career in the appellate division, and in her first year, Meagan handled thirty-six appeals, which included twenty oral arguments. Meagan recalled her first “real” oral argument as “terrifying.” She recounted, “I was trying to memorize quotations, and pin-cites and it was terrifying, because you know are you about to make your case to incredibly bright judges. But at the same time, it is invaluable experience because you really learn your case. You become a better advocate.”

Meagan’s invaluable experience helped her to achieve a career goal in just her second year of practice: arguing before the Ohio Supreme Court. State v. Anderson had originally belonged to an assistant prosecutor who could no longer handle the case. So when Andy French, the Appellate Division Chief asked for volunteers to handle an Ohio Supreme Court case, Meagan did not hesitate to jump at the opportunity. Meagan considers Andy to be a mentor and credits him with her having the opportunity to appear before the high court at such a young age. She explained, “He is so busy, but so incredibly smart and always willing to help. I would not have had some of the incredible opportunities I experienced without

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Andy’s confidence and availability to guide me.”

Meagan’s first Ohio Supreme Court case presented two issues for review. The first issue related to the sentencing of a defendant who goes to trial after a co-defendant enters into a plea agreement to serve fewer years in jail in exchange for testifying against his co-defendant. The second issue was whether mandatory minimum sentences for juveniles are unconstitutional under the Eighth Amendment.

Together with Assistant Prosecutor Heather Jans, Meagan briefed the State of Ohio’s case, and on February 28, 2017, Meagan stood before the highest court in Ohio, and advocated for its people. “It was exhilarating,” Meagan remembered. “I think I held it together well, but the first thing you notice is how the justices are seated so much higher than you. So you are looking up and you recognize just how brilliant they are, and here I am having a sophisticated legal discussion with them. It was surreal.”

The Court ultimately ruled on behalf of the State, allowing Meagan to not only fulfill a career goal, but also to help create precedent within Ohio.

Meagan was twenty-six years old when she delivered her first argument to the Ohio Supreme Court, and she shows no signs of slowing down. She currently works on a criminal docket in the Montgomery County Court of Common Pleas. She enjoys spending her free time with friends and her partner, Matt Myers, and reading beside their dogs, Etta and Sadie, and cat, Scarlett. She is a member of the Daughters of the American Revolution, where she donates time and energy to patriotic causes

and programs designed to assist veterans. She also volunteers her time to promote the Centerville Washington Foundation as a means of giving back to the community that has given her so much.

But Meagan goes one step further in giving back to her community. Throughout the year, she returns to where it all began: Centerville High School Mock Trial. Working with other local lawyers, Meagan tutors and mentors aspiring advocates from grades 9 through 12 as they prepare to compete in the courtroom for the first time. Meagan draws upon her experiences, both as a mock and real-life attorney, to help students hone their skills and become better communicators. She pays it forward.

The Dayton Bar is one of the most civil and collegial bars in the nation. A primary reason for that is the fact that so many of our attorneys grew up in the area. If they were not lucky enough to do so, they soon found many good reasons to call Dayton their home.

Meagan grew up here and came home to help make a difference in the courtroom. Every day she achieves that goal both inside and outside of the courtroom. She serves as an advocate for the people of Montgomery County, and she ministers to its needs as a respected barrister and local leader.

By Zachary S. Heck Esq. Co-Vice Chair DBA Editorial Board Faruki Ireland Cox Rhinehart & Dusing P.L.L.

January 2018 Dayton Bar Briefs

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JUVENILE LAW

2017 Montgomery County Juvenile Court Certification Recap M

ontgomery County Juvenile Court (hereafter “MCJC”) spent much of 2017 launching a couple new specialty dockets while at the same time improving its existing programs for juveniles and families in need of services. Thanks to the leadership of Judges Nick Kuntz and Anthony Capizzi, the primary focuses of juvenile court, those being “rehabilitation” and “reunification” can be better addressed. When I order in my dispositions, probation, counseling, assessment, community service, out of home placements, or corrections time, it is important to understand that that is when the real work begins. MCJC continues to think outside of the box when it comes to helping juveniles and their families. With new ideas, for a new generation and new opportunities, 2018 will be an even better year for the families coming into our court.

On Wednesday, December 6th, the Juvenile Law Committee held its certification seminar.

One of the main topics was “What’s New in Juvenile Court?” Reclaiming Futures and Specialized Dockets Manager, Tricia Lucido, discussed the newly formed Family Treatment Court and LIFE Court. Family Treatment Court is designed to improve the safety and well-being of children in the dependency system. It provides parents access to drug and alcohol treatment, judicial monitoring of their sobriety, and individualized services to support

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the entire family. With this specialty docket, you will see Montgomery County Probation, Montgomery County Children’s Services and MCJC working together to ensure children are raised in a nurturing and healthy environment with parents who are substance free. This docket has been very effective especially in comparison to non-Family Treatment Court families.

The LIFE Court is another specialized docket that focuses on increasing public safety and facilitates participation in effective mental health and substance abuse treatment.

It seeks to strengthen the family’s ability to care for the youth in home, improve quality of life for youth with mental health diagnoses while effectively using the community’s limited mental health resources. These juveniles have persistent and severe mental health concerns where one of the many goals is to reduce out-of-home placement while working with families in a collaborative team effort. I would encourage anyone to observe LIFE Court and see how vital this is for our youth and families struggling with mental health issues.

In addition to these specialty dockets, MCJC uses “Natural Helpers,” which essentially is the courts version of Big Brother/ Big Sisters, Inc. Natural Helpers are caring individuals who provide support and encouragement to youth and families and may

By Mag. Gerald Parker Vice Chair Juvenile Law Montgomery Cty Juvenile Court connect them with opportunities and services designed to bring about positive life changes.

The personal connection and building of trust with juveniles is often overlooked. It is important to be able to develop relationships with juveniles, be mentors and fill in the gaps in their lives so they can have a chance at succeeding. I would encourage everyone to consider mentoring at least one juvenile and give them an opportunity by contacting Community Engagement Coordinator, Brittini Long.

The Montgomery County Juvenile Court C.A.S.A. Program was discussed by its Director Jane Novick who has done an amazing job fighting for the best interests of juveniles.

C.A.S.A. stands for Court Appointed Special Advocates. Their roles and responsibilities consist of researching a child’s circumstances by talking with people who know the child’s history, reviewing appropriate records and formatting a Guardian ad litem written report with all relevant facts and recommendations.

These are ordinary people, from all walks of life, with varying backgrounds and our court is in need of many more.

For those wishing to gain more information or get involved with MCJC, please contact: Tricia Lucido, tlucido@mcjcohio.org; Brittini Long, blong@mcjcohio.org or Jane Novick, jnovick@mcjcohio.org.

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DBA VOLUNTEERS

DBAVolunteer Day Saturday, January 20, 2018 | 9:00-11:00am The Foodbank Dayton 56 Armor Pl., Dayton, OH 45417

We’re fighting hunger with The Foodbank! The Foodbank brings food, comfort and hope to hungry families in the Dayton area.

Each week, The Foodbank distributes 1,400 Good-to-Go Backpacks to children who are at risk for going hungry over the weekend.

We need you. The Foodbank serves more than 100 programs annually, distributing over 9 million pounds of food. With your contribution, additional families can be fed and more people can learn about The Foodbank’s mission to end hunger.

Help lead the fight against hunger!

Join Us!!!

Volunteer with the DBA on Saturday, January 20, 2018 from 9:00-11:00am to help stuff backpacks and write cheery notes to send to children.

Donate jars of peanut butter. Collection bins will be at the DBA Offices in December and January.

For More Information Contact:

www.daybar.org

Jennifer Otchy, DBA Senior Director of Professional Development jotchy@daybar.org | 937.222.7902

January 2018 Dayton Bar Briefs

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daybar.org/cle

nytime, Earn CLE anytime, re. anywhere. ordability New YearConvenience CLE | Selection | Affordability DBA Estate Planning, Trust, Probate Law Committee presents:

Tax Cut & Jobs Act: The “Simplification” of Taxes

Wednesday, January 10, 2018 | 4:00-5:00pm | 1.0 CLE Hr Seminar #1718-078 | M $35 | NM $45 | PP $0 Presenter: Sam Hemmeter, CPA Mr. Hemmeter practices accounting and tax as a sole practitioner.

He will present on the changing landscape in personal and corpoincome tax law for 2018 as well as estate tax changes. There Arate great will be a comparison between the existing law and the changes variety for 2018of and thereafter.

programs to choose from.

Recent Ethics Violations & the Ethical Perils of Social Media (video replay) Tuesday, January 16, 2018 | 9:00-12:15pm | 3.0 CLE Hrs Seminar #1718-076| M $105 | NM $150 | PP $0 Presenters: John Ruffolo Esq., DBA Bar Counsel Glen R. McMurry, Partner, Dungan & LeFevre Co, LPA

Earn CLE anytime, EarnCLE CLEanytime, anytime, Earn anywhere. anywhere. anywhere.

Convenience | Selection | Affordability Domestic Relations 101

Thursday, January 25, 2018 | 9:00-12:15pm | 3.0 CLE Hrs Convenience | Selection | Aff ordability Convenience | Selection | Aff ordability

Seminar #1718-079 | M $105 | NM $150 | PP $0 Presenters: Mag. Jaqueline Gaines, Montgomery Cty Juvenile Ct & Brian Kruse Esq. Kirkland & Sommers Co, LPA Agenda: 9:00-10:30am Divorce Dissolution Legal Separation Filing Process, Basics of DR Practice in Montgomery County 10:30-10:45am Break 10:45-12:15pm

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A great A great A great variety of Support, Asset Division, Custody, Valuation, variety of variety of Practice Pointers, Tips from the Benchto programs programs programs toto choose from. choose from. choose from.

Dayton Bar Briefs January 2018

Earn CLE anytim anywhere.

Convenience | Selection | Affordabili

Writing for Advocates with Judge Merz (video replay) Wednesday, January 31, 2018 | 9:00 -12:15pm | 3.0 CLE Hrs Seminar #1718-083 | M $105 | NM $150 | PP $0 This 3-hour seminar presented by Judge Michael Merz, will provide a judge’s perspective on what’s good, what’s bad, and what could be better in your written advocacy. Designed for new and experienced litigators.

A great

JuvenileofLaw Certification (video replay) variety

Friday, February 16, 2018 | 9:00-4:45pm | 6.0 CLE Hrs

programs to Seminar #1718-085 | M $215 | NM $300 | PP $0 If you were not on the Juvenile Court appointment list by February choose from.

16th, or have never been on the appointment list, you must attend this seminar for certification.

Earn CLE anytime, EarnCLE CLEanytime, anytime, Earn anywhere. anywhere. anywhere.

Convenience | Selection | Affordability

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A great A great A great variety of variety variety of of programs to programs programs toto choose from. choose from. choose from.

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937.222.7902

A va pro cho

YLD GIVES BACK

2017 CareHouse Winter Festival

By Phil Krzeski Esq. DBA YLD John D. Smith Co., LPA

O O

n Saturday, December 2, 2017, the DBA Young Lawyers Division participated in the Dayton Children’s Hospital CARE House Winter Festival event. CARE House is Montgomery County’s advocacy center for child victims of abuse and neglect. Its mission is to provide a multidisciplinary team response to child abuse for the purpose of protecting and supporting local children.

Each year, the YLD works hand-in-hand with CARE House staff to organize a Winter Festival holiday to help local families enjoy the holiday spirit. This year, the YLD helped seventeen families go through a series of stations to spread the holiday cheer. Local children were able to make holiday snowmen, decorate cookies, and take holiday photos.

And perhaps as importantly, parents were able to pick two age appropriate presents for each child.

The YLD would like to thank CARE House Outreach Specialist Denise Jenkins for the ability to participate. The YLD would also like to thank Bill Daniels, Jr. of Dayton’s Original Pizza Factory for his generous pizza contribution. His delicious pizza ensured all children, parents, and staff were well-fed and happy during the event. We encourage everyone to go grab a slice.

Special thanks also to Christina Back, Pickrel Schaeffer & Ebeling; Kate Epling, Surdyk, Dowd & Turner, Co., LPA; Nadia Klarr, Taft Stettinius & Hollister LLP; Robert Hanseman, Sebaly Shillito + Dyer; and the attorneys and staff at John D. Smith Co., LPA for their contributions in making this event a success.

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January 2018 Dayton Bar Briefs

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LABOR & EMPLOYMENT

What’s on Your Year-End To-Do List?

‘T

is the season for formulating New Year’s resolutions. As all attorneys know, plans require preparation to succeed, so now is the time to act accordingly.

It’s inevitable that some clients panic as December 31st approaches. Many seek guidance from counsel at the last minute, while others will wait until January “after the holidays,” but potentially miss critical deadlines for taxes and other matters due to their delay.

Firms can remind clients to check their local income tax rates, as several cities and school districts in Ohio had rate changes that took effect in 2017, or will take effect in January of 2018. For individuals who don’t have local income tax withholding from their paychecks, most municipal ordinances in the Dayton region require that 90 percent of estimated tax be paid by December 15, 2017 to avoid penalties. While the Ohio Department of Taxation makes no guarantees as to accuracy, it does offer a portal for state residents to check their local income tax rates here: https://thefinder.tax. ohio.gov/streamlinesalestaxweb/AddressLookup/ LookupByAddress.aspx?taxType=Municipal.

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Dayton Bar Briefs January 2018

While the employer W-2 filing deadline is Wednesday, January 31, 2018, in Ohio the deadline for 1099 filing is Feb. 28, 2018. As this goes to print, the federal tax situation hasn’t crystallized, but both the House and Senate bills, as adopted, would double the standard deduction and eliminate personal exemptions for federal income taxes. Which could mean everyone will have to file a new W4 in 2018, once the IRS approves the new forms.

With concerns about cybercrime (particularly the Equifax breach) grabbing headlines in 2017, now is the ideal time for individuals to check their credit reports, before tax season.

Errors on a credit report can negatively impact transactions planned for 2018, such as loan applications, and interest rates. Individuals and businesses who have become victims of identity theft may need attorney assistance to report to the proper authorities and deal with the financial fallout.

Tax returns are a favorite target of cybercriminals. Even though most people don’t file a return until February or March, thieves are

By Breanne N. Parcels Esq. DBA Labor & Employment Committee Pickrel Schaeffer & Ebeling Co., LPA

already busy falsifying documents to jump the line in January. All the criminals need is a name and Social Security number to file an early tax return, claiming a refund with fake details. The taxpayer often doesn’t learn of the scheme until attempting to file the legitimate information with the IRS. Given the Equifax breach involved more than 145 million individuals, even credit freezes can’t protect the public from this problem.

Lastly, attorneys are not even immune, as the legal sector is also a priority target for hackers. Your Holiday card mailing list should be treasured as a trade secret, just as client files are protected. Firms should consider implementing the National Institute of Standards and Technology Cybersecurity Framework, which details best practices and recommendations to improve organizational cybersecurity. More information is available at https://www.nist. gov/cybersecurity-framework and https://staysafeonline.org/. Public comments on the latest draft of the framework will be open through January 19, 2018.

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January 2018 Paralegal Committee Meeting Guest Speaker:

Debbie Munt, Paralegal Specialist U.S. Attorney's Office Thursday, January 18, 2018 | 5:30-7:30pm Brixx Ice Company, 500 East First St., Dayton https://www.brixxicecompany.com/menu/ Note: Dinner is at member’s cost.

From November 2006 to June 2007 Debbie Munt was detailed with the Dept of State to the Regime Crimes Liaison Office (RCLO), Baghdad Iraq from November 2006 to June 2007 in assistance to the Iraqi High Tribunal in the Prosecution of Saddam Hussein and other Former Bathe Party Members. She will be speaking about this experience.

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January 2018 Dayton Bar Briefs

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COVER ARTICLE

CRYPTOWhat?

By Chad Burton Esq. CEO, CuroLegal What is Bitcoin/Cryptocurrency?

W W

e live in fascinating times. During this week in which I am writing this article we learned that: Elon Musk is preparing to send one of his Tesla cars to orbit Mars, Alabama elected a Democrat to the U.S. Senate (on purpose), the U.S. President drinks about 12 Diet Cokes a day, and one Bitcoin is worth over $16,000.

Actually, as I type this sentence one Bitcoin equals $17,070.15. Wait, now it is down to $16,798.51. That is still up $391.31 since Bitcoin opened today at $16,407.20. Let’s compare this oddity to January 1, 2017, when one Bitcoin equaled $997.69. Bitcoin has had quite a year.

Those fun facts I rattled off above are not intended to be random. They are small sampling of how easily we can share information today.

Through social media and news reporting, we learn real-time about a CEO’s thoughts on space travel or mobilize political movements.

And, if you are paying the least bit attention, you also know we are sitting on the next wave of technological innovation involving blockchain and cryptocurrency (even if those words sound like another language to you). The free flow of information helps bring awareness to new technology but also creates crazy hype.

That is why you hear that Bitcoin is a bubble that is about to burst (much like in the dotcom era). All this hype is creating fear and confusion for some. Let’s see if we can point you in the right direction to minimize those issues.

This article is not a comprehensive primer on Bitcoin/blockchain. The intent is to give you quick talking points on the topic and how it could affect the legal industry — even though we are so early in the cryptocurrency/ blockchain game, it is hard to tell what that will be. If you want to deep dive, you can Google it.

Or go to coindesk.com. That site has a boatload of info that is useful.

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Dayton Bar Briefs January 2018

Bitcoin is a digital currency that is used worldwide. There are no physical coins. It was the original digital currency that is decentralized in a peer-to-peer system with no middlemen or central authority (such as a bank). Bitcoin transactions are recorded and updated on what is known as the blockchain (more on that below).

Bitcoin is the first example of money known as “cryptocurrency.” Cryptocurrency is a type of exchange that uses cryptography to control the creation of additional units, verify the transfer of assets and secure the transactions.

Initial Coin Offerings are popular right now. ICOs typically involve companies selling a coin (cryptocurrency) to raise money to create their product/technology. For example, Kik (a communication app used by teens that was getting beaten in the market by Facebook) created a new cryptocurrency called Kin. Kik raised nearly $100 million through its Kin ICO in the Fall 2017.

If you are interested in learning more about bitcoin/cryptocurrency, check out: coindesk. com/information/what-is-bitcoin/.

What is Blockchain?

I mentioned that Bitcoin transactions reside on what is known as the blockchain. Blockchain is a decentralized ledger that records transactions and is constantly updated — linked and secured using cryptography. Instead of the information residing in one place (for example, that server you have in a closet in your law office), the transaction is recorded chronologically and publicly, which prevents alteration of the data retroactively. It would take collusion of a majority of the network community to alter the blocks (transactions) and change the history of the ledger.

Blockchain can be used to establish digital identities, create a system of record (such as recording land titles), facilitate the transfer of digital currencies, and serve as a platform for smart contracts. Instead of referring to a written document, the smart contract’s performance occurs via blockchain. For example,

a payment via cryptocurrency could be automatically triggered if the receipt of a shipment of goods is verified by the network. Or, if certain conditions on an insurance policy are met and verified on the chain, a payout can occur.

More info on blockchain here: https:// www.coindesk.com/information/what-isblockchain-technology/

What does this mean for the legal industry?

In short: lots.

At some point, your clients are going to ask you about these issues. Remember a couple decades ago when people were talking about how the “internet” was going to be big? Well, that is where blockchain is today. Blockchain is a big deal — otherwise companies would not be investing major resources into figuring out how to leverage it in their businesses. This includes insurance, financial, real estate, healthcare, legal, supply chain management, energy, government — ok, everywhere. You will need to be able to advise clients accordingly.

Companies contemplating an ICO will need legal counsel because the regulatory issues surrounding a new cryptocurrency are like the Wild West right now. The SEC is starting to weigh in: https://www.sec.gov/news/publicstatement/statement-clayton-2017-12-11.

Finally, beyond advising clients on legal issues, cryptocurrency and blockchain are going to affect the business of law. Now that you have finally got over whether it is ok to use the cloud to store data, you will be faced with whether to use tech that leverages blockchain to run your practice and interact with clients. Clients will want to pay you in Bitcoin (or another cryptocurrency). Don’t be surprised if you see an ICO for a legal coin to promote blockchain offerings for legal in the very near future.

That’s enough for now. Breathe. It will be ok — probably. Oh, and now that I am finishing this article, Bitcoin is worth $17,725.45.

Go download the Coinbase app and buy some Bitcoin (disclaimer: that is not financial or legal advice in case you are a dummy and invest your life savings in Bitcoin).

937.222.7902

www.daybar.org

January 2018 Dayton Bar Briefs

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FROM THE JUDGES DESK

Juvenile Adjudications Cannot Enhance Adult Sentences A Look at State v. Hand and Its Progeny to Date

By Hon. Erik R. Blaine Montgomery Cty Common Pleas Court General Division

II

magine two criminal defendants, each having pled no contest to aggravated robbery. Imagine that in all fundamental respects that these two defendants were the same, including having the same aggravating and mitigating sentencing factors … except one. At 18 years old, Defendant 1 was convicted by a jury in adult court of aggravated burglary. At 17 years old, Defendant 2 was adjudicated in juvenile court of aggravated burglary. It might seem reasonable to assume that if Defendant 1 and Defendant 2 would be treated identically with respect to their criminal history. That assumption would be incorrect - in 2016, the Ohio Supreme Court held that juvenile adjudications could not be used to enhance an adult’s sentence. State v. Hand, 149 Ohio St.3d 94, 2017-Ohio-5504, ¶14, 73 N.E.3d 448.

In Hand, the defendant, Adrian Hand, Jr., pled no contest to three felonies and their related firearm specifications. Hand, ¶2. Hand and the prosecutor disagreed about whether Hand’s juvenile adjudication should operate as a first-degree-felony conviction to enhance his sentence. Hand, ¶3. The trial court agreed with the prosecutor and sentenced Hand as if his juvenile adjudication was a prior first-degree felony conviction. Hand, ¶4.

Hand appealed to the Second District Court of Appeals, which, in a two-to-one decision, rejected Hand's arguments that treating his juvenile adjudication as a prior conviction violated his due-process rights because he was not afforded the right to a jury trial in juvenile court. Hand, ¶5. The majority found that the Second District had expressly overruled the same arguments in State v. Craver, 2d Dist.

Montgomery No. 25804, 2014-Ohio-3635, and found Hand’s appeal to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) unpersuasive. State v. Hand, 2d Dist. Montgomery No. 25840, 2014-Ohio-3838, ¶ 6. The dissent found that juvenile proceedings are not considered “adversarial” because the goal is to reform rather than to punish. Hand, 2014-Ohio-3838, ¶16. The dissent cited that juveniles were more likely to admit to the offense, if for no other reason than to go home that day. Hand, 2014-Ohio-3838, ¶20-21.

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The Ohio Supreme Court ultimately reversed and remanded the case for resentencing. The majority echoed much of the Second District’s dissent expressed about the differing roles of juvenile courts and common pleas courts: Juvenile court and adult court play vital, and distinct, roles in American jurisprudence. Even when charged with the same crime, juveniles and adults experience different legal processes with different societal goals. As the Ohio Supreme Court has stated, “[i]n summary, juvenile adjudication differs from criminal sentencing—one is civil and rehabilitative, the other is criminal and punitive.

Hand, ¶14. The majority indicated that in recent years “the state’s role as parens patriae in juvenile court has become clouded as increased penalties restrict the personal liberty of juveniles.” Hand, ¶14-15 (internal citations omitted). Juvenile-court proceedings are considered civil in nature, and the majority emphasized that juvenile proceedings do not provide the option for a jury trial like adult criminal proceedings, and even civil proceedings, do. Hand, ¶15.

The majority looked at the United States Supreme Court’s holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Under Apprendi, a fact cannot be used to increase the penalty for a crime beyond the prescribed statutory maximum unless it is submitted to a jury and proved beyond a reasonable doubt or is admitted to by the defendant. In reviewing Apprendi’s progeny in the federal circuits and other states, the majority found other courts’ decisions to include juvenile adjudications under the umbrella of “prior convictions” to be “significant expansion” of Apprendi that is at odds with the United States Supreme Court’s unwavering commitment to a narrow definition of a prior conviction.” Hand, ¶32.

The majority went on to quote another groundbreaking United States Supreme Court case, Blakely v. Washington, 542 U.S. 296, 305306, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), citing that “[t]he right

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FROM THE JUDGES DESK: Juvenile Adjudications Cannot Enhance Adult Sentences continued from page 22 to a jury trial ‘is no mere procedural formality, but a fundamental reservation of power in our constitutional structure.’”. The majority characterized the United States Supreme Court's pronouncements on the importance of the right to a jury trial in Apprendi and Blakely as “emphatic” and opined that “it is logical to conclude that the court meant to limit the prior-conviction exception to prior proceedings that satisfied the jury-trial guarantee.” Hand, ¶34.

The Ohio Supreme Court also cited its own prior case law to analogize using a juvenile adjudication to using an uncounseled prior conviction to enhance sentence. Because the right to a jury trial is fundamental to due process just as the right to counsel is fundamental, Brooke’s rationale applied to juvenile proceedings, even though there is no right to a jury.

The majority ended its analysis in the same place where it began, with a discussion of the different criminal justice roles of juvenile and common pleas court. The majority stated that [t]reating a juvenile adjudication as an adult conviction to enhance a sentence for a later crime is inconsistent with Ohio's system for juveniles, which is predicated on the fact that children are not as culpable for their acts as adults and should be rehabilitated rather than punished. It is widely recognized that juveniles are more vulnerable to outside pressures, including the pressure to admit to an offense. Under Apprendi, using a prior conviction to enhance a sentence does not violate the constitutional right to due process, because the prior process involved the right to a jury trial.

Juveniles, however, are not afforded the right to a jury trial.

Hand, ¶38.

The short takeaway is that for the majority “[q]uite simply, a juvenile adjudication is not a conviction of a crime and should not be treated as one.”

The dissent took a different approach, finding that the prior juvenile adjudication of Adrian Hand as delinquent for having committed an offense that if committed by an adult would have been aggravated robbery is res judicata as to procedure and substance, and therefore the trial court properly relied on it to impose a mandatory prison term. The dissent also pointed out that the General Assembly had specifically included language in the applicable statute that juvenile adjudications would be treated as convictions for the same adult offenses for the purposes of enhancing adult sentences.

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The dissent also opines that the majority’s reading of Apprendi is too broad, pointing out that ‘[i]n Apprendi, the United States Supreme Court held that "Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." Likewise, the dissent cites several United States Supreme Court cases that state that there is no right to a jury trial in juvenile proceedings under the United States Constitution.

Lastly, the dissent highlights that Hand’s argument and the majority’s holding are divergent from the Ohio and Sixth Circuit law regarding juvenile adjudications. According to the three dissenting Justices, that divergence “involves a policy consideration involving Ohio law and is not appropriate for judicial decree, but rather should emanate, if at all, from the policy making branch of government, the General Assembly in the State of Ohio.”

Post Hand Cases

While Hand draws a line in the proverbial sand insofar as it pertains to using juvenile adjudications in the same manner as adult criminal convictions for sentencing purposes, post-Hand the Second District has distinguished the use of juvenile adjudications for the purpose of meeting an underlying element of a charged offense. This has often arisen in the context of a weapons under disability charge, where the juvenile adjudication may be sufficient to satisfy the prosecutor’s burden of proof on the legal disability element of the offense.

See State v. McComb, 2d Dist. Montgomery No. 26884, 2017-Ohio4010, ¶ 26, State v. Kristopher, 2d Dist. Montgomery No. 27405, 2017-Ohio-7941, ¶6, State v. Boyer, 2d Dist. Clark No, 2016-CA-63, 2017-Ohio-4199, ¶¶10-15, and State v. Jackson, 2d Dist. Montgomery No. 27351, 2017-Ohio-4197, ¶7-9 (holding that Hand does not ban the use of a prior juvenile adjudication as an element of an offense; rather, Hand bans the use of a juvenile adjudication to enhance a penalty by treating the adjudication as an adult conviction).

For now, criminal law practitioners should familiarize themselves with Hand and be prepared to address how juvenile adjudications implicate adult sentencing on a going-forward basis.1 ENDNOTES: Hand is not retroactive to cases that were already decided when the decision was rendered. See State v. Smith, 2d Dist.

Montgomery No. 27294, 2017-Ohio-2684, ¶11.

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January 2018 Dayton Bar Briefs

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law-related organizations

Greater Dayton Volunteer Lawyers Project

Volunteering for Pro Se Assistance Clinics – a Great New Year’s Resolution!

H

ow many times during the holiday season do you find yourself singing, “It’s the most wonderful time of the year?” What are some of the things that make us chant this melody? First of all, we eat delicious food and convince ourselves that calories disappear in this magical time of year. Secondly, we have a tendency to succumb to the wooing of black Friday and cyber Monday.

This results in spending way too much money on our loved ones. Our yearlong disciplined approach to life is set aside for a few weeks of carefree enjoyment. Then we cross the threshold into a new year and decide to reverse the weeks of wonder, and to make resolutions to undo all of that fun. The two most common resolutions are to lose weight and to get the budget back in order.

This usually works for about six weeks. Then, time in the gym is supplanted by the expansion of responsibilities, and budgets fall victim to Valentine’s Day and plans for spring break. Do something different this year! Make a resolution that will have a lasting impact on your community!

The Greater Dayton Volunteer Lawyers Project makes this easy and efficient to serve pro bono by providing innovative and fulfilling opportunities for attorneys to assist individuals of lesser means. You don’t even have to find the clients or schedule them into your office - we do all of that for you! And in the areas of juvenile court and debt collection defense matters, we provide “on-the-job” training, so no prior experience in the area of law is required – we have the subject matter experts and the tools to make your service enjoyable and stress free! All it takes is about three hours of your time. If you would prefer to serve from the comfort of your office, we also provide service to clients in outlying counties by Skype or telephone. In addition to providing a great service to those who are less fortunate, you can earn CLE credits for the pro bono work you provide. For every six hours of time served you earn one CLE credit.

There are many different ways to volunteer your time and legal expertise through the VLP in a pro se clinic setting: Juvenile Court Pro-Se Clinic: Leveraging the power of HotDocs software, our volunteer attorneys assist participants in the proper completion of their paperwork for pro-se court actions involving visitation, custody, or support. Poverty waivers are also provided to assist with filing fees that may be prohibitive for our target population.

Debt Collection Defense Clinic: Attorneys in the community triage debt collection matters involving third party debt collectors, payday lenders, and others to help create a level playing field. Information and advice is provided to all and, as appropriate, documentation to file with the Court is created and provided for filing pro-se. Information about filing for bankruptcy protection is also provided when appropriate.

Ask an Attorney Days: In the more rural counties it can be difficult for citizens to find free legal help due to the low number of attorneys. To combat this we run legal information clinics from a variety of locations.

Participants can come in and speak with a lawyer to receive legal information and have their questions answered on a variety of legal topics, pairing you with clients only on topics with which you have confidence in providing advice. This clinic is also done by Skype or telephone, insuring that the volunteers do not have to drive long distances to provide aid.

So as you start to ponder your New Year’s resolutions, please consider adding pro bono service to the list! For more information contact the Greater Dayton Volunteer Lawyers Project at (937) 461-3857 of gdvlp@gdvlp.org

Happy New Year!!

By Christina L. Clark Paralegal Greater Dayton VLP 24

Dayton Bar Briefs January 2018

Countless Men, Women and Children are Denied Justice Every Day Simply Because They are Poor As of January 2014 every 6 hrs of pro bono service through an approved pro bono provider will give you 1 hr of CLE credit to a maximum of 6 hrs of CLE credit (36 hrs of pro bono). GDVLP will send your hrs to the Ohio Supreme Court and notify you of the same.

Please tell us what you are willing to accept as pro bono work. Personal Representation of an Indigent Client: Divorce/Family Law Bankruptcy Consumer Issues Contract/Warranty disputes SS, SSI, SSD Tort Defenses Predatory Lending Stalking Protection Orders Civil Protection Orders Wage Claims Employment Disputes Guardianships Probate

Homeownership Disputes Landlord/Tenant Disputes Health Care (Insurance Claims, Nursing Home Issues Other Please Contact VLP to Volunteer in any of the above areas of law.

937.461.3857 www.gdvlp.org

Thurgood Marshall Law Society

Thurgood Marshall Law Society

Honors

Judge Adele M. Riley on her Retirement!

Your contributions are reflected throughout the community.

As a friend, mentor, advisor, lawyer and jurist you have been instrumental in the development of many.

We thank you!

University of Dayton School of Law

25

members on the move If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or have other news to share, we’d like to hear from you. News of CLE presentations and political announcements are not accepted. Members on the Move announcements are printed at no cost, and must be submitted via email and are subject to editing. We also request a current, high-resolution, directory-style photo to accompany your announcement. These monthly accouncements are printed as space is available.

Send to DBA Communication Manager, Shayla M. Eggleton: publications@daybar.org.

Intili & Groves Co. LPA is pleased to announce that Super Lawyers has selected MITCHELL J. ANDERSON as a 2018 Ohio Rising Star, an honor reserved for those lawyers who exhibit excellence in practice.

Only 2.5% of attorneys in Ohio receive this distinction. He practices in the areas of personal injury, wrongful death, medical malpractice and general civil litigation.

JOE GIBSON, of Gibson Law Offices in Vandalia, was re-elected to a third term as Member of the City Council for the City of Tipp City. He is finishing his second term as Tipp City Council President and previously served on Tipp City’s Planning Board, and the Miami County Council. He is the immediate past Chairman of the DBA’s Workers’ Compensation/Social Security Law Committee.

NICHOLAS SUBASHI, Partner, Subashi & Wildermuth, achieved recertification in Civil Trial Law with the Nation Board of Trial Advocacy. Board Certification is the highest, most stringent, and most reliable honor an attorney can achieve.

DUNGAN AND LEFEVRE is pleased to announce the following partners have been recognized by the 2018 Ohio Super Lawyers magazine. GLEN R. MCMURRY has been named a 2018 Ohio Super Lawyer Rising Star. Ohio Rising Stars names outstanding young lawyers in the State of Ohio (those 40 years old or younger, or those who have been in practice for 10 years or less). No more than 2.5 percent of the lawyers in the state achieve this honor each year. Mr. McMurry has been named to the Ohio Rising Stars list for the past seven years. He practices in the areas of business and commercial litigation and has represented clients in a number of civil and defense matters, including derivative shareholder actions, products liability defense and construction litigation and is also experienced in federal litigation. He is currently serving a 3 year term as a National Director

of the FBA. SARAH G. WORLEY has also been named a 2018 Ohio Super Lawyer Rising Star. This is her second consecutive selection. Ms. Worley practices in the area of Estate Planning, Trust, and Probate Law. Ms. Worley has also previously been named one of the Dayton Better Business Bureau’s Top 25 Women to Watch (2015) and is a recipient of the Dayton Business Journal’s 40 Under 40 Award (2013).

The Benchmark Litigation 2018 Guide once again ranked FARUKI IRELAND COX RHINEHART & DUSING P.L.L. as one of Ohio's preeminent litigation firms, naming it one of only 11 firms statewide to receive Benchmark's highly recommended classification.

Stating that Faruki+ "maintains its standing as a solid litigation shop, with a roster of attorneys experienced in a wide range of practice areas," the 2018 edition of Benchmark Litigation includes all five of the firm's named partners—CHARLIE FARUKI, JEFF IRELAND, JEFF COX, ERIN RHINEHART AND BEN DUSING—on its list of the 100 Ohio "state litigation stars." In addition to this Benchmark Litigation Guide ranking, the 2018 edition of Super Lawyers Magazine has recognized several attorneys from the firm, for their noteworthy talents in law as well. Partner Charlie Faruki is ranked number one in the state of Ohio. Charlie has been recognized in the "Top 10 in Ohio" every year since its inception in 2004. Managing Partner Jeff Ireland has been named to the 2018 edition of Ohio Super Lawyers. Jeff has been recognized as one of the Top 50 Attorneys in Cincinnati. Partner Jeff Cox was named to the 2018 edition of Ohio Super Lawyers. Partner Erin Rhinehart was named as an Ohio Super Lawyers Rising Star.

FARUKI

RHINEHART 26

Dayton Bar Briefs January 2018

COX

IRELAND

DUSING

937.222.7902

classifieds For info concerning Classified Ad and Display Ad Space in the Dayton Bar Briefs or any other DBA Publication, contact DBA Publications Manager, Shayla M. Eggleton: publications@daybar.org or 937.222.7902. Discount Rates available for consecutive and/or combined Online + Display + Classified advertising!

ASSOCIATE ATTORNEY

Falke & Dunphy, LLC has immediate opening for associate attorney with practice experience relating to trial work and or probate to share office space as independent contractor with some referrals possible. Send resume to following: Falke & Dunphy, LLC, 30 Wyoming St., Dayton, OH 45409-2721.

LEGAL SECRETARY

Altick & Corwin, Co., LPA, a full service downtown Dayton Ohio firm seeks a highly motivated and qualified legal secretary to assist with a creditor bankruptcy practice. The ideal candidate will have 5+ years of experience working in a law firm. The candidate should be knowledgeable about all aspects of litigation and creditor bankruptcy work.

Experience working with a bankruptcy trustee and having knowledge of rea l estate law is a plus. Experience includes proficiency in MS Word, Excel and Adobe Acrobat. Must have a strong work ethic and able to communicate with attorneys, clients and court personnel.

Excellent benefits and salary based on experience. Hours are 8:30am to 5:00pm with one hour for lunch. Please send your resume to the attention of Sandra Wieman, One South Main St. Suite 1590, Dayton, Ohio 45402 or email wiemans@altickcorwin.com.

LOCAL COURT RULES

INCREASE YOUR VISIBILITY!

contact Shayla about DBA Advertising opportunities: publications@daybar.org 937.222.7902

advertiser index ComDoc Inc..............................................10 Eikenbary Trust......................................5 Ferneding Insurance...............................14 LCNB Bank................................................21 The Lipp Firm Co., LPA..............................5 National Processing Solutions.............19 OBLIC...........................................backcover R.L. Emmons & Associates....................27

Dayton Municipal Court has proposed changes to the Local Court Rules. Please visit the Dayton Municipal Court at http://www.daytonmunicipalcourt.org/ for notice of and an opportunity to view and comment on proposed local court rules.

Rogers McNay Insurance.......................7

MEDIATION/ARBITRATION

Trisha M. Duff - Mediations...................17

William H. Wolff, Jr., LLC Retired Trial and Appellate Judge Phone: (937) 293-5295; (937) 572-3185 judgewolff@woh.rr.com

OFFICE AVAILABLE

Very convenient, reasonable Kettering office available. Contact Mike Conway (937)2948807.

ThinkTV................................................. 23 Thomas P. Whelley II., Mediations.... 13

R.L. EMMONS AND ASSOCIATES, INC. 842–A E. Franklin Street Dayton, Ohio 45459

OFFICE SPACE

1204 East Dorothy Lane. Four offices available at $600/month/office. Furnished or unfurnished. Take one, two, three or four offices. Rent includes all utilities, two remodeled baths, secretarial area, reception area, conference room, Dayton Racquet Club athletic membership. About 2400 sq. ft. Email dave@SchmidtDayton.com for info and pics.

RENTAL AVAILABLE

Professional office condo space for lease. 1300' sq at 842-B East Franklin Street, Centerville. Reasonable rate, flexible terms. Large open area, two individual offices, break room, private rest room, individual entrance, at the door parking. Contact Lisa Whitney, R.L. Emmons and Associates, 937-438-0500 or emmonspi@aol.com.

follow the dba:

Professional Investigative and Legal Support Services Firm  Polygraph  Asset Searches  Criminal Defense  Process Service  Witness Locates / Interviews  Surveillance  Civil Case Prep  General Investigation

@Dayton_Bar www.daybar.org

@DaytonBarAssociation

DAYTON: 937 / 438–0500 Fax: 937 / 438–0577 January 2018 Dayton Bar Briefs

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Dayton Bar Association 600 Performance Place 109 N. Main St. Dayton, OH 45402–1129 ADDRESS SERVICE REQUESTED

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