2022-2023
Hon. Caroline H. Gentry President
Anne P. Keeton
First Vice President
Hon. Michael J. Newman Second Vice President
Jamar T. King Treasurer
Michael J. Jurek Secretary
Ebony D. Davenport Member–at–Large
Lauren K. Epperley Member–at–Large
James H. Greer Member–at–Large
Brian L. Wright Member–at–Large
Merle F. Wilberding
Immediate Past President
John M. Ruffolo, ex officio Bar Counsel
Jennifer Otchy, ex officio Chief Executive Officer
DAYTON BAR BRIEFS is published by the Dayton Bar Association, 109 N. Main St., Ste 600, Dayton, OH 45402–1129, as its official publication for all members. Comments about this publication and editorial material can be directed to the DBA office. The DAYTON BAR BRIEFS is published bi-monthly Sept/Oct through July/Aug.
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The contents expressed in the publication of DAYTON BAR BRIEFS do not reflect the official position of the DBA.
Columns:
4
22 JUDGE'S
Investiture Remarks
By The Honorable Judge Caroline Gentry | U.S. District Court, Southern District of Ohio
Forward By Shayla M. Eggleton, DBA Communications & Membership Director
When There Are Nine (Or Eleven): Montgomery County Courts
Help Set the Pace for Gender Equity in the Ohio Judiciary
By The Honorable Judge Mary Wiseman | Montgomery County Common Pleas Court
Jeffrey A. Hazlett Esq. By Thomas J. Intili Esq. | Intili Law Group, LLCAppellate Practice Pointers - Do You Have a Final Appealable Order?
By Jeffrey S. Sharkey Esq. | Faruki PLLScope of Judicial Deference: Ohio Deference Goes Back to the Future
By Griffin Reyelts Esq. | Faruki PLLJordan Jennings Esq., Taft Law
By Nathaniel M. Fouch Esq. | Ohio Court of Appeals - 12th District
The Most Well Rounded Practice of Law
By Kristie L. Gotwald
Esq.| The VanNoy Firm
U.S. Magistrate Judge, Southern District of Ohio
Family Services - a Hidden Gem
By Arvin Miller Esq., NonProfitClearinghouse Subcommittee
Co-ChairEsq. | Ohio Court of Appeals - 12th District ine_Gentry@ohsd.uscourts.gov
By Nathaniel M. Fouch
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FARUKI+ ficlaw.com
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12, 2023
Chief Judge Marbley, Distinguished Colleagues, Honored Guests and Dear Family and Friends, Thank you all for coming, and for being a part of this very special event.
My first interaction with this Honorable Court was in April of 1974. I was four years old. My older sister and I wore red, white and blue dresses, and waved small American flags, as we watched our mother take the oath of citizenship and become an American citizen.
I do not remember who the judge was or what he said. I remember only images and feelings. I vividly recall feeling two emotions. The first was joy. It was a joyous day for our family. The second was pride. I was very proud of my mother, because I knew she had studied and worked hard to become an American citizen.
I was also extremely proud of my country. I was proud to be a citizen of a country that is the land of the free and the home of the brave. A country that welcomes people from all over the world and allows them to become citizens. A country that believes in liberty and justice for all.
As I grew older, I learned that our country has not always lived up to its ideals. I learned that for much of our history, women and Black people were disenfranchised and treated as less than equal. I learned about the civil rights movement and the fight for equal rights, a fight that continues to this day. None of those lessons diminished my pride in, and my love for, this country. We are not perfect. But our Constitution, laws and democracy give us the tools that we need to come closer to our ideals, over time. And that is something to be proud of, to fight for, to protect, and to defend.
When you become a federal magistrate judge, you quickly find out that there are many things that you do not know how to do. Fortunately, the Federal Judicial Center offers two weeks of training to newly appointed magistrate judges. We affectionately refer to it as “Baby Judge School.”
Last October, about 30 of us met in Washington DC for our second week of Baby Judge School. After three days in the classroom, we spent our fourth day taking field trips. We visited the Supreme Court, which was amazing. We spent the rest of the day at the U.S. Holocaust Museum.
I had been there before, years ago, so I thought I knew what to expect. But I was wrong. When we arrived, we were split up into small groups of 3 or 4 judges and assigned to a tour guide. For two hours, our guide talked to us about the exhibits and the history of the Holocaust, asked us questions, and engaged us in discussion. We primarily focused on the years leading up to the Holocaust, and the question of how such atrocities could happen. How could one person transform a constitutional democracy, and an advanced country where Jewish people were fully integrated into society, into a murderous dictatorship that killed over six million Jewish people?
I do not have the time, or the words, to tell you everything that I learned that day. But I do want to share three lessons I took away from our visit.
The first lesson is that Democracy Is Our Best Defense Against Tyranny. Hitler did not begin his political career as a tyrant. Instead, like many other tyrants before him, he was elected to office. He then engineered the fall of democracy, was appointed chancellor, and seized power. Once he had absolute power, he could only be removed by war and bloodshed. // The Holocaust teaches us that democracy is our best defense against tyranny. Here tonight, in this museum, we are surrounded by reminders of the many sacrifices that generations of Americans have made, and continue to make, to protect our democracy. Let us thank them for their bravery and ensure, by our own actions, that their sacrifices were not in vain.
The second lesson is that Propaganda Can Be Deadly. Propaganda refers to information of a biased or misleading nature—such as conspiracy theories and lies—that is used to promote a political point of view. The Nazis were masters at using propaganda to demonize and dehumanize Jewish people. The exhibit from the museum
that I recall most vividly is a children’s book that compared Jewish people to poisonous mushrooms. We must never underestimate the power, and the danger, of propaganda.
The final lesson, and arguably the most important one, is that Silence Is Complicity. It is a lesson that we all know, but do not speak about enough. It means that when we see someone being attacked because they belong to a particular group of people, we must not remain silent. It is not enough to content ourselves with the thought that we do not attack anyone, or agree with those who do. We must do something to protect those who are being attacked. The question of what to do is beyond the scope of these remarks. But it is a topic that we should discuss, and I encourage all of you to do that.
In closing, I want to thank the district judges of the Southern District of Ohio for giving me the opportunity to serve as a federal magistrate judge. It is truly the greatest honor and privilege of my life to serve in this capacity. I pledge to them, and to all of you, to work hard and do my best every day to uphold the rule of law and do justice, without fear or favor.
Once the program is over, please stay, eat, visit, and take in the exhibits. We have a pasta bar, a burger bar, fruits and vegetables, and cupcakes. The museum will remain open until 10:00. I understand that we have a guide who will lead a 45-minute tour called Women in Space and Aviation.
Finally, I want to thank the Federal Bar Association for underwriting the cost of the reception. A special thanks to Terrie Carter, from our Columbus seat of Court, for her work in putting this evening together. And thank you all, again, for coming.
“Libby’s experience uniquely positions her to have a global view of almost any dispute and allows for a holistic approach to mediation that very few can offer to parties. Add to this her willingness to work hard to bridge gaps in a creative and meaningful way enables her to bring a strong skill set to getting to a reasonable agreement that most parties can live with to bring expensive litigation to a close.”
– B.R., mediation client / law firm partner
Elizabeth “Libby” Callan, former Hamilton County Court of Common Pleas Judge and Of Counsel at Vorys
Vorys’ mediation team includes a number of former judges who are uniquely qualified to serve as mediators for your disputes. These former judges and other Vorys mediators’ sole goal is to guide parties to a fair and equitable resolution, defraying the costs of a potential trial.
The hallmark of a good mediator is a lawyer who is truly neutral, who is respected by plaintiff’s and defense counsel alike, and above all, who gets cases settled out of court. That description fits our barrister of the month, Jeffrey A. Hazlett, perfectly. Those of us who have chosen civil litigation as our life’s work know Jeff well. Always our first choice when we just cannot seem to settle a case ourselves, we call upon Jeff to guide us toward a peaceful state of mutual dissatisfaction. When his work is done, neither party is popping champagne corks, but each party has the knowledge that a true compromise has been reached in lieu of the perilous uncertainties of a jury trial.
Much of Jeff’s success as a mediator is undoubtedly attributable to what the Good Lord gave him. He is innately fair and cheerfully sane with the ability to distill quickly from lawyer advocacy the applicable law and provable facts. His manner is direct, quick-witted, but respectful, informing all sides that he serves never to demean, but to aid in the triumph of peace over conflict. Few lawyers in any setting can turn a phrase with as much simultaneous humor and poignance as Jeff Hazlett.
What the Good Lord did not give Jeff, he acquired through hard work and years of experience as a trial lawyer. A 1981 graduate of the law school at Cleveland State University, Jeff began his legal career as a Dayton city prosecutor, a position for which he interviewed only after a law school classmate fell ill and could not accept the interview herself. Jeff’s interviewer was Paul Folfas, a career prosecutor and avid Pittsburgh
Pirates fan, who like this writer (along with a well-known federal jurist with a tall building named after him), suffers through each Major League Baseball season sustained only by the nostalgic refrain, “We Are Fam-a-lee.”
Like many young prosecutors, Jeff was thrust into the courtroom early and often to discipline misdemeanants in Dayton Municipal Court. After two years, Jeff moved onward joining Larry Denny, Steve Cox and Marty Malloy in the Talbott Tower. Denny had an insurance subrogation practice that interested him far less than his DUI clientele. Jeff happily took over that subrogation work as his baptism to insurance law.
In the late 1980s, Jeff joined Matt Arntz and Alan Biegel in the Oregon District continuing his subrogation work, but also defending with increasing frequency Erie Insurance Company policyholders in personal injury cases. Thereafter, Jeff opened a solo office on Loop Road where he continued to handle cases for Erie.
In 1993, Jeff did what few trial lawyers do, he took a two-year sabbatical from the practice of law. As a lad growing up in Marion, Ohio, Jeff’s favorite uncle was a retired F-4 Phantom II U.S. Navy pilot who flew missions in Vietnam from the flight deck of the U.S.S. Midway. As much as Jeff would have liked to have followed in his uncle’s Navy footsteps, he could not because he wore glasses. Nevertheless, in 1984, Jeff began taking flying lessons, first at Wright Brothers Airport, and later in Cincinnati at Lunken Field. Over time, Jeff obtained his multi-engine commercial instrument rating qualifying him to fly twin-engine turbo propeller aircraft, King
Air 200s among them. And so it was that from 1993 to 1995 Jeff earned his keep as a commercial pilot flying corporate executives from place to place primarily out of Indiana’s Richmond Municipal Airport.
In 1995, Jeff returned to the legal profession joining the firm we know today as Subashi, Wildermuth & Justice. In 1997, he joined Cincinnati Insurance Company leading CIC’s staff counsel office in Dayton, a position he held for the fourteen years preceding his current occupation as a full-time mediator.
Trial lawyers of a certain generation recall a time when personal injury litigants in Montgomery County were ordered to arbitrate. Jeff sat on numerous arbitration panels in those days, but when arbitrations proved to be a less than effective mode of alternative dispute resolution, mediation emerged as the Common Pleas Court’s preferred method of ADR. At first, the Court’s mediation office assigned its neutrals on a rotating basis, but lawyers disfavored that process for the simple reason that they prefer to choose their mediator rather than having one chosen for them. Ultimately, rotating assignments were discontinued in lieu of court-ordered scheduling whereby mediators are assigned by agreement of the parties and counsel.
Under that system, Jeff has thrived. He is by far the most requested mediator in Montgomery County and with good reason. Of the 258 cases he mediated in 2022, he settled nearly 78% of them. His reputation for success has now traveled well beyond the Dayton area. By wordof-mouth and as a member of the National
Academy of Distinguished Neutrals, Jeff’s services are requested throughout Ohio and beyond, not merely in auto accident cases, but in disputes involving medical malpractice, dental malpractice, nursing home negligence, pharmacy errors and omissions, truck accidents, legal malpractice, airplane crashes, premises liability, breach of contract, construction, real estate, employment, government contracts and insurance coverage disputes. Put simply, if Jeff’s mediation services are those you desire, best you contact him early, preferably at the outset of your case, because the dates on his calendar are in high demand.
Jeff’s commitment to the legal profession has not been bounded by the mere pursuit of his own livelihood. He served for ten years on one of the Dayton Bar Association’s two certified grievance committees investigating and prosecuting lawyer misconduct. Further advancing the cause of lawyer ethics and professionalism, Jeff has lectured on such topics for the DBA and other professional associations.
When not working, Jeff enjoys hiking, golf, photography, and flying his 1977 Archer II airplane. He and his wife, Karen, have twice hiked the Grand Canyon, including one trek along the challenging and unmaintained New Hance Loop. Jeff has also hiked 700 miles of the Appalachian Trial solo. An amateur photographer, Jeff captured, as shown, a stunning burst of lightning with his camera. And, if all of that were not enough to keep him out of the pool halls and casinos, Jeff is a brown belt in three styles of marital arts, Shotokan, Taekwondo and Kenpo. He is now pursuing his fourth brown belt in Aikido.
But for the sudden illness of his law school classmate, one can only imagine whether fate would have brought Jeff Hazlett to Dayton. To be sure, there are few Cleveland State law graduates among us. Nevertheless, it was Jeff’s good fortune to land in Dayton where his opportunities for professional development, advancement, and achievement were plentiful. It is now our good fortune to have one of Ohio’s best mediators in our own backyard.
By Thomas J. Intili Esq. Intili Law Group, LLC tom@igattorneys.com
Was it over when the Germans bombed Pearl Harbor? Has the fat lady sung? A landmine that ruins a surprising number of appeals is the final order doctrine. Whether an order is final and appealable is governed by R.C. 2505.02, and most of the time, it is pretty easy to determine whether a trial court's order is a final appealable order. But here are some recent cases that show that there can be surprises lurking in every appeal.
(a) Trial court granted summary judgment on some but not all of the claims. It did not include Rule 54(B) language
(b) The court of appeals held that there was no appellate jurisdiction: "Rule 54(B) makes mandatory the use of the language, 'there is no just reason for delay.' Unless those words appear where multiple claims and/ or multiple parties exist, the order is subject to modification and it cannot be either final or appealable."
(c) The most interesting aspect of the case is its discussion of mootness, which is a little-know exception to the requirement that an order is not appealable unless it resolves all the claims in a case. As an example, claims for breach of contract and for unjust enrichment are usually mutually exclusive. A trial court order that granted judgment for the plaintiff on a breach of contract action, but did not address the plaintiff's unjust enrichment claim, would be final and appealable since granting judgment on the breach of contract claim to the plaintiff rendered the unjust enrichment claim moot. The court mentioned that the same could be true for claims for subrogation, indemnification, or contribution.
(a) In divorce proceeding where both parents sought child custody, the trial court ordered both parties to undergo psychological testing
(b) One of the parties appealed. The issue was whether the trial court's order affected a substantial right under R.C. 2505.02(B)(2). The court of appeals held that the trial court's order arguably invades a right to privacy. However, the court concluded that any such right was abrogated by the statute in child custody cases that authorizes psychological testing, so the testing did not affect a substantial right and was not appealable. The court thus decided the merits of the case – whether the parent had a right to be free of psychological testing – in deciding that there was not a final appealable order.
(c) The parent also argued that the trial court's order was a provisional remedy under R.C. 2505.02(B)(4). The court held that it was bound by a decision of the Supreme Court in Myers v. Toledo, 110 Ohio St.3d 218, which held that an order requiring a psychological test is not a provisional remedy. The Myers Court reasoned that a psychological test was a discovery tool and the statute defines "discovery of privileged matter" as a provisional remedy. Since psychological testing was not defined as a provisional remedy, it did not qualify.
(a) Plaintiff sued seeking to enforce a non-compete agreement. The trial court ordered a party to produce trade-secret information, subject to protective order.
(b)The issue again was whether an order that a party produce trade secret information was a provisional remedy under R.C. 2505.02(B)(4). The court held that an order requiring production of trade-secret information grants a provisional remedy, and the appeal was valid.
(c) Contrast with Myers – both Myers and USSSA addressed whether discovery orders were provisional remedies. In USSSA, as in Myers, an order requiring the production of trade secret information is not defined as a provisional remedy. However, in Myers, the Court held that the trial court's order did not grant a provisional remedy since psychological testing was not defined by statute to be a provisional remedy. There is thus some inconsistency in the courts' holdings on whether discovery orders are a provisional remedy.
(a) The substantive issue in the case is whether Riggle was required to arbitrate a dispute. Riggle argued in the trial court:
(i) A motion to stay the trial court proceeding should be denied; and
(ii) Its motion to stay the arbitration should be granted
(b) The trial court rejected both arguments by Riggle, and he appealed.
(i) As to the order refusing to stay the arbitration, 2711.02(c) provides that "an order . . . that grants or denies a stay of a trial of any action pending arbitration . . . is a final order and may be reviewed, affirmed, modified, or reversed on appeal." The order granting the motion to stay court proceedings was thus immediately appealable
(ii) The arbitration statute did not address motions to stay arbitration. The court thus addressed that motion under R.C. 2505.02(B)(1), and held that the order was not a final and appealable order because it did not prevent a judgment, since the arbitration statute allows Riggle to challenge the arbitrator's ruling in court.
(a) The defendant moved for protective order to prevent plaintiff from deposing defendant's non-testifying expert, on the ground that his opinions were work product. The trial court denied the motion but said that defendant could object at the deposition "on the grounds of attorney-client privilege." The trial court stated that, "[i]n the event of such questions," the expert would be "required to answer the questions and the specific questions and answers shall be excluded from the remainder of the deposition and submitted to the court under seal for an in camera inspection and hearing."
(b) The court of appeals held that a party need only make a "colorable claim" of privilege for an order compelling discovery to be an appealable order. The court held that "to the extent that the trial court's order addressed discovery of allegedly privileged attorney-client communications," it was not a final appealable order since it "did not 'compel' production" of protected materials since the trial court would review the deposition answers in camera.
(c) Critique: the purpose of the attorney-client privilege is to protect the communications from everyone, and requiring the witness to answer questions at a deposition that would be reviewed later by the trial court would allow your adversary to learn the legal advice provided. (In any event, the witness in the case was a non-testifying expert, so any information that witness knew should not be privileged. It is not clear why the courts were concerned that the expert would have privileged information.)
The key takeaway here is that you need to be careful regarding whether a particular order is final and appealable. When you are not certain whether a particular order is final and appealable, it is usually best to file a notice of appeal to preserve the issue; and after you have done so, you should consider immediately filing a motion to dismiss your appeal as addressing an order that is not final and appealable. That way, you have preserved the issue and the court of appeals will decide whether there is a final, appealable order.
One final point: we at the DBA Appellate Practice Section offer a moot court service to DBA members. It is a good opportunity for you to practice arguing before attorneys who are likely to be much like your panel, i.e., have read the briefs but otherwise are not familiar with the facts or the law. If you have an upcoming appellate argument and would like a moot court session, please reach out to me.
AlthoughMarty McFly doesn't sit on the Supreme Court of Ohio, one might be forgiven in thinking so based on the Court's December 2022 ruling in TWISM Enterprises v. State Board of Registration for Prof'l Eng'rs & Surverors. That decision, which reaffirmed that judicial power rests with the courts, represents Ohio's trip back to old precedent to determine its judicial deference future.
In 1984, the Supreme Court of the United States re-shaped the federal landscape of judicial deference in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., finding that where a "statute is silent or ambiguous with respect to [a] specific issue" the Court decides whether an agency interpretation is "based on a permissible construction of the statute." 467 U.S. 837, 843, 104 S. Ct. 2778 (1984). In such instances, "legislative regulations are given controlling weight unless they are arbitrary, capricious, or manifestly contrary to the statute" and "a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency." Id. at 844.
Prior to Chevron, the prevailing federal rule on judicial deference was sculpted by Skidmore v. Swift, which found administrative interpretations and opinions helpful, but "not controlling upon the courts by reason of their authority." Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S. Ct. 161, (1944). Although Chevron has prevailed at the Federal level, several states have returned to an approach more akin to Skidmore. As noted by Ohio Supreme Court Justice DeWine, "[h]igh courts in Arkansas, Delaware, Kansas, Michigan, and Mississippi have [] revamped their deference doctrines," following those already made in Wisconsin and Utah. TWISM Enters., L.L.C. v. State Bd. of Registration for Prof'l Eng'rs & Surveyors, Slip Opinion No. 2022-Ohio-4677, ¶ 48.
While the Federal system has maintained a judicial deference doctrine, Ohio, historically, has not. Instead, Ohio courts have used one of three judicial deference approaches: mandatory deference, ambiguity-triggered deference, or permissive deference. Id. at ¶ 24-27. Mandatory deference meant following "an agency's interpretation of a statute … so long as the interpretation [was] reasonable," regardless of ambiguity. Id. at ¶ 25 (citations omitted). Ambiguity-triggered deference required following an agency's reasonable interpretation if the statute was ambiguous. Id. at ¶ 26. Lastly, permissive deference held that a court "may rely on the
expertise of a state agency." Id. at ¶ 27 (citing Ohio Partners. for Affordable Energy v. PUC, 115 Ohio St.3d 208, 2007-Ohio-4790, 874 N.E.2d 764, ¶ 11).
Thirty-eight years after Chevron, the Supreme Court of Ohio has cemented its place among a growing number of states returning to the Skidmore doctrine of judicial deference. In so doing, the Supreme Court of Ohio noted the judicial branch is "never required to defer to an agency's interpretation of the law." TWISM at ¶ 3 (emphasis in original). Instead, the courts may utilize agency interpretation in their analysis, but only if the statutory language is ambiguous. TWISM at ¶ 44. Writing for the Court, Justice DeWine cited the Ohio Constitution, which mirrors the Federal Constitution, as its rationale, noting the Constitution created a separation of power, delegating judicial review to the courts.
Despite the Supreme Court of Ohio articulating a judicial deference doctrine, the TWISM decision may offer more questions than answers. Namely, how does the TWISM decision impact Ohio agencies? Under the new judicial ruling, any interpretation provided by an administrative agency will stand on fragile footing. Only when the administrative agency's reading is the best one—that is to say, if challenged, the same as the Court's—will that interpretation be implemented. While courts cannot "outsource the interpretive project," an agency's interpretation can still be used as a persuasive measure. TWISM at ¶ 45. How will state agencies adjust to this new reality and will the impact be as large as the initial sentiment anticipates?
This all leads to a broader governance discussion for Ohio. The Supreme Court of Ohio views the TWISM decision as a course correction to better align with the State Constitution. While the Court affirmed its position as judicial reviewer, it also affirmed the General Assembly's dominion over legislative powers. Because judicial review only occurs where statutory language is ambiguous, it puts the onus on Ohio legislators to articulate clear and concise statutory language that can be read only in the way that the Legislature intends. Will the General Assembly reevaluate how statutes are written and use more precise language? Will the Legislature aim to write more precisely, or will it lean on the courts to provide interpretation where none can be reached in the Statehouse? Will the General Assembly leverage the insight and opinions of state
agencies during the drafting process or keep them out altogether?
Nationally, does this recent Ohio decision, adding to the growing number of states revisiting the scope of judicial deference, signal a looming change on the Federal level? Under the right scenario, will the U.S. Supreme Court, given its current make-up, take a fresh look at the Federal judicial deference landscape and depart from the standard announced in Chevron? One need only consider the recent hue and cry over the Federal Trade Commission's announcement of a proposed rule outlawing non-compete agreements to see that a challenge to Chevron deference may soon be on the high court's docket. If Chevron should fall, what impact will it have on the continuing COVID-19 response, renewable energy initiatives, economics, and many other issues?
While the future of Ohio state agencies' impact on statutory interpretation has been cauterized, the return to Skidmore provides an opportunity to re-evaluate the legislative process and how each branch of government can interact with one another.
Congratulations to advancing teams Centerville Team 1 and Springfield Team 1 (photograph top to bottom, respectively.)
February 8: Chancery Club Luncheon @ Engineers Club Pat Allen speaking about Veterans Project.
January 27 : DBA Mock Trial Competition
After years of moving from place to place across the country, Jordan Jennings has finally put down roots—in Dayton, Ohio. The daughter of an Army colonel father and a Nurse Practitioner mother, when asked, Jordan says she is from "all over." It shows in her ability to quickly connect with others, her calm, collected demeanor, and her global perspective: Jordan is a true citoyenne du monde. But since moving to Dayton in 2020 to join Taft's Privacy and Data Security team and its labor and employment practice, she has not hesitated to plant herself here and really invest in the community, get to know the people, and build lasting relationships. We are all the better for it.
Jordan always knew she wanted to be a lawyer. After graduating cum laude with a degree in journalism and economics from Syracuse University in a mere three years, Jordan enrolled in the University of Kentucky J. David Rosenberg College of Law. Drawn to both the diversity and the caliber of the faculty, Jordan quickly made herself at home, leading the Black Law Student Association, serving as the social/ service chair of the Women's Law Caucus, and receiving awards for her writing, academics, and professional excellence. Jordan spent both her 1L and 2L summers at Taft's Dayton office and following her graduation in 2020 and passage of the COVID-19-delayed Ohio Bar Exam, she returned to Taft as a first-year associate in January 2021.
In her brisk two years at the office, Jordan has become the go-to person for international data security law. Although she is a "new" practitioner, this area of law is also fairly new—and rapidly developing. Jordan credits the partners at Taft, including Scot Ganow and Zachary Heck, with positioning her to become the "expert" so soon in her career, and on building her up into a position of being trusted as an authority even during her time as a summer associate. Though data privacy could be "as simple as locking a file cabinet," it is also incredibly complex, and involves helping clients navigate cutting-edge technology and a maze of European Union, Swiss, United Kingdom, and other international laws and regulations. So much of Jordan's practice in this area involves education, assisting clients to understand the importance of having appropriate data privacy policies and managing risk in an area that is frequently misunderstood. Jordan is well-suited to the exciting, fastpaced nature of being a key member of a small but full-service team making a big impact in a constantly evolving field of law.
Balancing out her work in the dizzying field of data privacy, Jordan also works in Taft's Employment and Labor Relations practice group, in a much older and more well-settled area of law. Working on matters from unfair labor practices to collective bargaining to civil rights and
beyond, Jordan has found there is "so much good you can do." It can also be nice to look up case law that tells you the answer rather than having to speculate what courts will say, as is so often the case in privacy and data security law. Jordan' specialization in such disparate areas of law is a testament to her versatility and refusal to be put in a box.
Jordan's commitment to putting down roots and serving her community comes quite naturally and comes in many different forms. When Taft colleague Zach Heck asked for her help coaching the Centerville High School Mock Trial team, she readily agreed. Now in her third season as a coach, Jordan has recently helped lead the team to consecutive victories at both the Miami University Mock Trial Invitational Tournament and the University of Cincinnati High School Mock Trial Invitational tournament. It is a big-time commitment, but Jordan is "inspired" seeing kids who want to become lawyers and is dedicated to helping them achieve their potential.
Jordan has also taken on active service roles for multiple nonprofits. She sits on the Board of Trustees for Daybreak, an emergency shelter for runaway and homeless youth in Dayton. Jordan is also the vice president and co-founder of Light On U, a New Jersey-based organization which provides mentorship and guidance to young women of color on everything from college readiness to financial wellness to physical and mental health. A common theme in these commitments and in her coaching is the importance of mentorship. Jordan takes her role as a mentor seriously, frequently acting as the voice of reason and a calming presence not just for her high schoolers or young adults, but also for law students at the University of Dayton and her own UK.
Anyone remotely involved in the Dayton Bar Association will know that Jordan is already a fixture at the DBA. She was a member of the 2021–22 Leadership Development Class, and was subsequently asked by DBA President, Magistrate Judge Caroline Gentry to assume the role of Young Lawyers Division (YLD) Co-Chair with her esteemed colleague Kaylee Price. In her capacity as YLD Co-Chair, Jordan's leadership has been instrumental in getting people back to meeting in person and building upon her predecessors' work. She has fostered a collaborative and open environment where new attorneys and even law students can come for socialization, connection, and solidarity as they grow into the profession. Farsightedly, Jordan recognizes that collegiality at the DBA starts with the YLD. The familiarity that develops between young attorneys at section meetings and YLD events will naturally develop into lifelong friendships and reinforce the value of civility in the Dayton legal community.
When not serving her clients or the community, Jordan still keeps busy. She has channeled her journalism background into writing for the Dayton Business Journal, Bar Briefs, and Taft's blog. She is also preparing for her wedding! And putting in her time learning French, her fiancé's native language. And of course, before everything else, Jordan has always maintained that family—her parents, younger brother, fiancé, and soon-to-be in-laws—nonnegotiably comes first. Jordan is an incredible model of serving others before self.
Jordan has been honored with deserved awards and accolades wherever she has been, and if there is justice in the world, she will continue to be for years to come. In particularly fitting fashion, just last year she was named to The National Black Lawyers Top 40 Under 40 in recognition of her "outstanding reputation," leadership in law organizations, and "notable achievements" as a lawyer. Such recognition is a more than appropriate acknowledgement of Jordan's leadership, dedication, and commitment to service. May her roots grow deep in Dayton!
Individual loans, are available up to $6,000 at 4% interest, while grants up to $4,000 are also available
By Nathaniel Fouch Esq. Twelfth District Court of Appeals nathaniel.fouch@ twelfth.courts.state.oh.us
"I’m a divorce attorney,” is a phrase often met with, “Oh, I could never do that.” The reasons vary but typically revolve around the drama associated with divorce. However, an argument can be made that domestic relations is one of the best fields for brand new attorneys to enter. This statement may surprise the majority of the legal community, but I think most of us engaged in domestic relations would agree. Nearly every day as a divorce attorney is a bar exam question because divorce, unlike many other practice areas, is the most well-rounded practice of law.
One of my first divorce cases involved two parties with children, a house, a lease, a domestic violence protection order, a criminal case, uncashed tax checks, prior bankruptcy actions, retirement accounts, and a new baby from an affair. Reading the fact scenario would likely have most attorneys running for the hills. However, the domestic relations community would probably say that sounds like a typical Tuesday consult. In that case I had to learn aspects of tax, real estate, landlord tenant, criminal, bankruptcy, and, of course, family law. Daily divorce attorneys are met with the perfect bar exam question – one that incorporates multiple facets of several areas of law.
Every area of practice is relevant and may come up in a divorce. There are times that my clients need businesses divided or bought out. Other times, the state is involved either through the criminal courts or through Child Protective Services. Retirements must be divided, vehicles are sold off, and then there’s jurisdiction. Where does each party live and for how long have they been there? Some issues quickly become collaterally estopped. If a criminal case is pending with a no-contact order, can the parent see his or her children? Which order trumps? How are the children exchanged? Each move made on a divorce case has repercussions in other parts of our clients’ lives.
Being a divorce attorney makes you the best litigator in any other kind of case. How is this? Let’s start with civil procedure rules. Discovery requests can be done on every divorce case. The rules for admissions being admitted when not answered in time still apply.
That means deadlines and accurate records are essential, and sometimes you can catch the overwhelmed more experienced attorneys with a simple calendar. Attorneys must be creative and thorough in their requests because they could discover properties hidden, past criminal histories, or other unknowns that come in handy. For instance, collections attorneys might find that information gathered in a divorce is a gold mine for how to collect judgments in the future. The same can be true if a party is later or previously sued in a civil case. Most people are afraid when you mention perjury for testifying differently just because they are angry with their soon-to-be ex-spouse. Many of the same civil procedural rules used in other practices can be utilized in domestic relations.
Evidence rules are essential for any litigator. Domestic relations taught me evidence rules and effective questioning better than any other area of my practice. Unlike other civil litigators whose cases may take years with no one stepping foot inside a courtroom, divorce attorneys are constantly in courtrooms. Whether it’s a hearing on support, contempt, or interim orders, the rules of evidence are frequently utilized. This keeps divorce attorneys’ skills fresh and ready to go no matter what arises. We, as domestic relations practitioners, frequently learn how to handle objections to our questions and are able to more effectively navigate the courtroom game rules. Evidence rules pertaining to spousal privilege, expert testimony, admissibility, and authentication become second nature to make domestic relations attorneys some of the toughest contenders for trial skills.
Domestic relations develops networks that aren’t replicated in other practice areas. When faced with areas in the law that one doesn’t know thoroughly, attorneys often reach out to each other for assistance. There have been times that I’ve needed assistance from bankruptcy, probate, and even the occasional immigration lawyer to help me understand the intricacies of their practice areas and how they might affect my divorce clients. Attorneys do not know the solution to every situation, but often we are adept at recognizing whether a problem may arise.
In those situations, the wise attorney might reach out for advice, even if just advice for what issues to research. Similarly, due to the vast array of practice areas that have domestic relations implications, experts from a variety of fields may be necessary. The networks that domestic relations attorneys forge only further benefit us in our practices.
You may be saying, “Hold up! The skills may be great, but it’s not worth it for the drama!” When clients seek out a domestic relations attorney, they more likely than not are coming with a plethora of emotional baggage. Clear boundaries for ourselves and with our clients can help with those concerns. However, often times those who are most broken need our help as attorneys the greatest. When asked, “Why did you become a lawyer?” a common response is, “because I wanted to help people.” In domestic relations rational and realistic is sometimes replaced with anger, bitterness, sadness, and confusion. Sure, I have the occasional divorcees who go out to celebrate the end of their marriage after the decree is filed, but nine times out of ten, my divorce clients are not happy to come see me. They are in a place of vulnerability, despair, and total loss as to what to do or how to do it. We, as domestic relations attorneys, are in a unique position to help guide and direct clients through one of the most difficult situations they may ever encounter. As such, whether our clients are able to recognize everything we do as assistance, they do arrive at the end intact, and better than they would have been without our help.
Being a divorce attorney is tough, rewarding, and will likely push one outside of their comfort zone on occasion. We are uniquely skilled, I would argue far more than any other area of legal practice, to assist our communities, to fight hard when necessary, and even at times provide tissues and an ear. As the most well-rounded practice of law, saying, “I’m a divorce attorney” should be met with pride and awe and those with disdain for the word “divorce” would likely think otherwise if they ever challenged us in a courtroom match.
Mon. March 13 | Noon-1pm | Zoom | 1.0 Gen or NLT Hr
DBA CLE Lunch & Learn: Best Practices for Genealogy in a Legal Setting
Tues. March 14 | 9am-11am | DBA Seminar Room or Zoom
2.0 Optional CLE hrs
Employment Law & Workers' Comp/Social Security Section Meeting: Interactions Between Workers' Compensation, ADA, and FMLA
Tues. March 14 | Noon-1pm | DBA Seminar Room
0.75 Gen or .NLT Optional CLE hr
Civil Trial/ADR Section Meeting: Cell Phone Evidence in Civil Litigation
Fri. March 17 | 2pm-3pm | Zoom | 1.5 Gen hrs Legal Technology in 2023A Conversation with Judges Across the Nation
Wed. March 22 | Noon-1pm | Courthouse
0.75 Gen or NLT Optional CLE hrs Domestic Relations Section Meeting Temporary Orders and E-Filing
Thurs. April 3 | Noon-1pm | Zoom | 1.5 Gen or 1.5 NLT Gen hr
DBA CLE Lunch & Learn: Nuremberg Trials
Thurs. April 14 | 7:30am – 9am | DBA Seminar Room
1.0 Optional CLE hr Meet the New Judges
Mon April 17 | Noon-1:30pm | DBA Seminar Room | 1.5 Gen hr
DBA CLE Lunch & Learn:
It's Not a "Get Out of Jail Free" Card: Navigating Ohio's Medical Marijuana Laws
Mon April 24 | Noon-1:30pm | DBA Seminar Room | 1.5 Gen hrs
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By The Honorable Mary Wiseman Montgomery County Common Pleas Court mary.wiseman@montcourt.oh.gov
Justice Ruth Bader Ginsburg once was asked how many female Supreme Court Justices would be “enough.” She famously replied, “When there are nine.” As she explained, “People are shocked [by the answer]. But there’d been nine men, and nobody’s ever raised a question about that.” Although Justice Ginsburg’s “when there are nine” response may currently seem an improbable but laudable goal for the United States Supreme Court, without doubt the Ohio judiciary is slowly moving in the direction of improved gender equity.
Statistics collected annually by the National Institute of Women Judges show that Ohio’s Courts of Common Pleas overall are comprised of 36% women in 2023. In Ohio, women compose 52% of the overall population. Ohio is similar to the national average of 33% female judges elected to general jurisdiction courts. Ohio has experienced slow but consistent increases over time in its overall number of female judges. For example, today in the Summit County Common Pleas Court General Division, all ten of the judges are women.
The Montgomery County Common Pleas Court General Division now boasts a 55% portion of female jurists. This marks the first time that the
General Division’s judiciary has a majority female composition. The present six women on the General Division’s bench, out of eleven judges, are: Mary Katherine Huffman (soon moving to the Second District Court of Appeals), Mary Wiseman, Mary Montgomery, Susan Solle, Kim Melnick, and Angie Jackson. Similarly, the Common Pleas Court Juvenile Division is now 100% female, with newlyelected Judge Julie Bruns joining Judge Helen Wallace on that bench. Further, the Common Pleas Court Domestic Relations Division remains at 50% female, with Judge Denise Cross continuing her judicial tenure. Judge Cross serves as the Presiding Judge over the full Common Pleas Court bench.
Judge Cross began her judicial service in 2001 and presently is the most senior jurist on the Common Pleas bench. Also, for the first time, the Administrative Judge position for three of the four divisions (General, Juvenile, and Domestic Relations) is filled by a female. That being said, we are grateful for the opportunity to work with all of our male colleagues, including Probate Division Judge David Brannon, Domestic Relations Division Judge Tim Wood, and my General Division brethren, Judges Timothy O’Connell, Steve Dankof, Dennis Adkins, Dick
Skelton, and Gerald Parker.
The current Common Pleas Court composition, of course, is complemented by an impressive cadre of female judges at all levels of our local justice system. Those highly esteemed judges include (soon to be retired) Judge Mary Donovan, Judge Cynthia Heck, Judge Peggy Quinn, Judge Alyse Rettich, Judge Deidre Logan, Judge Mia Wortham Spells, and federally, my friends, Judge Sharon Ovington and Judge Caroline Gentry.1 This listing excludes the many outstanding women magistrates that assist our municipal and Common Pleas courts.
All of the current judges, male and female, owe this remarkable progress on gender equity within the judiciary to fearless and trailblazing female judges that include Judge Lillian Kern, elected to the Common Pleas Domestic Relations Division in 1977. Judge Barbara Gorman joined the Common Pleas General Division ten years later, in 1987.
Judge Gorman graciously served as a mentor and role model for many of the women judges serving on the bench. Judge Alice McCollum began with the Dayton Municipal Court and ultimately concluded her long and distinguished judicial service as the first and only female judge to serve in our Probate Division. Judge Francis McGee, Judge Adele Riley, and Judge Connie Price also served on the General Division bench and Judge Judy King served the Domestic Relations Division. In other words, the current judiciary stands on the shoulders of these giants that paved the way towards greater gender equity and representation in our local courts.2 Credit for progress also belongs to many of our male colleagues, past and present, that serve as strong advocates for all facets of diversity, equity, and inclusion, including gender. Notable in that regard are current Judges Steve Dankof, Dennis Adkins, Gerald Parker, Walter H. Rice, and retired Judge Jeff Froelich.
Just as judges serve as leaders within the justice system, women judges also serve as leaders within the broader community. Thus, their presence and active community roles hopefully will inspire and encourage greater gender equity in all segments of society and especially in the legal profession. That progress and improvement remains vital, as modern studies consistently show persistent gender gaps within the legal profession. Those gaps include unfair income and advancement disparities in comparison to males. As those gaps continue to narrow, we must strive for improved gender equity in all facets of the legal profession. Montgomery County is helping lead the way on gender equity in the judiciary.
2By consolidating the names of the Common Pleas Court’s women judges in this article, a false impression may arise that there always have been a lot of women judges in Montgomery County. The magnitude of the historic under-representation of women on the General Division bench, however, is easily revealed by listing the General Division’s male judges in the modern era, with the caveat that my records only go back to 1934, meaning the list omits men serving in Montgomery County from Ohio statehood (1803) until 1934, a consequential, missing span of 131 years during which time all judges were male. The male judges, past and current, on the General Division bench from 1934 onward are: Martin (34), Ferguson (71), Wollfe (77), Dodge (85), Mills (36), Brenton (67), Krehibiel (73), Yeazel (77), Thomas (42), Rice (1871), Brown (80), Sunderland (97), Davis (03), Singer (05), Skelton (15), McBride (54), Gounaris (75), Porter (85), Langer (95), C. Kessler (61), Foley (91), McQuiston (00), Wagner (00), Dankof (11), Edwards (65), Phillips (71), Kilpatrick (79), Gowdown (96), O’Connell (07), Love (69), J. Kessler (81), MacMillan (77), Froelich (95), Krumholtz (13), Meagher (77), Tucker (01), Blaine (17), Parker (19), Gilvary (91), Hall (99), Adkins (11), and Petzold (91). Thus, in the modern era (from 1934 to present) of the General Division, there have been 42 men serving as General Division judges and only nine women. Using this historically incomplete roster that goes back to only 1934 (thus omitting the men serving in the missing 131 years of records available to me), women have constituted a mere 21% of the General Division’s judicial positions in the modern(ish) era. Women composed zero percent of the county judiciary for 174 years, until Judge Lillian Kern commenced her service.
Afew years ago, I was asked by a fellow lawyer to be on the Board of Family Services. I have lived in Dayton for over 40 years, and been involved with several non-profit organizations, but had never even heard of Family Services. So I did, what I tend do in this electronic age, a google search to find out more about the agency. What I found out was that Family Services is a non-profit agency that works tirelessly to help those in need, in so many ways, but does so quietly and without much fanfare.
Family Services has provided services to southwest Ohio for over 127 years. On December 17, 1896, facing about 2,000 unemployed workers in the Dayton area, a town meeting was held in the Grand Opera House to address the community concern for these workers and their families. Out of this meeting, an organization was founded named Associated Charities of Dayton and known, after several renditions, as Family Services.
Over the years, Family Services has provided programs to meet the changing needs of the Miami Valley’s community and families. Many current organizations spun off from Family Services, including Jobs and Family Services, Children’s Services and United Way. Still, Family Services stays true to its mission to strengthen families and communities through counseling, education, community building and advocacy.
Annually, Family Services delivers services to over 6,000 unique individuals, couples and families who suffer from anxiety, fear, anger, depression, addiction, eating disorders and despair. Many clients are victims of crime and have been exposed to trauma and adverse childhood experiences. Through its counseling and education programs, Family Services provides confidential individual, couple, and family counseling.
Expressing their experience with Family Services therapy, clients have indicated that “my therapist has provide a path for me to discover healthy ways to coping and healing”; “I have worked with my therapist for over 2 years and she has provided me with insights into my struggles and a guide to help me work through what I am dealing with at any given moment in time” ; a couple indicated that “my husband and I always leave our sessions feeling restored, hopeful, and ready to continue our path together.”
In addition to individual counseling, Family Services conducts several group sessions to address systemic issues facing our community. It runs an eight-week psychoeducational program on anger management where, as a group, it tries to help participants identify triggers, explore methods of conflict resolution, and develop various means to control anger. For new, and not so new parents, Family Services conducts a six-to-eight-week Parenting group session to help parents learn and support new and exciting ways of helping their children grow and thrive. The “August Project” is a 21-week psychoeducational group program for adult perpetrators of domestic violence.
Under the Victim of Crimes Act (VOCA), Family Services has, for numerous years, provided direct confidential counseling services and information on victim’s rights, free of charge, to anyone who is a victim of a crime in the State of Ohio. In response to increased gun violence and more specifically the shooting in the Oregon District, Family Services was designated as a Trauma Recovery Center (TRC) and provides counseling services to those experiencing primary and secondary trauma. U-Turn 180, a program recently developed, is a prevention program targeting responses to trauma, and continued behavior, of individuals involved criminally with the Montgomery County Diversion program.
Womanline established in 1971, is probably more well known, and has provided professional counseling services to adults, youth and children specializing in sexual abuse trauma treatment and prevention for nearly 50 years. Womanline joined with Family Services in 2016 and continues to specialize in domestic violence survivors, holistic trauma treatment, childhood trauma, and eating disorders. Womanline also supports two school-based educational programs, “I Can Tell” and SCAN (Stop Child Abuse and Neglect), both programs providing child abuse education and prevention.
Probably Family Service’s flagship program is its Community Services for the Deaf and Hard of Hearing. Family Services provides mental health counseling and case management for individuals who are hearing impaired. They work with individuals to promote and develop life skills that support individual health and wellness, increase self-sufficiency, and reduce the isolation of the individual from society. Family Services also provides direct interpreting services to the hearing-impaired through American Sign
Language (ASL), C-Print Captioning, and other interpreting methods for individual personal and professional appointments e.g., doctor visits, classrooms, court appointments.
Family Services also strongly advocates and promotes equal access for services for the hearing-impaired by providing general information, referrals, and in-service educational training to employers and those who serve the deaf. Recognizing that the hearing-impaired face many societal challenges, Family Services provides a school-based alcohol and other drug prevention education program for deaf students, their schools, and communities. Also recognizing that children of parents who are hearing impaired also face numerous challenges, Family Services runs a summer camp program (KODA) for children of deaf parents so that they can meet other children with similar issues and enjoy a little respite from the stress of having a deaf parent. Family Services also provides American Sign Language Classes for those who may have family and friends who are Hearing-impaired.
Beginning with the need of 2,000 unemployed workers in 1897, through the cholera outbreak, the flood of 1913, the great depression, and so many ups and downs our community has faced, Family Services has continuously provided counseling and programs to the ever-evolving needs of the disadvantaged of the Dayton area communities. Now, hopefully you are aware of Family Services and some of the services they provide, and how Family Services is the Miami Valley’s, somewhat hidden Shinning Gem
As expressed by clients, “learning ASL so our family can communicate with our hearing-impaired child has just opened so many wonderful opportunities for us and wonderful memories to make”; “to have a” case manager who knows sign language allows me to express my needs and help maintain my independence within our community.”
Judge Mary Katherine Huffman was a longtime judge of the Montgomery County Court of Common Pleas until she won election to the Second District Court of Appeals on November 8, 2022. As a testament to the esteem in which she is held, the announcement of her candidacy for the court of appeals cleared the field, and she faced no opposition in either the primary or the general election. Nathaniel Fouch recently sat down to interview her. The following has been edited for clarity.
What led you to run for the open seat on the Second District Court of Appeals? What are your objectives in your new role?
I ran for the Second District Court of Appeals because I enjoy the academic aspect of the law and thus the research and writing associated with appellate courts was interesting to me.
Imagine for a moment that it is February 8, 2029. Looking back on the "past" six years of your first term on the court of appeals, what will have made it a success in your eyes?
This is a difficult question, particularly since courts have a very discrete function. I think a success would be that decisions from the court continue, as they have under the current and former judges on this bench, to be thoughtful, thorough and timely.
Your two-plus decades of service as a common pleas judge has given you deep connections to Montgomery County. In what ways have you been able to connect with the other counties in the Second District (Champaign, Clark, Darke, Greene, and Miami) both before and during your campaign? Campaigning provides a great opportunity to meet people all over the district, and I certainly appreciated meeting others, including many people both in the legal community and outside of the legal community in the other counties. I am from Miami County originally and most of my family remains there, so I have deep roots in that part of the district. I was fortunate when I practiced, though, to litigate cases in all of the counties in the district, so I had some historical familiarity with those counties also.
You have a long record of service to the Dayton Bar Association (DBA), culminating in your term as president of the organization in 2013–14, and continuing even now as you co-chair the Public & Member Services Section and sit on the Carl D. Kessler Inn of Court Executive Committee. What do you consider the most important work you have done for the DBA?
Wow, this is a tough question! I have been so privileged to work with the DBA and its staff on many different projects, including the Dayton Bar Foundation, which provides financial support for many critical law-related organizations. I think, though, what I value greatly in terms of my DBA involvement has been the opportunity, whether as a Bar Association or the Foundation, to collaborate with and assist in supporting the work of the Greater Dayton Volunteer Lawyers Project, which provides such valuable aid to those in need of legal services in the Miami Valley. In addition, the programs provided by the DBA that support the collegiality of our profession, including Chancery Club, Women in Law Forum, Breakfast with the Bench, and the Bench Bar Conference, among many others, afford great opportunities for our legal community.
After a three-year pandemic-related hiatus, the Liberty Bell Award is back!
Each May at the Chancery Club luncheon, the Dayton Bar Association honors a local citizen who has rendered outstanding service to the community with the Liberty Bell Award. The Liberty Bell Award represents the DBA’s highest honor recognizing a commu nity partner who assists the legal profession in providing service throughout our region. Any individual, other than a lawyer or a judge may be considered for the distinguished award. Professionals working in education, business, the sciences, communications, labor, govern ment, religious professions and youth organizations are eligible for nomination.
The 2017 Liberty Bell Award recipient was William B. Wheeler, DBA Executive Direc tor (Ret.). Bill served as an integral part of the DBA's growth over the past 14 years. He also helped solidify the permanent home of the Dayton Bar Association, in the Schuster Performing Arts Building. A valuable community leader in the Dayton area, Bill Wheeler retired in September 2017, and leaves behind a great legacy of growing the DBA and pro moting excellence in the legal profession, throughout the community.
The 2018 Liberty Bell Award recipient was Michael Newson, Dept. of Jobs & Family Services Child Enforcement Agency.
Rosalie Makridis of Life Essentials, received the 2019 Liberty Bell Award.
Do you know someone in the community who, in the tradition of Bill Wheeler, Michael Newsom and Rosalie Makridis, and the many other recipients of the Liberty Bell Award, serve our community in a special way? Please consider submitting a nomination to the DBA for the 2023 Liberty Bell Award, to be awarded at the May, Chancery Club Luncheon. In order to be considered, nominations must be submitted to Chris Albrektson at calbrektson@ daybar.org, by Friday, April 14th. All nominations should include biographical information on the nominee and a statement from the nominator supporting the nomination. Please note that attorneys are not eligible to receive the award.
What professional benefits of active involvement in the bar association would you point to in trying to convince a skeptic to either join or more meaningfully engage with the DBA?
I am not certain how an attorney can fully embrace the practice of law without the support, both professionally and personally, that is provided by membership in a bar association. The opportunity for professional development through continuing education but also networking with others in the same profession to provide for growth in an attorney’s career, or assistance in navigating the demands of being an attorney cannot be overstated.
Education seems to be a theme in your career: you have taught at the University of Dayton School of Law and for the Ohio Judicial College (among other institutions), as well as earned a Master of Arts in Judicial Studies in 2015. In what ways have your teaching and study have prepared you for your new role on the court of appeals? How do you envision using your new position to teach further?
I loved practicing law and connecting with clients. A judge really loses the opportunity to make that connection, and so teaching, for me, has been a way to continue making connections. I have so enjoyed having the opportunity to be a professional colleague of former students and to experience them practicing their craft. The academic aspect of the law inherent in appellate work certainly “appeals” to me. I intend to continue teaching, at least for a few years.
What is your judicial philosophy? How do you think through cases, and in what ways do you think that will change or remain the same as you shift from the trial court to the appellate bench?
Since my experience, up until [February 8, 2023], was in the trial court, my practice in deciding a case there was to first read all of the memorandums or briefs, review the testimony, and then start crafting a decision. Often, I begin writing a decision with one conclusion in mind from what I had reviewed and read, but as I write, the end result changes. I think an important judicial philosophy is to keep an open mind before ultimately reaching a conclusion.
You seem to keep fairly busy with professional and civic obligations. To the extent you have "spare time," how are you most likely to use it?
I have a big family, including grandchildren, and spending time with them is the most important thing to me. My husband and I are huge sports fans, so you can find us at a Flyers game, or cheering on our favorite teams (the Bengals, the Buckeyes, and of course the Flyers). Just about the only thing that is ever on the television in our house is some sporting event. We love to travel and are often planning our next trip. Right now we are finalizing a trip to Amsterdam and London for late spring.
Judge Ronald C. Lewis was appointed to the Second District Court of Appeals by Governor Mike DeWine and sworn in on January 20, 2022. He was recently elected to his first full six-year term on the court, beginning February 10, 2023. Judge Lewis is the first judge on the court of appeals from Greene County since Judge Herman J. Weber, in 1985. Nathaniel Fouch recently sat down to interview Judge Lewis. The interview has been edited for clarity.
It has been a little over a year since you were sworn in as a judge of the Second District Court of Appeals following your appointment by Governor DeWine. What has surprised you most during that time?
I think my biggest surprise—and the most pleasant surprise—is the collegiality between the judges. Everybody here works exceptionally well together. I think the constituents of the Second District are extremely well-represented by the folks they have selected to represent them. When I first started, [recently retired] Judge Mary Donovan told me the informal mantra of the court: "it's okay to disagree, but it's not okay to be disagreeable." Everybody really seems to live by that code here, so I would say that's been my most pleasant surprise. Whenever you have five judges working together, from an outside perspective, you never really know exactly what to expect. But everybody works exceptionally well together here.
How did your experience as a judge of the Xenia Municipal Court prepare you for your judicial service on the court of appeals?
It's a very different culture, and very different pace. I was a prosecutor for about 19 years before I was elected municipal court judge, so I was kind of used to that pace. I probably averaged 14,000 cases a year for 19 years before I went on the bench. So the pace is incredibly different. You can certainly be a lot more deliberative at the court of appeals than on a municipal bench. You have a lot more time to think about your decisions. That said, I will say that my experience on the municipal bench certainly gave me a broad perspective of the law. Municipal court is kind of what
I call "the people's court": you get everything from a speeding violation to a very serious domestic violence case, and everything in between. So you get to hear a lot of different types of cases and become knowledgeable in a lot of different areas of the law, which certainly has helped me in this endeavor.
What is your judicial philosophy? How do you think through cases?
I'm an originalist so I believe it's a judge's responsibility to interpret the law, not to create it. I may not necessarily agree with the law that I have to apply, but it's not my job to change it. That's the job of the legislature. That's my philosophy. The way I approach cases is first by reading the appellant's brief. Then I read the appellee's brief and any supplemental briefs that may have been submitted. I then go back to the record, and go through it to answer any questions I may have. After what I've read that "third arm of the story," so to speak, the last thing I do is to go and do whatever research is needed as far as the law is concerned, for any questions I may have. After I've done that research, looked at the record, and read the briefs, then I formulate where I'm going to fall in the case.
What do you consider the most important opinion you have authored during your time on the court of appeals and why?
That's a difficult question, because I think they're all important. The reason I say that is that for most individuals, we are the court of last resort.
There are so few cases that go to the Ohio Supreme Court. Realistically speaking, we are the last stop for most people and for
them, the most important case that's here is their case. So I think they're all important. The ones that give me pause are permanent custody cases, because essentially, it's the death penalty of parenthood. I take this very seriously and I think they need to be reviewed very closely. Also anytime anybody's liberty is restricted, I think those cases need very close attention—not that they don't all need close attention, but those are the two weightiest types of cases we hear.
You began your career as a judicial law clerk to Justice Alice Robie Resnick of the Ohio Supreme Court. How did that experience spark your interest in appellate law?
I was fortunate to work with Justice Resnick and through that experience, I became very fascinated by the whole appellate process and how it works, and I've always been interested in it ever since. Those decisions and the mental process that was necessary to formulate those decisions and the impact that they have, particularly at the supreme court level, and really, on any level—it doesn't matter if you're a municipal judge, common pleas judge, appellate judge, or supreme court justice—all of your decisions have profound impacts on the people that are in front of you. One of the cases that I worked on during my time there was a case that involved zoning, for Yankee Trace, and ordinarily, zoning might not be the most interesting case to work on, but since I was familiar with the area and knew the impact that the case was ultimately going to have, it really kind of hit home as to how your decisions have a direct impact on your community. Once you realize that everything you do has a distinct impact on a broad community—sometimes much broader than just the folks involved in the case—it really makes you stop and think. It's easy to conceptualize the law, but it's a lot more difficult when you personalize the law.
What experience with appeals did you have as the Xenia City Law Director and prosecutor?
The overwhelming majority of appeals I was involved in were criminal in nature. So I did a gamut over the years of criminal appeals. I was fortunate to have worked with some very competent judges, so I learned a lot from them. Their decisions weren't appealed often (maybe some more than others), but I did learn how to draft an appeal and evaluate the law for an appeal through that process.
Your family has deep roots in Greene County. In what ways does your perspective as a Greene Countian adds value to the Montgomery County-centric Second District?
First of all, I think that the six counties that make up the Second District are all unique. They all have their own character, and they all have their own unique communities. But ultimately, I think that those six counties have more in common than they do differences, and I think they share a common core set of values, whether you're from rural Darke County or downtown Dayton, from eastern Greene County or Bellbrook, from the suburbs or a farm. I was fortunate to grow up on a family farm, and still live on that farm. So I do think some of those things are in the back of my mind sometimes, but ultimately the law applies equally and should apply equally to everybody in that district, no matter where you live. That said, I do think growing up on a small farm in eastern Greene County definitely has an impact on the way I evaluate things, especially as opposed to if I grew up in a different environment.
You have a long history of community, civic, and professional involvement. How would you describe the value of those experiences to young attorneys or other attorneys wary of taking on additional obligations?
I think as an attorney we have responsibilities to serve not just our clients but also our community and to be community leaders. And it only helps our profession to be seen helping others in the community. Selfishly, it helps you in your practice, because you can better serve your clients as you become aware of the services available in the community, and you might even help create new services. So while it does take part of your most precious commodity—your time—it is always time well spent to serve your community and to make sure that the services and organizations that you think are important thrive, because they do not thrive unless you get involved.
To the extent you have "spare time," how are you most likely to use it?
I became a grandparent approximately one month ago, and for the past month that has consumed all of my spare time and I think it will probably consume a lot of my spare time in the near future! It is something that I have enjoyed immensely and I'm very fortunate that my daughter, son-in-law, and now my grandson live very close to us. So I get to spend a lot of time with them, which is time well spent.
Ohio Notary Services is a partnership of the Akron, Cincinnati, Cleveland, Dayton, Ohio State and Toledo bar associations, founded in 2019. This unique partnership harnesses 120+ years of notary public education and testing experience. Ohio Notary Services is the ONLY company in Ohio certified to provide education and testing for “traditional” and “remote online” notaries.
Did you know the Dayton Bar Association is in the business of educating and training notaries public in Ohio? Through its co-ownership of Ohio Notary Services, LLC (ONS), the DBA is actively involved in Ohio’s notary business providing non-dues revenue to support the association’s mission.
Ohio Notary Services was created in 2019 in response to Ohio’s Notary Modernization Act which:
• Centralized the notary commissioning processing through the Ohio Secretary of State (streamlining the application process, setting the fees required and creating a discipline process for notaries);
• Standardized the education and testing requirements (establishing authority for approving the educational content); and
• Created the ability for remote online notarizations.
So what does this mean for ONS? Anyone wishing to become a notary in Ohio can visit ONS at http://www.becomeanohionotary. com. New “traditional” notary applicants can register and take the required three hour educational course followed by a 30-question exam. Attorneys are not required to take the exam and earn free CLE credit from ONS for the class – plus they earn a commission that runs parallel with their license to practice law. Non-attorneys who need to renew their commissions may register and take the required one-hour refresher course (no test required) from ONS as well.
No longer does a notary public have to physically sit in front of a client seeking a notarization. Through the use of specialized software and identify proofing, Ohio notarizations can be performed remotely. The timing to permit this in Ohio couldn’t have been any more perfect prior to the start of the pandemic which clearly helped people understand the need. Please know, a notary is not permitted to notarize documents remotely using a simple signature attachment
to a pdf document for example. There are special requirements clearly defined in the Ohio Revised Code to manage this process. ONS is the only business in Ohio that offers the required two-hour educational course and the exam (attorneys have to take this one!) that allow a “traditional” notary to receive the “authorization” to be a remote online notary (RON). These authorizations expire every five years – even for attorneys – so ONS offers the renewal course too.
ONS continues to grow its services beyond the education and testing of notaries. Visit ONS for notary FAQs and blog posts that help keep a notary current. In fact, ONS will even provide answers to questions when notaries get stumped…send an email to info@ becomeanohionotary.com for help. In addition, all of the services below are accessible via the ONS website along with more detailed information.
The Ohio Notary Store is available through a partnership with an Akron-based supply company which provides all types of supplies a notary public might need to perform their role – including the digital notary stamp needed as a remote online notary. ONS provides free shipping for customers who order a notary supply bundle.
Another partnership is with SIGNiX a provider of RON software. As the ONS preferred remote online platform provider SIGNiX provides secure software that equips notaries with the tools they need to facilitate notarizations from anywhere at any time. ONS customers receive discount opportunities through SIGNiX.
E & O Insurance is another service available via ONS through a partnership with CNA Surety. Notaries are human too, so CNA Surety provides a level of comfort that when an unintentional mistake is made, notaries are protected.
The Ohio Land Title Association offers a detailed course that provides Ohio-specific
Notary Closer Certification. This certification is critical for notaries who wish to become notary signing agents and work with title companies and mortgage brokers managing the closing process for homebuyers. ONS customers receive a discount on the certification process by going through the ONS website.
ONS is the one-stop shop for all things notary in Ohio. Please support the CMBA by visiting the ONS website for details and to take advantage of the services it provides.
Coolidge Wall Co., L.P.A is pleased to announce two new hires to the firm. Beth Shellaberger and Crystal Taylor, both seasoned paralegals, have joined Coolidge in its growing Estate Planning and Probate Department. Their duties including drafting and filing probate documents and assisting with the transfer and distribution of assets. Shellaberger obtained her Associate of Applied Science degree from Sinclair Community College in 2016 and earned a BA in Journalism from Miami University of Ohio in 2006. Beth has also been a mediation volunteer and paralegal intern at The Dayton Mediation Center and has also worked in accounting, marketing, and administrative positions. Taylor obtained an A.A.B. in Paralegal Studies from University of Cincinnati in 2013 graduating magna cum laude. Prior to joining Coolidge Wall, her prior paralegal work specialized in the areas of Workers’ Compensation, Civil Litigation, and Estates & Probate. She has also worked as an Insurance and Claims Paralegal at Premier Health and as a Deputy Clerk at Montgomery County Probate Court.
Cincinnati-based Dinsmore & Shohl LLP announced effective January 1st, they will merger with San Diego firm Mulvaney Barry Beatty Linn & Mayers LLP Dinsmore is Dayton's fourth-largest law firm with 46 attorneys. The merger adds 10 attorneys and a team of eight business professionals to Dinsmore’s southern California offices. Mulvaney’s 50-year history of performance and stability made the merger “a logical business decision,” according to a news release. Dinsmore continues to expand, with a focus on adding talent in cities where clients demand it. The firm now has more than 750 lawyers across the country. The merger with Mulvaney shows Dinsmore’s commitment to meeting West Coast demands.
Two large regional law firms with offices in the Dayton region are merging to create a new law firm that augments the specialties of both. Graydon, headquartered in downtown Cincinnati, announced that it is merging with the Columbus' Bricker & Eckler. Effective April 3, the new combined law firm will be known as Bricker Graydon and will be led by Jim Flynn, managing partner. Graydon currently has 80 attorneys; and 8 local attorneys at its location in Liberty Township, Butler County. Bricker & Eckler had 7 local attorneys at an office in downtown Dayton. The merged firm of Bricker Graydon will have a total of 208 attorneys and overall headcount of 378, with 12 offices in downtown Cincinnati; Over-the-Rhine; Fort Mitchell; Liberty Township; Lebanon; Lawrenceburg; Columbus; Cleveland; Dayton; Marietta; and Barnesville, Ohio.
Green & Green, Lawyers, LLC, is pleased to announce that Thomas M. Green, Jane M. Lynch, Erin B. Moore and Jared A. Wagner were recognized as Ohio Super Lawyers® for 2023.
Thomas M. Green has been recognized as an Ohio Super Lawyers® since 2009 and practices in the areas of commercial litigation, medical malpractice and complex injury litigation. Mr. Green is also an AV Preeminent rated attorney by Martindale Hubble®and has been repeatedly recognized by Best Lawyers in America©.
Jane M. Lynch has been recognized as an Ohio Super Lawyers® since 2006, and was selected as a ‘Top 25 Women Cincinnati” in 2023, is an AV Preeminent rated attorney by Martindale Hubble®, and recognized once again by Best Lawyers in America©2023 in the areas of Civil Rights Law and Litigation Insurance.
Erin B. Moore is also an AV Preeminent attorney by Martindale Hubble®, and has been recognized as an Ohio Super Lawyers® since 2017 and practices as a litigator in the areas of construction law, governmental liability law, and general insurance defense and coverage matters.
Jared A. Wagner is also an AV Preeminent attorney by Martindale Hubble® and has been recognized as an Ohio Super Lawyers® since 2017 and also practices in construction law, governmental liability law, gun rights law, and general insurance defense matters.
Green and Green, Lawyers, LLC, is a Best Lawyers of America© “Best Law Firm” for 2023.
Green & Green, Lawyers, an established AVPreeminent rated firm, is accepting applications from well-credentialed attorneys with one to five years' experience in civil litigation and business law for full-time employment. Strong academic credentials, research and analytical ability, and excellent oral and written communication skills required. Applicants with experience with tort, municipal liability, employment, construction, and/or business transactions preferred. We offer a work environment in a premiere Dayton location with available hybrid arrangements, and competitive compensation and benefits. Please forward c.v., writing samples, references, and compensation expectations to GREEN & GREEN, Lawyers, by email to jawagner@greenlaw.com or cmosesso@green-law.com .
Dennis J. Langer
Retired Common Pleas Judge (937) 367-4776
LangerMediation.com
Jeffrey A. Hazlett Esq. 5276 Burning Bush Lane, Kettering, Ohio 45429-5842 (937) 689-3193 hazlettjeffrey@gmail.com nadn.org/ jeffrey-hazlett
SHARED LAW OFFICE SPACE
Available immediately: Private office, conference room, storage. 937-231-8036 judy@lamusgalaw.com
The Dayton Bar Foundation (DBF) is a 501 (c)(3) charitable organization and serves as the giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBF 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 to:
• AdvocAtes for BAsic LegAL equALity (ABLe)
• greAter dAyton voLunteer LAwyers Project (gdvLP)
• LAw & LeAdershiP institute
• LegAL Aid of western ohio (LAwo)
• MiAMi university Pre-LAw center
• wiLLs for heroes
All gifts are eligible for charitable deductions on your federal income tax return if you itemize deductions.
Dayton Bar Foundation, 109 N. Main St., Ste. 600, Dayton OH 45402-1129
Contributions may also be submitted online: daybar.org/?pg=Foundation Make a donation now and help us make a difference through our programs. Gifts may also be made in honor or in memory of family, friends or colleagues.
I am pleased to support the Dayton Bar Foundation with a gift of:
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DAYTON OHIO - Faruki PLL, CareSource, the Dayton Legal Heritage Foundation of The Dayton Foundation and Advocates for Basic Legal Equality, Inc. have joined the University of Dayton School of Law’s Flyer Legal Pathways Program to recruit underrepresented and underserved students to law school; and provide them full law school tuition, a $15,000 stipend for living expenses, mentors, summer clerkships and a job following graduation.
Faruki PLL and CareSource are partnering to select and support one student. ABLE, with the support of the Dayton Legal Heritage Foundation, will select another.
"Faruki and CareSource are, and have always been, committed to identifying and retaining talented legal professionals here in the Dayton community — especially those representing traditionally underrepresented populations. Identifying and nurturing talent early, ensures a strong pipeline of diverse legal professionals committed, not only to the practice of law, but to the Dayton community. To that end, we are honored and excited to partner with CareSource, and participate in The Flyer Legal Pathways Program," said Erin Rhinehart, co-managing partner of Faruki PLL.
The selected students will enter the UD School of Law in fall 2023.
“ABLE is unique in that it is one of a few non-profit law firms in greater Dayton that focuses exclusively on representing low-income individuals," Matthew Currie, a managing attorney at Advocates for Basic Legal Equality, Inc, said. "We believe in diversity, equity and inclusion in all of our work, especially in providing opportunities to underrepresented populations in the legal field. We are honored to partner with the Dayton Legal Heritage Foundation and excited to participate in the University of Dayton School of Law’s Flyer Legal Pathways Program.”
The UD School of Law announced the Flyer Legal Pathways Program in October 2021 with inaugural partners Thompson Hine and Taft Law, and selected the first two students — Jessica Gassett and Lizzy Dobbins —
in June 2022.
“We are extremely excited to have such prominent organizations joining the Flyer Legal Pathways program,” said Andrew Strauss, UD School of Law dean. “Faruki PLL and CareSource, as well as ABLE, with support from the Dayton Legal Heritage Foundation, will expand the range of career paths available to Pathways scholars in very interesting ways.”
Any firms interested in being a partner of the Flyer Legal Pathways Program can contact Katie Wright, visiting assistant professor of lawyering skills, at wrightk7@udayton.edu.
The University of Dayton School of Law is committed to admitting people from diverse backgrounds and experiences. The School of Law was named one of the best law schools for African Americans in the winter 2020 issue of National Jurist’s preLaw magazine. A third of the school's 2022 entering class were students from underrepresented and underserved populations. Students can participate in the Summer Diversity Clerkship Program, Minority Summer Externship Program, the Black Law Students Association, the Asian and Pacific Islander Law Student Association, and the Hispanic Law Student Association, to name a few.
The School of Law has been riding a recent wave of success, posting improvements in selectivity, median Law School Admission Test scores, GPAs of incoming students and job placement. The School of Law attracted more applicants and more academically accomplished students by offering flexibility with options like an online hybrid J.D. program and a Leadership Honors Program featuring full tuition scholarships, custom-designed leadership training, and mentoring by prominent judges and lawyers.
Once here, all law students participate in a curriculum and support system geared toward passing the bar exam, plus programs that allow students to immerse themselves in specific areas of the law like the school's Program in Law and Technology and collaboratives with UD's Human Rights Center and Hanley Sustainability Institute.
You’vebeen invited to join a nonprofit board of directors – what an honor! It’s rewarding to be part of a nonprofit organization that serves a community or purpose that’s personally meaningful. But wait – are you the only attorney on the board? Are you concerned that you’ll be the go-to person, tapped to answer or address all the nonprofit’s legal questions and issues, including those outside your area(s) of expertise? Are you already on a nonprofit board, wrestling with this concern? Are you on a nonprofit board, and need clarification on your legal responsibilities to the nonprofit?
Pro Bono Partnership of Ohio (“PBPO”) can help! PBPO is an organization (also a nonprofit) solely dedicated to strengthening qualifying 501(c)(3) nonprofit organizations that serve the greater Dayton and Cincinnati communities by providing pro bono transactional legal services in partnership with attorney volunteers.
If you’re a member of a nonprofit board, PBPO can provide legal expertise where you and other board members may not have the background or time on which to focus, freeing you to support the organization in other ways. [If you’re an attorney who wants to share your skills with nonprofits, you can volunteer with PBPO (more on that later)].
PBPO also offers dozens of educational seminars, webinars, and publications to keep nonprofits and their leaders up to date and compliant with legal regulations applicable to the operation of nonprofit corporations.
For example, do you know that nonprofit board members have specific fiduciary duties to the organization? Unlike a for-profit corporation, a nonprofit corporation asks for the trust and resources of their communities, so a governing board is expected to represent that public trust by ensuring that the nonprofit’s resources are responsibly managed and are used in furtherance of their missions.
Failure to meet these requirements can potentially lead to civil and even criminal penalties for individual board members (ie, not just the organization as a whole) and can result in the loss of the public’s trust in the nonprofit. The board’s fiduciary duties are the same whether the nonprofit is small and community-based or a large national organization. In Ohio, these include the duties of care, loyalty, compliance, and the duty to manage accounts. Let’s look at each duty:
• Duty of Care: Board members are expected to handle the affairs of the organization with the same care and attention they would handle their own affairs.
o This includes preparing for, attending, and actively participating in meetings; establishing policies; and selecting and supporting the organization’s key staff members.
• Duty of Loyalty: Board members must place the interest of the organization above any other personal interest.
o This involves establishing and complying with a Conflict of Interest policy that includes procedures to avoid transactions that unfairly enrich leaders.
• Duty of Compliance: Board members must ensure the organization is complying with federal and state law, governing documents, and contracts.
For more information on the fiduciary responsibilities of board members, please see the Guide for Charity Board Members published by the Ohio Attorney General’s office and the IRS publication on good governance practices for 501(c)(3) organizations linked on the website:www.irs.gov
Nonprofits and Attorneys Needed!
These fiduciary duties are significant and are just one area of concern for board members. If you are on a nonprofit board or affiliated with a nonprofit, please tell them about PBPO and the services we provide.
If you’re ready to help a nonprofit, we need you and your expertise. You will meet lots of inspiring people, can work remotely and at your convenience.
For more info, or to volunteer, visit www.pbpohio.org, or contact Suzanne Beck, Dayton Counsel, at suzanne@pbpohio.org or directly at (937) 396-2131).
o This includes complying with registration and reporting requirements for the IRS, the Ohio Secretary of State, the Ohio Attorney General, and other states if applicable.
• Duty to Manage Accounts: Board members must maintain, manage, and protect the organization’s resources.
o This involves maintaining accounting records, developing policies and procedures, creating budgets, and ensuring minutes accurately reflect informed discussions during meetings; making fundraising goals, assisting with resource acquisition and ensuring fundraising is conducted honestly and fairly; prudently investing assets and making informed purchasing and expenditure decisions; and establishing adequate internal financial controls.
By Suzanne Beck Esq., Dayton Counsel Pro Bono Partnership of Ohio suzanne@pbpohio.org | (937) 396-2131
