Dayton Bar Briefs Digital | MAY/JUNE 2023 Vol. 72 No. 5

MAY/JUNE 2023

BarBriefs

The Off icial Magazine of the DBA

PRESIDENT'S farewell So Long And Thanks For All The Fellowship pg 4

paralegal

from the judges desk

Tough Conversations...

A View From the Bench

pg 14

pg 24

BarBriefs DBA Board of Trustees 2022-2023 Hon. Caroline H. Gentry

Columns:

Anne P. Keeton

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Hon. Michael J. Newman Second Vice President

Jamar T. King Treasurer

Michael J. Jurek

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no.

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Contents

President First Vice President

vol.

PRESIDENT'S

So Long And Thanks For All The Fellowship The Honorable Judge Caroline Gentry | U.S. District Court, Southern District of Ohio

MESSAGE

24 JUDGE'S

A View From the Bench The Honorable Steven K. Dankof | Montgomery County Common Pleas Court

DESK

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

Features:

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Lindsay Johnson Esq., "The Whole Package" Christopher Wolcott Esq. | Taft, Stettinius & Hollister, LLP

8&12

Q&A with New Judges:

BARRISTER OF THE MONTH

GETTING TO KNOW

10

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. Paid subscription: $30 / year Library of Congress ISSN #0415–0945 Jennifer Otchy Chief Executive Officer Shayla M. Eggleton Director, Communications & Membership Phone: 937.222.7902 | www.daybar.org The contents expressed in the publication of DAYTON BAR BRIEFS do not reflect the official position of the DBA.

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DAYTON Bar Briefs | MAy/june 2023

The Honorable Kim Melnick Zach White Esq. | Coolidge Wall Co., LPA

YLD

Register Today! May 25th is the YLD Second Annual Cornhole Tournament Jordan Jennings Esq. | Taft, Stettinius & Hollister, LLP Kaylee Price Esq. | Freund, Freeze & Arnold, A Legal Professional Association

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PARALEGAL

Tough Conversations, Life Decisions & Planning Ahead...

Dana Ryan, Paralegal | Taft, Stettinius & Hollister, LLP

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Lawyers, Disability and the Advent of Artifical Intelligence: A NOIR STORY Mike Rake Esq. | Horenstein Nicholson & Blumenthal, LPA

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A place to belong: Miracle Clubhouse assists people with mental health needs Magistrate Brittany Doggett | Montgomery County Probate Court & Non-Profit Clearinghouse Member

Bar Counsel

Jennifer Otchy, ex officio

The Honorable Julie Bruns Sarita Simon Esq. | Montgomery County Juvenile Court

WORKERS COMP

SOCIAL JUSTICE

ne_Gentry@ohsd.uscourts.gov

Also In This Issue: 9

2023-2024 DBA Board of Trustee Nominees

13

2023 DBA Annual Meeting Registration & Sponsorship - Deadline May 22nd

15

DBA Member Appreciation Events

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Save These DBA Event & CLE Dates

18

Reasons to Renew Your 2023-2024 DBA Membership

19

Thank you 2022-2023 DBA Section Leaders

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DBA CLE Seminars & Programs Go online and register today!

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Classifieds, Members on the Move & Ad Index

2022-2023

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

DBA ANNUAL PARTNERS RECEIVE:

• Advertising & Marketing Exposure • Event Sponsorships & Attendee Registrations • CLE Discounts • Concierge Service

Thank You 2022-2023 DBA Annual Partners

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

Thompson Hine LLP thompsonhine.com Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 7 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times. For 5 straight years, Thompson Hine has distinguished itself in all areas of Service De-livery Innovation in the BTI Brand Elite, where it has been recognized as one of the top 4 firms for “Value for the Dollar” and “Commitment to Help” and among the top 5 firms “making changes to improve the client experience.” The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTH® – a smarter way to work – predictable, efficient and aligned with client goals.

For More Details on Becoming a 2023-2024 DBA Annual Partner Contact: JENNIFER OTCHY, DBA CEO | jotchy@daybar.org | 937. 222.1364 MAY/JUNE 2023 | DAYTON Bar Briefs

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President's Message

So Long And Thanks For All The Fellowship

By The Honorable Judge Caroline H. Gentry U.S. District Court, Southern District of Ohio Caroline_Gentry@ohsd.uscourts.gov

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s my term as your DBA President nears its end, I find myself looking back fondly at a year filled with fellowship, great ideas, good will, and wonderful people.

Those of you who are fans of Douglas Adams will recognize my riff on the title of his hilarious book, So Long and Thanks For All The Fish. The book title describes the dolphins’ farewell message to humans when they leave Earth before it is destroyed to make way for an interstellar bypass. My remarks have nothing to do with any of that, and most certainly will not be funny – but the sentiment behind the title is sincere. It has been a great year.

I hope that you are convinced, as I am, that the DBA is a terrific organization. It does an outstanding job of providing valuable services to its members, promoting collegiality, and fostering professionalism. The DBA’s greatest asset is its people – both its staff and its members. With apologies to anyone who I inadvertently leave off the list, I want to take this opportunity to thank and publicly honor the people who have given their time and talent to the DBA during the past year.

Of course I must begin with the DBA’s staff, which is topnotch and second to none. The indomitable group of Christin Albrektson, Shayla Eggleton, Kate Bertke and Lori Luebben work tirelessly and seamlessly together to accomplish every task that is put before them. Chief Executive Officer Jennifer Otchy has the rare ability to think about the big picture while paying attention to the smallest detail, is a terrific communicator, and excels at developing and supporting our members’ ideas and initiatives. We are very fortunate to have this incredible team at the DBA. We are also fortunate to have a stellar Board of Trustees. I want to thank First Vice President Anne Keeton, Second Vice President Hon. Michael Newman, immediate past President Merle Wilberding, Prof. Ebony Davenport, Lauren Epperley, Jamie Greer, Michael Jurek, Jamar King, John Ruffolo, and Brian Wright for their work during this past year. Our Trustees have served in ways both large and small, and I thank them for their service. I would be remiss if I did not also thank past DBA Presidents David Pierce, Mary Wiseman and Fredric Young, both for their service and for teaching me how to lead this organization.

Our Section leaders are the unsung heroes of the DBA. When I called each of them last year and asked them to lead, they found a way to say yes. I thank all of them for their willingness to serve in a challenging role: Terry Posey Jr. & Jeff Sharkey (Appellate Court Practice), Jack Hilgeman & Harry Beyoglides (Bar Exam & Qualifications), Jeff Cox & Michael Sandner (Civil Trial Practice & ADR), Marcie Hunnicutt &

Lynn Reynolds (Corporate Counsel), Kyle Lennen and Prof. Thaddeus Hoffmeister (Criminal Law), Ashton Hood & Prof. Ebony Davenport (Diversity Issues), Mag. Jacqueline Gaines & Kristie Gotwald (Domestic Relations), Ed Smith & Kristina Rainer (Estate, Probate & Trust), Dan Gentry & Hon. Peter Silvain, Jr. (Federal Practice), Misty Connors & Sara Barry ( Juvenile Law), Marc Fleischauer & Gretchen Treherne (Labor & Employment), Vanda Morgan & Dana Ryan (Paralegal), Shannon Costello & Shannon Martin (Real Property), Kristina Curry & Mike Rake (Workers’ Comp & Social Security), Jordan Jennings & Kaylee Price (Young Lawyers Division), Sabra Tomb (Leadership Development), Hon. Christopher Epley & Hon. Mary Katherine Huffman (Public Service), and Karen Bradley, Julius Carter, Joseph Oehlers and Adam Webber (Certified Grievance/ Professional Ethics).

Our newest group, the Social Justice Initiative, continues to make progress. Many thanks to Mag. Bonnie Beaman Rice for her unfailingly cheerful and inspirational leadership. Thanks also to its members, who include Ericka Curran, Matthew Currie, Peg Foley, Hon. Jeff Froelich (ret.), Mag. Jacqueline Gaines, Becky Gentry, Joanna Gisel, Carl Goraleski, Summer Hawks, Stanley Hirtle, Anne Keeton, Katie Kersh, Lisa Nicolosi, Dianne Marx, Mag. Arvin Miller (ret.), Taya Onyschtschuk, Erin Otis, Hon. Walter Rice, as well as those who serve on the three subcommittees under the initiative. Finally, I thank each of you who has volunteered to assist the work of the Initiative. There is nothing that we cannot do, if we do it together.

Every November the DBA puts on an informative and enjoyable Bench Bar Conference, and this past year was no exception.

The program planned by co-chairs Susan Blasik-Miller and Hon. Susan Solle featured interesting presentations from community experts on mental health issues and firearms laws, along with the traditional breakout sessions for different courts. Many thanks to our co-chairs for their terrific work.

Last but not least – a phrase that is an oxymoron for trial lawyers who believe in the importance of both primacy and recency – I thank and congratulate David Greer and Hon. Gerald Parker on the success of their ReTrial podcast series. The episodes, which are extremely well-done, feature current and former colleagues telling fascinating stories about Dayton’s legal history. This exciting project would not have been possible without the support of the DBA, Dayton Bar Foundation, Dayton Legal Heritage Foundation, and the Jack W. and Sally D. Eichelberger Foundation, as well as the work of the DBA Oral History Project. Kudos to all involved!

The list could go on and on, as DBA members volunteer to organize and host other events like our monthly Chancery Club and the 50-Year Honoree Luncheon. But all things must come to an end. I am grateful to the DBA for bringing us together and allowing us to experience camaraderie, fellowship and joy. So long, and thanks.

What a busy year! We've truly enjoyed having you as our President. Judge Gentry photographed from top left to bottom right: Swearing in during Investiture ( Jan 23); DBA New Admittee Reception (Dec 2022); DBA Chancery Club Luncheon (Sept 2022); 29th Annual DBA Bench Bar Conference (Nov 2022); DBA Annual Meeting ( June 2022); Investiture Remarks ( Jan 23); 50 Year Honoree Luncheon (Oct 2022); Sitting on the bench; ReTrial Podcast Launch Party (Feb 23).

MAY/JUNE 2023 | DAYTON Bar Briefs

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Feature

Barrister of the Month:

Lindsay Johnson Freund, Freeze, and Arnold

The Whole Package

W

hen the shareholders at Freund, Freeze, and Arnold are evaluating attorneys to join their partnership, they ask whether or not the attorney is “the whole package.” Does this attorney have the client base, mentoring and management abilities, unsurpassed litigation skills and presence in the community to bring both tangible and intangible value to the firm?

Shareholder Lindsay Johnson, does that and then some.

A native of Dayton, Lindsay grew up in Huber Heights and attended Wayne High School where she played varsity basketball.

When it came time to choose a college, the decision was easy. “I went to undergrad here at the University of Dayton because I wanted to stay in the area and not venture too far from home when I was starting college. And actually my grandparents and dad attended UD so it is quite a legacy for our family. That was important to me too.” That turned out to be a fortuitous decision for Lindsay as not only did it set her up well for law school, but it is also where she met her husband, Ben. After graduating from the University of Dayton, Lindsay and Ben both matriculated to The Ohio State University in Columbus, where Lindsay attended law school and Ben attended dental school. While attending OSU, Lindsay quickly decided that she wanted to be a trial lawyer. “I’m sort of an extroverted introvert and was very interested in trial work, I think it’s exciting. I liked the idea of advocating for people.

I liked the idea of taking a problem and figuring out how I win. And I liked the strategy involved in trial law—the dynamic aspect of the practice and the ability to really strategize and come up with creative ways to present a case to a jury.”

At the time, she was clerking for Frank Ray in Columbus but would be returning to Dayton after graduating from OSU. Frank, who knew 6

DAYTON Bar Briefs | MAY/JUNE 2023

that Lindsay wanted to be a trial lawyer, told her that if she was going to return to Dayton, then she had to work for Neil Freund, “the best trial lawyer in the state.”

When she arrived at Freund, Freeze & Arnold, Lindsay was not given much time to get acclimated, or even to unpack her new office.

“The week I started, in 2004, my mentors Neil Freund and Susan Blasik-Miller were both in separate jury trials. I was not even officially licensed yet (these trials occurred in September and I was not sworn in until November) but I was pushed right in and tasked with assisting both Neil and Susan on their trials. That is one reason that I have been very blessed—and why I have stayed with and love my firm—because the experience that I gained immediately was amazing.”

With those first two trials under her belt, and after officially getting licensed in November 2004, Lindsay continued to develop her practice under the mentorship and guidance of both Neil and Susan. “I don’t ever remember sitting in my

office and just doing paperwork. I was brought along, assigned to cases right off the bat, and taught how to be a trial lawyer from day one. So I was taking depositions quite early, doing a lot of appellate work, and basically learning from Neil and Susan how to work a case from the ground up in the best way.” That early experience laid a strong foundation for Lindsay’s current practice which focuses on professional liability defense. She represents a number of hospitals, physician practices, and medical providers as well as law firms and lawyers and enjoys working with highly educated, highly successful, and highly sophisticated clients.

Outside of the office, Lindsay is kept busy by both her community involvement and her family. She previously served on a number of boards, committees, and charitable foundations throughout the Miami Valley including the Associate Board of the Dayton Art Institute (where she and her husband, Ben, were honored to chair Oktoberfest in 2011), the Young Leaders’ Council of Goodwill Easter Seals, the

Fundraising and Development Committee for Dayton History, and the Dayton Children’s Women’s Board (having co-chaired cha|cha in 2017) And she is currently a member of the Hospice of Dayton Board of Trustees as well as the Dayton Children’s Foundation Board. On top of all that, Lindsay is the mother to three boys (aged 14, 10, and 7) and absolutely loves being a boy mom. “Our three boys keep us very busy, academically and with extra-curriculars.

We also like going on family vacations, particularly ski trips. Our kids started young and they just absolutely love it.” So far those ski trips have been relatively local—mostly to Boyne Mountain Resort and Crystal Mountain in Michigan—but they hope to make it out west to Park City sometime soon. In the summer months, Lindsay and her family go anywhere and everywhere. “Our boys love adventures so we always go somewhere for spring break. The Cayman Islands is one of our favorite spots and we’re actually going there for spring break this year which is very exciting because it will be our first trip out of the country since COVID.” As evidenced by her successful career, extensive community involvement, and active family life, Lindsay truly is the “whole package” and is eminently deserving of recognition as the Dayton Bar Association’s Barrister of the Month.

By Christopher Wolcott Esq. Taft Law CWolcott@taftlaw.com

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SCAN HERE MAY/JUNE 2023 | DAYTON Bar Briefs

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Getting to know...

The Honorable Judge

Julie A. Bruns

By DBA Editorial Board Member, Sarita Simon Esq. | Montgomery Cty Juvenile Court | ssimon@mcjcohio.org

What court do you preside in?

Montgomery County Common Pleas Court Juvenile Division

When were you sworn in as Judge?

January 2023

How has your previous job experience helped shape you as a Judge?

For two years (1994-1996) Judge Bruns served as the Judicial Clerk for the Honorable Barbara P. Gorman, Montgomery County Common Pleas Court Judge.

Through this experience she was able to work directly under a judge. From 1996 to 2019 she served as an Assistant Prosecuting Attorney in Montgomery County where she was a criminal trial attorney assigned to the Juvenile Division, Adult Trial Division, and CARE House (Montgomery County’s Child Advocacy Center). While at the Prosecutors Office she served as the Juvenile Division Chief from 2005-2019.

Her experience as a trial attorney exposed her to criminal and civil prosecutions as well as mentoring attorneys. For a time while also working at the Prosecutor’s Office, she taught paralegal courses at Rets Tech Center and Capitol University. Her experience as a teacher ultimately benefited her as a trial attorney because it solidified the importance of people being able to understand what your end goal is and what are the elements of your case. Additionally during her time as a prosecutor she was on a committee through the Ohio Supreme Court that ad-

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dressed Ohio’s Juvenile Competency statute.

That experience reinforced the concept that good end products can come from collaboration as the committee participants included prosecutors, defense attorneys and child advocates. Furthermore, Judge Bruns was a magistrate in Juvenile Court from February of 2019 until she became a judge where she presided over private custody and juvenile traffic cases. Through this experience, she was exposed to the more civil docketed side of Juvenile Court thus rounding out her experience directly with the types of cases brought before the Court.

What is your ultimate goal as a judge?

When posed this question, Judge Bruns stated that her goal is to treat people with respect. She expressed that everyone deserves to be treated respectfully. She additionally stated that she wants to ensure that the court does what is in the best interest of the child(ren).

What advice do you have for attorneys that appear before you?

Judge Bruns said that it is important to be prepared for your hearing as preparation can either make or break your case. You should make sure that you have met with your client and your witnesses and follow up on the information that they provide to you. If you feel that you should have an outline for your case, prepare an outline so that you can ensure that you hit all of the elements. You

also need to be open minded and understand that there are two sides to every story.

Additionally, you should treat everyone with respect. Furthermore, remember that each time you appear before a judge that that experience is a learning experience.

Do you have any advice for lawyers who aspire to become a judge?

Judge Bruns impressed upon me that running for Judge is a very personal decision.

She said that she always knew that she wanted to run for judge but she needed to make sure that the timing was right in both her personal and professional life. She stated that running a campaign is both a grueling and ultimately rewarding experience. At the time that she ran her campaign she was working full-time and attending 3-4 campaign events a week. She admitted that when she initially began her campaign that she had no idea what running a campaign ultimately entailed. Along her campaign, she said that she made new friends and met a ton of people that she would never have met otherwise. She advocated for putting as much of your personal time in your campaign as you can. She also recommends putting in the time to meet with people in the community such as personally canvassing neighborhoods.

2023-2024 DBA Board of Trustee

Nominees

In accordance with Section 2, Article III of the Dayton Bar Association Code of Regulations, Regular Members shall have the right to nominate another candidate or candidates for any elected office for which vacancies exist to be filled at the Annual Meeting not later than noon on the 15th day of the month following the publication of the nominee’s names.

One must deliver to the Association office, a nominating petition signed by at least twenty-five (25) regular (voting) members of the Association whose dues for the current fiscal year are paid.

Members nominated by the Nominating Committee and approved by the Board of Trustees for vacancies that will exist as of July 1, 2023 are: Second Vice President and Secretary

Second Vice President: James H. Greer Esq. Bieser Greer & Landis LLP 6 N. Main St., Ste. 400 Dayton, OH 45402-1908 937. 250.7779 jhg@biesergreer.com

Secretary: Erin E. Rhinehart Esq. Faruki PLL 110 N. Main St., Ste. 1600 Dayton, OH 45402-3704 937.227.3700 erhinehart@ficlaw.com

Elections will take place at the DBA Annual Meeting on Thursday, June 1, 2023.

MAY/JUNE 2023 | DAYTON Bar Briefs

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Young Lawyers Division

By Jordan Jennings Esq. , YLD Co-Chair | Taft, Stettinius & Hollister LLP | jjennings@taftlaw.com Kaylee Price Esq. YLD Co-Chair | Freund, Freeze & Arnold | kprice@ffalaw.com

Register Today!

May 25 is the YLD Second Annual Cornhole Tournament T th

There are few injustices greater than an innocent person forced to suffer for crimes they did not commit. As the English jurist William Blackstone wrote, and then Benjamin Franklin extended further to 100 guilty persons, “[B]etter that ten guilty persons escape, than that one innocent suffer”. Erroneous convictions have immeasurable consequences for exonerees, victims, and the families of all involved parties. The notion and principle that our justice system should err on the side of caution to ensure fairness is enshrined in American Law through the United States Constitution with the presumption of innocence until proven guilty.

Yet, even under this cautionary approach, far too many innocent individuals continue to pay the price for crimes they did not commit. Thankfully, there are organizations around the world dedicated to righting these wrongs. One such organization, The Ohio Innocence Project (“OIP”), operates just 50 miles south of the Dayton Bar Association. The work of OIP plays a crucial role right here in the state of Ohio to ensure these injustices are rectified. Since 2003, OIP, partnering with the University of Cincinnati, has dedicated its mission to rectifying these wrongs. Over the last 20 years, OIP aided in the release of 39 wrongfully convicted Ohioans, including Dayton native, Dean Gillispie, who collectively served over 700 years behind bars. This year, the Young Lawyer Division (“YLD”) is hosting the Second Annual Cornhole Tournament to support OIP’s efforts.

The Cornhole Tournament's Significance

As attorneys and officers of the Court, it is only natural that we strive to ensure core principles of the legal system we swear to uphold are promoted.

One of these principles is that ALL are presumed innocent until proven guilty.

OIP works to ensure that our legal system address its mistakes and rectify them whenever it decides to hold a person accountable for a crime. It is important for the YLD, and the greater Dayton Bar Association, to raise funds and awareness 10

DAYTON Bar Briefs | MAy/june 2023

for OIP because, without their dedication and valuable work, innocent people will continue to serve time behind bars without the resources and support that they so desperately need and deserve. The funds raised by the YLD cornhole tournament is just one way that we here in the Dayton community can support OIP to continue its work as a bastion of our constitutional rights.

About Last Year’s Cornhole Tournament

Last year, the 2021-2022 DBA Leadership Development Class hosted the DBA’s first cornhole tournament. Inspired by OIP and a similar organization, Equal Justice Works, the Leadership Deve l o pm e n t C l a s s raised over $1,800 to support these two organizations. Like any tournament, the cornhole festivity brought out top competitors across various firms, practice areas, state agencies and courtrooms for a multi-round knockout competition.

Ultimately, the Public Defender’s office took the 2022 title - which the YLD is hopeful they will defend (pun intended).

This Year’s Guest of Honors and Tournament Goals

Looking Ahead

The YLD seeks to bring together a broad diversity of lawyers to support this amazing cause. While the cornhole tournament, fosters a competitive, but funspirited environment, the work this event supports makes it a vital event for all DBA members to attend.

This year the YLD's goal is to raise $5,000 for OIP. The event is slated for Thursday, May 25th at the Dayton Beer Company (however, this information is subject to change). Be on the lookout for tournament updates and registration. If you are interested in volunteering, please reach out to YLD Co-chairs Jordan Jennings and Kaylee Price.

Similar to last year’s event, this year’s tournament will recognize two Ohio exonerees: Roger “Dean” Gillispie and Robert McClendon. The YLD is honored to have these remarkable men attend this year’s tournament once again to educate and enlighten the members of the Dayton bar about the importance of OIP’s work.

Dean Gillispie served 20 years in prison for crimes he did not commit. At 46 years old, Gillispie walked out of prison on Christmas Day 2011. In 2015, Gillispie’s Motion to Dismiss his indictment was granted by Montgomery County Common Pleas Judge Steven Dankof. After a series of Appeals, Judge Dankof ’s ruling was ultimately upheld, and Gillispie’s case was officially dismissed in 2017. Gillispie is the 12th person freed with the assistance of OIP. Since his release, Gillispie remains heavily involved as an advocate for the organization.

Robert McClendon, was exonerated after spending 17 years in prison for a crime he did not commit. Since McClendon's exoneration, he has accomplished some remarkable achievements, including advocating for criminal justice reform, like Gillispie, and becoming a nationally ranked cornhole player.

Both Gillispie and McClendon serves as an educational ambassador for OIP, often speaking at community groups and high school, college, and law students around the state.

HERBERT M. EIKENBARY

Trust

What is The Eikenbary Trust?

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

Individual loans, are available up to $6,000 at 4% interest, while grants up to $4,000 are also available.

To Apply: Jennifer Otchy, DBA Chief Executive Officer Dayton Bar Association | 109 N. Main St., Suite 600 | Dayton, OH 45402-1129 jotchy@daybar.org | 937.222.7902 | www.daybar.org MAY/JUNE 2023 | DAYTON Bar Briefs

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Getting to know...

The Honorable Judge

Kim Melnick

By DBA Editorial Board Chair, Zach White Esq. | Coolidge Wall Co., LPA | White@coollaw.com

You were appointed to the Montgomery County Court of Common Pleas (General Division) by Governor DeWine in March 2022, and then retained that seat in the November 2022 General Election. What inspired / motivated you to want to be a Judge with the Montgomery County Court of Common Pleas (General Division)?

I had spent 28 years as a trial attorney. My career had been dedicated to public service as an assistant prosecutor. With the judicial openings that occurred, I was approached by several people about seeking the appointment. It was something I had always thought about doing at some point in my career. I felt that my “time in the trenches” would assist me in transitioning from a trial attorney to a trial judge and it would allow me to continue to serve Montgomery County in this new role.

Please describe your experience running for office.

Running for a county-wide office was a big endeavor. I was taking on my new role as a judge and kicking off my judicial campaign all at the same time. It was all consuming, required 100% commitment and also extremely rewarding. I knocked on thousands of doors all over Montgomery County, spoke to groups, walked in parades, and went to candidate forums. I met thousands of people, ran into old friends that I hadn’t seen in years, and made some wonderful new friends along the way. From June until November I don’t think I had more that a handful of free nights. It was an experience that most

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people don’t get to have and I wouldn’t trade it for anything. My family and friends were amazing in their support and their help. I couldn’t have done it without them.

How do you believe your professional experience as a Prosecutor – mostly with the Montgomery County Prosecutor’s Office – prepared you for your current role as Judge?

As a prosecutor, I have handled thousands of cases in my career. My time was spent preparing and taking cases to trial for decades.

I understand the dynamics that are involved with motion hearings, jury trials and bench trials. I have an in-depth knowledge of the Rules of Evidence and Procedure. This was invaluable in transitioning from a trial attorney to a trial judge. Fairness and reasonableness are still of utmost importance.

That is now applied across the board in criminal and civil matters that come before my court.

How do you believe your personal experiences as a Montgomery County native prepared you for or otherwise shaped how you approach your role as a Judge in Montgomery County?

Living in Montgomery County almost my entire life has definitely influenced my approach as a judge. I care about what goes on in Montgomery County. I care about the people who live here and our community as a whole. I live here too. I want the reputation of our courts to be professional and highly competent. I want our citizens, my friends, family, and neighbors, to feel like our

court system is knowledgeable, timely and fair. I will do all I can to promote that for our community.

What has surprised you most in your time on the Bench?

I knew that my perspective would change due to transitioning from an adversarial role to a judicial role. I had to get used to knowing very little about the cases that come before me. As a trial attorney, I knew every detail of my cases. Now, I only know what is shared by counsel in one form or another.

Even the change in physical location from counsel table to the actual bench influenced that difference in perspective. They say that “Lady Justice” is blind. I was surprised how much that actually rings true.

When you are away from the office, what are some of your favorite things to do / hobbies you enjoy?

I have always loved the outdoors. My fiancé and I are also huge animal lovers. We have three rescue dogs and two rescue cats that keep us very busy. One of the dogs is a tireless frisbee dog. Other that that, we love our families and spend a lot of time with them

Any fun facts you would like to share about yourself?

I’m taking up wood working and am building a new table.

MAY/JUNE 2023 | DAYTON Bar Briefs

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Paralegal

Tough Conversations, Life Decisions & Planning Ahead...

By Dana Ryan, Paralegal, Co-Chair, Paralegal Section | Taft Law | ryand@taftlaw.com

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lthough I am not a “legal” expert on the topic of estate planning and probate, making decisions and having tough conversations about life (and death) choices has been a big part of my life over the past several years.

As a child, teenager, and young adult, and even as a grown adult, we often do not think about many topics that will ultimately affect our lives.

Whether we choose to acknowledge it, death is a part of all of our lives in one way or another.

How we choose to address the topic can make a huge impact on our lives… mentally, physically, and financially.

I decided to write this brief article hoping to help people from a personal perspective rather than a legal standpoint. The information I am providing is solely to offer guidance and encouragement to prepare for and make decisions regarding some difficult and important life events. These are experiences that most of us will go through, but are not typically the part of our lives that any of us like to discuss.

What I have learned over the past several years is the importance of having conversations with our loved ones, family or friends, about what we want in life and death, and what they want in life and death. Having these conversations sooner rather than later can make a BIG difference; and having them early when sickness or tragedy are not involved can make the situation much easier to discuss. Knowing our wishes and conveying those wishes to loved ones can make life less complicated once a difficult, sad, or unexpected event occurs. Once this happens, it becomes even more difficult to talk about… and often, it is never discussed.

After this happens, many “what ifs” can be overwhelming and then life becomes stressful on top of dealing with grief and sadness.

Planning ahead by preparing a Will or Trust can be so important. Having your wishes known and documented can put you at ease now and your loved ones at ease later. Having 14

DAYTON Bar Briefs | MAY/JUNE 2023

beneficiaries listed on your accounts (banking, insurance etc.) can make an unbearable event more simplified and less stressful. These are things that I learned, both good and bad, but I certainly learned the significance in doing so.

Also important is naming a power of attorney, an executor or trustee. There may be bumps along the way when preparing these documents, but making your wishes known will undoubtedly make the process much smoother for everyone involved. Do not feel guilt or obligation over something or someone you did or did not include. These are your choices. The process is meant to reduce stress and worry and make life a little less complicated. I cannot promise that there will not be some obstacles, disappointment or conflict but I can promise you some peace of mind knowing you did what you could to be prepared. I was once told by a very smart and wise man, make the decisions, and then let it go… Although that is much easier said than done.

Find someone you trust and respect and who will honor your wishes. Find someone who will guide and support you and that will answer ALL your questions when preparing your documents. Find someone who will be diligent in executing and following through until completion. Be persistent and stay on top of things. Do not take anything for granted and do not assume. These are YOUR wishes; your documents; and this is your life. Make sure you are being heard.

Have conversations NOW with your parents, spouse, significant others, children, siblings, relatives, friends, or anyone who may be affected by your choices and decisions. Talk openly and honestly about what you want and what they want... It may sound odd, but try to make the conversation light-hearted and simple.

Although there is nothing simple about the topic of life and death, having to handle things “after the fact” is never simple.

Time goes by fast. We all too often say, “I’ll do it tomorrow.” Make a point and do it today.

Have Conversations. Make Decisions. Plan Ahead…. Then, LIVE LIFE TO THE FULLEST and remember, “let it go.”

In memory of my dad…

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

Professional Investigative and Legal Support Services Firm

 Polygraph  Asset Searches  Criminal Defense  Process Service  Witness Locates / Interviews  Surveillance  Civil Case Prep  General Investigation DAYTON: 937 / 438–0500 Fax: 937 / 438–0577

15

Workers' Comp/Social Security

Lawyers, Disability and the Advent of Artifical Intelligence: A NOIR STORY A Story By Michael Rake Esq., Co-Chair, Workers' Comp/Social Security | Horenstein Nicholson & Blumenthal, LPA | mrake@hnb-law.com

I

t is Monday and the day is dying. I am in the office with my tie loose and my sleeves rolled up. Heavy rain is drumming the window. It’s a Raymond Chandler kinda day, complete with a voiceover in my head. There is a low saxophone soundtrack playing sorrowfully. To hear it you have to listen closely.

My office is cluttered. Papers all over, even though the world is electronic. It hasn’t been the best day for me. I am late for an appointment with my doctor, but I am still here. I am still with her.

I don’t have words. All I have is a headache and lump in my throat. Can’t do much with that. The lady across from me is crying. She can’t understand why I lost her case. The long and short of it is that she is a grieving daughter.

Filled with pain and frustration because her father died of a heart attack while his disability case was pending. I’m a lawyer. I’m a disability lawyer for crying out loud. I’m supposed to help people like this.

It was a mess from the very beginning. We lost at every level. Her father was denied by the Agency, by the judge and by the Federal Court.

Despite his underlying impairment, there was substantial evidence his file that his condition 16

DAYTON Bar Briefs | MAY/JUNE 2023

was WNL. That means ‘within normal limits’ up until the day he didn’t wake up. As always, some evidence was supportive, and some was not. Because some of it was within normal limits, there was substantial evidence to deny.

We went over the case again and I provided Kleenex and apologies. She left and I walked her to the elevator. The doors closed and her face disappeared, but I could still see her in my head. Back in the office, I scrolled through the file absently. Gait: WNL; Station: WNL, Head, Ears, Eyes, Nose, Throat: WNL; Ability to dress, undress: WNL; ability to lift and carry: WNL. And so on. Normal functioning said the judge. Harmless error said the appeals court. I just don’t understand, said my client’s daughter.

He’s dead. How could he have worked as a hand packager? What even is a hand packager?

Feeling bad but without any good options, I turned off the computer and headed to my doctor, already 10 minutes late. I needed a blood pressure check and a refill of my medication.

Systolic was up and stress was up, but the rest of me was down.

“How are you doing?” asked the nurse, tearing the Velcro cuff off my arm with a rip.

“Hanging in there” I said, as she spun around

like a ninja to type on her computer. I watched over her shoulder. Everything on the screen began to self-populate. WNL. WNL. WNL. “WNL,” I thought. “More like WTF.” Said the millennial tinged voice in my head. “What the heck was going on here?

I looked as closely as I could. Ability to dress and undress: WNL. On the screen as clear as day. A little weird though, since I didn’t get dressed or undressed. I guess I did roll up my sleeve. The nurse left, the doctor arrived. A second blood pressure test. More typing. More self-populating.

Later, armed with a prescription and some advice to take it easy, I drove through the rain, windshield wipers swaying, rain a drumbeat, headache thumping. I don’t wear a fedora, but if I did, it would be soaking the seat next to me.

I wonder what my medical records would say if I requested them. Would they tell me everything was WNL even if it wasn’t? Does it matter? Notwithstanding my wife telling me my ties don’t match, I can pretty much dress myself, so there’s no conflict here, but did this happen to my client?

With the advent of managed care, are the computer programs self-populating informa-

tion to make it easier? Are we trading easy for correct? Is the default setting on a medical chart WNL? Is this hurting my clients? Too many questions and not enough answers.

While I steadfastly believe that the medical providers can properly evaluate their own charts and do a good job of tracking things, do subsequent reviewers understand how managed care programs work? I had a dark feeling that they didn’t. Especially after my recent case.

I needed a drink. If there was a saloon, that’s where I would have gone. I would have pushed open the swinging doors and nodded to the bartender. I would have caught the frosty mug sliding down one handed. A casual salute from me as the jazz kicked in. But that’s not real. Likely I ended up at an Applebees or an Outback, maybe a Frickers. And I was probably drinking a coke. Probably through a straw - God help me.

Local lawyers around me. Talking. Shaking their heads. These were smart ladies and gents.

Always thinking high level thoughts. Finger on the pulse and all that. I overheard their chatter.

“Have you heard about CHAT GPT?” one of them said.

“Taking over the world” Another one said.

“What?”

“It’s an Artificial Intelligence program. It is totally free.”

“Artificial intelligence? You mean like HAL or the Terminator?”

“Well, no, not evil like that.”

“Sure sounds evil.”

“It’s just a program that learns probabilities in language. It’s got no morality either way.”

“You should try it. It will make your life so much easier. Seriously. It’s especially good at writing. Books, songs, short stories.”

“It writes short stories? Seriously?”

“Yeah, and they are good. It’s likely that someday computers will write all the fiction we read.

Romance, Mystery, Horror, anything you want, the computer can write it.”

“How does it know how to write?”

“It is learning from us right now. Every time you use it, it studies the pattern of words. It’s getting smarter. You just give it directions and maybe some edits and it will write anything.”

“It writes so much better than my associate.”

“I don’t buy it,” said an older guy. “Good art

comes from pain. People write about their lives.

They put it to paper. That’s how it has always worked. Computers can’t feel pain, they can’t compete with humans in the pain department.

We know that for sure.”

“Okay, but what about legal briefs and legal decisions and all that?”

“Judges won’t even need clerks anymore,” somebody snorts.

“Well, at least not human clerks. They will just feed a thumbs up or down into a computer and it will spit out the rationale for them. This thing is smart. It will be able to track precedent.”

“Totally helpful for the judiciary. Especially within the disability program. All the adjudicators at every level are way too busy. Have you seen all the applications and pending appeals?

They need some way to get the cases moved.

Better a quick decision assisted by a computer than no decision at all.”

“What are you saying? That’s crazy. They won’t let that happen. People need to still pull the levers and review everything to make sure its correct.”

“Computers are better at making sure things are correct. People make mistakes all the time.”

“Come on, man” says a guy, who looks a little like Joe Biden.

“It’s probably not as bad as you are saying.

It will probably just provide us an outline and we can fill it in. The government already uses templates for everything anyway. It helps make things efficient. Just read through the decisions.

Templates all the way.”

“It will just self-populate.”

“Geez, we are all going to be replaced.”

“Nah, you won’t be replaced by AI, but you will be replaced by a human who using AI.” Feeling the headache worsening, I narrowed my eyes, rubbed the stubble on my chin and drank from my straw in a cool sideways way.

“Don’t worry,” I said. “The good guys will always win. Maybe not in this life, but surely in the next. Human beings’ matter. We can help each other. We can solve this.”

Rolling eyes. Something that sounds like a bark or a laugh. A look of disdain.

“Toothpaste doesn’t go back into the tube,” someone says. “You are being naïve.”

Time to go. I finally head home. Thankfully. My house, warm, dry. My wife, my three

daughters. Smiles, hugs, comfort from a weary day. We look at each other. Silence, smiles, not too much verbal communication. Maybe not the best time to talk about anything serious. Let’s just sit together. We can eat. We can relax. My headache will subside and my blood pressure will drop. One way or another, it will work out.

“How was your day?” She asks me.

“Within normal limits,” I say.

Later, on the couch.

“Can I play with you cell phone daddy?” my 5-year-old asks, her eyes big.

I feel a pit grow in my stomach.

“Not right now, sweetheart. Maybe we can play outside instead?”

“But its dark Dad, and it’s raining.”

Yes, it is baby, it is dark. And it is raining.

“How about I tell you a story then?” I say.

“Yes! Can you make it scary?” She asks.

“Ok.” I say, trying to get my brain to turn back on. I need to think of a good story. I look up, considering. My laptop is right there, on the side table. It is daring me to reach for it.

!

DBA DATES E S E H T E V SA th

May25 Tournament le o h n r o C D YL st June 1 ing Annual Meetht June 29 Trivia Nightrd November 3 ce onferen Bench Bar C 1st December Certification Criminal Law

MAY/JUNE 2023 | DAYTON Bar Briefs

17

DBA Membership Renewal

18

DAYTON Bar Briefs | MAY/JUNE 2023

DBA Sections/Groups/Divisions

Thank you 2022-2023 DBA Section Leaders!

Meetings have adjourned for the year. We invite you to join a section in September 2023.

Appellate Court Practice

Diversity Issues

Leadership Development

Terry Posey Jr. & Jeff Sharkey

Ashton Hood & Prof. Ebony Davenport

Sabra Tomb

Bar Exam & Qualifications

Domestic Relations

Paralegal

Jack Hilgeman & Harry Beyoglides Jr.

Mag. Jacqueline V. Gaines & Kristie Gotwald

Vanda Morgan & Dana Ryan

Certified Grievance/Professional Ethics

Estate Planning Trust & Probate

Karen Bradley & Julius Carter; Joseph Oehlers & Adam Webber

Ed Smith & Kristina Rainer

Civil Trial Practice & ADR

Federal Practice

Jeff Cox & Michael Sandner

Dan Gentry & Hon. Peter Silvain, Jr.

Corporate Counsel

Juvenile Law

Marcie Hunnicutt & Lynn Reynolds

Misty Connors & Sara Barry

Public & Member Services

Hon. Christopher Epley & Hon. Mary Katherine Huffman

Real Property

Shannon Costello & Shannon Martin

Social Justice Group

Mag. Bonnie Rice

Workers’ Comp & Social Security Criminal Law

Kyle Lennen & Prof. Thaddeus Hoffmeister

Employment Law

Marc Fleischauer & Gretchen Treherne

Kristina Curry & Mike Rake

Young Lawyers Division

Jordan Jennings & Kaylee Price

MAY/JUNE 2023 | DAYTON Bar Briefs

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DBA Continuing Legal Education

May: Straight Talk: Acknowledging & Tackling Montgomery County's Mental Health Crisis Mon, May 22 | Noon-1:30pm | 1.5 Gen Hrs | Seminar Room Judge David Brannon, Montgomery County Probate Court Magistrate Brittany Doggett, Montgomery County Probate Court An honest view of what boots on the ground are seeing and the systemic problems that need overhauled; an update on what efforts are being made across the County and State to address issues including various collaborative efforts; and the game plan for the Montgomery County Probate Court and the direction other agencies are going Presented by the Domestic Relations Law Committee.

DR 101: Preparing a Divorce Part III Wed. May 24 | Noon-1pm | 0.75 Gen or NLT Hr | Courthouse Gary Schaengold Esq will continue the presentation on the overview of the process of filing a divorce as a DR attorney.

Presented by the Columbus Bar Association

2023 Ohio Supreme Court Rules Update Proposed Practice and Procedure Rule Amendments (effective July 1, 2023)

Thurs. May 25 | Noon-1:30pm | 1.0 Gen + 0.5 PC Hrs | Zoom Michel Jendretzky, Legal Counsel, Supreme Court of Ohio Bryan M. Smeenk, Deputy Chief Legal Counsel, Supreme Court of Ohio Miscellaneous Rule Changes; Unauthorized Practice of Law; Overview of the Rules for Government of the Bar Amendments; and Specific Professional Conduct Amendments

The Science of Compliance Thurs. May 25 | 4-5pm | 1.0 Gen Hr | Wright Brothers Institute Paul Fiorelli, J.D., MBA, CCEP, Director of the Cintas Institute for Business Ethics, Professor at Xavier University Have you ever wondered: 1. How the Sentencing Guidelines calculates organization fines?

2. What factors will the Department of Justice use in evaluating your Ethics and Compliance Programs?

3. What's the difference between a Deferred Prosecution Agreement, Non=prosecution agreement and a Declination?

4. Does the Biden Administration DoJ take a different view than the Trump DoJ? (The answer is yes) Presented by the Corporate Counsel Committee.

June:

Friday, December 1 | 8:30-4pm DBA Seminar Room 5.0 gen hrs + 0.5 pc hrs TENTATIVE PROGRAM AGENDA: 8-8:30am Introduction: Montgomery County Lingo 101 Judge Richard Skelton, Montgomery County Court of Common Pleas 8:30-9:30am (1.0 Gen hr) Pre-indictment, Arraignment, Bond Review, and Grand Jury Nick Gounaris Esq., Gounaris and Abboud, LPA 9:40-9:45am BREAK 9:45-11am (1.25 Gen hr) Discovery, Pretrial Motions, and Pleas Travis Dunnington Esq., Montgomery County Public Defender 11-11:45am (0.75 Gen hr) Investigation and Trial Preparation Anthony VanNoy Esq., VanNoy Firm 11:45-12:30pm LUNCH 12:30-1:45pm (1.25 Gen hr) Dispositions, ILC, Diversion, and CCS Alysia Goss Esq., Montgomery County Public Defender 1:45-2:15pm (0.50 Gen hr) Judicial Release, Record Sealing/Expungement, and CQE Judge Angelina Jackson, Montgomery County Court of Common Pleas

*Please see rescheduled date for the Criminal Law Certification Course that was previously scheduled on June 22. That date has now been changed to December 1..

2:15-2:30pm BREAK

Wellness Wednesday: Bike Law

2:30-3pm (0.5 Gen hr) Specialty Courts Judge Gerald Parker, Montgomery County Court of Common Pleas

Wed. June 21 | 2-3:30pm | 1.5 Gen Hrs | Seminar Room Biking activity to follow led by Judge Chris Epley and Bike Law Lawyer Steve Magas!

July:

3-3:45pm (0.75 Gen r) Appeals, Fees/Billing, and Client Control Kyle Lennen Esq., Lennen Law LLC and John Pinard Esq., Law Offices of Pinard and Bryan

Wellness Wednesday: Social Resilience Model Wed. July 19 | 3:30-5pm | 1.5 PC Hrs | Seminar Room Brittini Long, ADAMHS 20

DAYTON Bar Briefs | MAY/JUNE 2023

Stay tuned for more Summer CLE & Events!

For CLE & Event Sponsorship details visit online at daybar.org

for online offerings & registration On-Demand DBA CLE

scan qr code!

MAY/JUNE 2023 | DAYTON Bar Briefs

21

A Very Special Thank You to our 20

22

DAYTON Bar Briefs | MAY/JUNE 2023

022-2023 Outstanding Members!

MAY/JUNE 2023 | DAYTON Bar Briefs

23

From the Judge's Desk

A View from the Bench G

reetings, Sisters and Brothers of the Bar! It’s been quite some time since we’ve talked. Your luck just ran out! The topic of this installment? Trial Judges: Friends or Foes?

This past October, along with Cincinnati Law Professor Mark Godsey1, Ms. Rachael Troutman2, Dean Gillispie3, and Hancock County Common Pleas Judge Reginald Routson4, I brought to you a seminar – What It Means to Be a Criminal Defense Lawyer. I have been told by any number of attendees that this seminar was the finest they’ve ever attended. That remains for others to say.

Before the seminar commenced, and at the suggestion of Judge John W. Kessler, Ret.,5 I passed out 3x5 cards to the attendees and asked them to answer a single question: Is the trial judge your friend or foe?

For those answering “Foe”, I asked them to provide the primary reason for their response. Roughly 80% responded: Trial Judges are Way to Cozy with the State6 Sadly, none of us are shocked by this verdict7 because plainly trial judges are too cozy with the State, which is to say Prosecutors and the Police, i.e., the Executive Branch.

But the admonition of the Seminar was a Call to Arms, really. And hope stirs.

Recently two Defense counsel in separate cases, came to see me to discuss certain matters of importance to them and their clients. In one case, heading for a retrial in a sister county, Defense counsel faced questions on the frailties of Human Memory and Cross-racial misidentification. In the other, Defense counsel was seeking Bond Review. Both lawyers knew that I have spoken and written on these topics, urging my fellows on the trial bench to take more nuanced approaches to our tasks.

In particular, I have spoken and written frequently on meaningfully instructing jurors, both during selection and thereafter, on bias, implicit bias, prejudice, and the frailties of human memory and eyewitness identification. I have also spoken and written at every turn on the misuse of cash or money bail to essentially warehouse the Accused, presumed innocent, thereby unwittingly8 contributing to wrongful conviction and imprisonment.

So it came as vindication of sorts when the aforementioned Defense counsel paid me separate visits to discuss, philosophically, the considerations in each of their cases impacting the delivery of ACTUAL, AUTHENTIC, REAL Due Process and Fundamental Fairness.

In the retried case, the jury hung and the court declared a mistrial. Defense counsel had a life experience he’ll never forget when a tearful juror embraced him in thanks for enabling and empowering her to do her duty because the State had not met its burden of proof on cross-racial eyewitness identification.

In the pending case, Defense counsel advised that the assigned trial judge had meaningfully and thoughtfully considered bond and set its terms including its monetary component, properly and fairly balancing protection of the public and the Accused’s presumption of innocence.

Long story short? Take pride in what you do as lawyers. It matters – not only for your clients and the criminal justice system, but just as importantly for you and the life’s work you’ve chosen.

And let’s face it: trial judges need all the help you can provide us.

Until we meet again on these pages...

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DAYTON Bar Briefs | MAY/JUNE 2023

By The Honorable Steven K. Dankof Montgomery County Common Pleas Court Steven.Dankof@montcourt.oh.gov

ENDNOTES: Director of Ohio’s Innocence Project.

Head of the Ohio Public Defender’s Death Penalty Division.

3 Wrongful Conviction Exoneree.

4 The Dean of CLE for Ohio’s Common Pleas Judges Association.

5 Former Presiding and Administrative Judge of the Montgomery County Common Pleas Court.

6 Or similar sentiments to this effect.

7 Indeed, Judge Kessler predicted as much.

8 Or otherwise.

1 2

Don’t Hire Just Any Mediator.

Hire an Experienced Litigator, Former Judge, Vorys Attorney. “[Former] Judge Callan mediated a personal injury case for me. She was obviously prepared. Throughout the mediation, she demonstrated her knowledge of facts, the law, and the issues. She was able to draw on her experience to bring about a resolution of our case. It was very helpful to have an experienced jurist preside over our mediation.”

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.

– A.V.

Elizabeth “Libby” Callan, former Hamilton County Court of Common Pleas Judge and Of Counsel at Vorys

Vorys, Sater, Seymour and Pease LLP 301 East Fourth Street, Suite 3500 Great American Tower Cincinnati, Ohio 45202 vorys.com

MAY/JUNE 2023 | DAYTON Bar Briefs

25

Social Justice

By Mag. Brittany A. Doggett, Montgomery County Probate Court, Member of the Non-profit Clearinghouse subcommittee.

A place to belong: Miracle Clubhouse assists people with mental health needs

A

few 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.

The president of my former firm knew I had an interest in helping people with mental health issues and connected me to one of the most intriguing models for mental health rehabilitation in the Miami Valley.

Adults recovering from mental illness have a safe, judgment-free space – Goodwill Easterseals Miami Valley’s Miracle Clubhouse – where members participate in work-structured activities, share lunch and community, and receive job and educational services.

What Miracle Clubhouse is about

Part of the GESMV Community Services Campus and located at 243 Warren St. in Dayton, Miracle Clubhouse is open to any adult with a mental health diagnosis. Member dues are $1 per day. The 4,200-square-foot, fully accessible facility is across the street from Coco’s Bistro and includes meeting rooms, a full-service kitchen, educational and job resources and a garden. Produce harvested from the garden serves as ingredients for healthy lunches planned and served by members and staff.

Miracle Clubhouse is open Monday through Friday from 8:30 a.m. to 4:30 p.m. and on certain holidays so members have somewhere to celebrate.

It is accredited through Clubhouse International (www.clubhouse-intl.org), an evidence-based practice that has been shown to promote recovery from 26

DAYTON Bar Briefs | MAY/JUNE 2023

This article is one of a series from the DBA’s Social Justice Initiative to inform our membership about, and enhance their participation in, many of the non-profits in our community that address issues of “social justice.”

mental illness. Once I toured the Clubhouse and spoke with Kathy Trick, who has served as the MC’s program coordinator for its 11-year entirety, I was all in. I immediately joined the Advisory Council so I could contribute to this wonderful organization.

At the heart of the Clubhouse model is a sense of community and the belief that work and relationships are rehabilitative. Inside Miracle Clubhouse, everyone is equal. Members are needed, belong and engage in all aspects of the program’s operation. Through this work, skills and relationships are developed which lead to recovery and increased self-sufficiency, employment and socialization in the broader community. Members have structure that allows them to grow as individuals.

The Clubhouse model is growing

Thanks to Miracle Clubhouse, its counterpart in Cleveland, Magnolia Clubhouse, and state funding, the Clubhouse movement is gaining ground in Ohio and neighboring states, Trick told me. Pathways Clubhouse in Columbus received a leg-up from Dayton, as did start-up Clubhouses in Cincinnati, Delaware and Union, Portage, Mahoning, Ashtabula and Geauga counties. Interested groups in Kentucky also have visited Dayton’s Clubhouse to see about starting their own programs.

“It has been great to help promote and establish obtaining funding through Ohio Department of Mental Health and Addiction Services,” she said. “The Clubhouse model is becoming more recognized as something that truly works, and it’s been incredible to meet these organizations that are starting up new Clubhouses in our state. We provide support, friendship and mentorship – just as Magnolia Clubhouse did and still does for Miracle Clubhouse.”

“This is a legitimate model of rehabilitation with proven success rates,” Trick continued. “It lowers rates of hospitalization and incarceration, thus saving taxpayer dollars and improving people’s lives.

“It’s been very exciting for our members to know what they’re doing is being replicated across the state,” she said. “I think they see the bigger picture that it is truly an international model with hundreds of Clubhouses that help eliminate the stigma – that mental illness can happen to anybody, anywhere, and recovery is possible.”

When experiencing Miracle Clubhouse, you get the opportunity to see success stories because you see members who have had issues and managed to work through them. It’s very encouraging to see individuals who have been in crisis, at their lowest point and usually in the hospital, and then you see them improving.

Celebrating 11-plus years of community service

Having relationships, a purpose and meaningful work are the means of recovery, and that is what Miracle Clubhouse provides. Trick has served as program coordinator since the Clubhouse was launched in 2012 in the basement of the former St. Elizabeth’s hospital.

“It’s great how we have grown. I come every day and am inspired by the members and staff,” Trick said.

She pointed to Goodwill Easterseals Miami Valley’s commitment to behavioral health.

“We are grateful they decided to put some of their mission-based funding into this program,” Trick said. “They are innovative and forward-thinking for better ways to serve individuals.”

The new GESMV West Campus Community Services Center in Trotwood is a prime example, she said, and will include some behavioral health components.

Area responses are improving

During her tenure, Trick said she has seen progress and increased efforts by the Montgomery County ADAMHS Board and other organizations to boost and coordinate services so area individuals living with mental health challenges are better served.

The MC also serves as an integral part of the area’s Crisis Intervention Team training for police officers and first responders. Members and staff give presentations during the training so those in attendance develop a better understanding and response when encountering someone experiencing a mental health crisis.

“If I am an officer responding to an individual suffering a psychiatric episode, I can learn how to de-escalate my response to their behavior,” Trick said. “It’s all about the response and understanding mental illnesses and seeing the individual as a person.”

“I’ve heard so many times from officers who see our members and remember, despite the stress of their job, that they are people – they see their humanity.”

Trick said she appreciates the collaboration between Montgomery County and Dayton courts, the Montgomery County ADAMHS Board and the CIT training program.

“It improves our community,” she said.

Learning About Clubhouse

A luncheon called “We Are Mental Wellness 2023” will be held May 18 from 11:30 a.m. to about 1:15 p.m. at Dayton’s Carillon Historical Park in the Eichelberger Pavilion. The event, sponsored by Ferguson Construction, WHIO-TV and K99.1 FM, will feature remarks by mental health speaker Mike Veny, an online auction sponsored by Gary and Rachel Auman, networking and a Miracle Clubhouse member presentation.

Information regarding “We Are Mental Wellness” can be found online at https://gesmv.org. For more information, see www.gesmv.org or call MC coordinator Kathy Trick at 937-262·7983 or k.trick@gesmv.org. On Facebook: www.facebook.com/miracleclubhouse

MAY/JUNE 2023 | DAYTON Bar Briefs

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DBA Members on the Move

Charles Lowe Attorney Charles "Chuck" Lowe recently closed his sole practice and has joined the firm of Smith, Meier & Webb as Of Counsel. Chuck has been listed by the Best Lawyers in America for the 26th consecutive year in the practice areas of family law and personal injury.

Photographed at right, Chuck alongside attorney Stan Greenburg. Chuck stated "No two lawyers opposed each other or had more fun than Stan and I. Although we had hundreds of cases against each other, we tried probably no more than 7 or 8. We simply knew pretty much what the Court would do so we settled the rest, thus saving the client money, emotion, and time. That is how it used to be."

Marcella McHenry

Pickrel, Schaeffer & Ebeling Co., LPA is proud to announce that Marcella McHenry recently joined the firm as an Associate attorney. Marcella will be a member of our Business Department, where she will concentrate her practice on Corporate Law, Real Estate Transactions, and Business Law. Marcella completed her undergraduate degree at Ursuline College, where she was also a Division II Cross Country and Track Athlete. She obtained her Juris Doctorate from the University of Dayton School of Law in 2022. While there, Marcella was a Comment Editor and Staff Writer for the UD Law Review, as well as VP of the Intellectual Property Club and TA for Professional Responsibility. Marcella also holds the highest grades (CALIs) in Civil Procedure and Professional Responsibility.

Marcella has experience working for clients in a variety of matters and enjoys the challenges of solving problems and meeting objectives.

28

DAYTON Bar Briefs | MAY/JUNE 2023

Chuck & Stan

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MEDIATIONS

Jeffrey A. Hazlett Esq. 5276 Burning Bush Lane, Kettering, Ohio 45429-5842 (937) 689-3193 hazlettjeffrey@gmail.com nadn.org/ jeffrey-hazlett

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Law Related Organizations GDVLP & UDSL Greater Dayton Volunteer Lawyers Project (GDVLP)

The Justice Gap I

n 2022, the Legal Services Corporation (LSC), the publicly funded 501(c)(3) established by Congress in 1974 and the largest single funder of civil legal aid in the USA, published their Justice Gap Study.

The “Justice Gap” is the difference between the civil legal needs of low-income Americans and the resources available to meet those needs.

This study’s aim was to assess the current status of “low-income Americans’ civil legal needs and the extent to which their needs are met.” The findings are stark, and highlight the overwhelming need experienced by a large contingent of our population.

Approximately 50 million Americans live in households with income below 125% of the poverty threshold. This includes more than 15 million children and nearly 8 million seniors. Under the guidelines for 2023, the 125% mark means an annual wage of $18,225 for a single person. While that amount is less than what full time employment at minimum wage would earn, once the household has children, the gap starts to grow. For a family of 4, 125% of poverty is an annual wage of $37,500 or $18.03 per

By Summer Hawks Esq. GDVLP, Executive Director summer@gdvlp.org (937) 461-3857

hour for full time employment. Imagine a young couple with two small children.

The costs of daycare could make it more economically wise for one parent to stay home with the kids. $18.00 per hour sounds like a livable wage but in reality, this would still cause this family to live in poverty. Ohio has more than 16% of its households falling under this 125% mark.

74% of low-income households experienced at least 1 civil legal problem in the previous year. 39% experienced at least 5 problems and 20% experienced 10 or more problems. “While a significant majority of low-income Americans faced at least one civil legal problem in the past year, they rarely sought legal help. And even when they sought legal help, they typically did not get as much help as they needed.” Only 19% of the individuals surveyed sought legal help for any of their issues and of those who did seek help, a shockingly high 64% received assistance that only partially resolved the issue. Overall, low-income Americans did not receive any legal help or enough legal help for 92% of the problems that substantially impacted them in the past year. And this

lack of assistance also causes these individuals to lose faith in our legal systems. Only 28% of low-income Americans believe that people “like them” are treated fairly in the U.S. civil legal system.

So what does all of this tell us? That the volunteers who assist these families are more needed now than ever. Legal Aid Societies are only able to assist around 51% of applicants. Forms, processes, and local court rules change, causing confusion for individuals who try to represent themselves. Court dockets are clogged with pro se filings that will need to be rejected and amended. If every member of the local bar fulfilled the ABA recommended goal of providing at least 50 hours of pro bono services annually, we could make a significant dent in the Justice Gap in the Miami Valley and Dayton area! The Greater Dayton Volunteer Lawyers Project stands ready, willing, and able to be the tool to help you help others.

Together we can narrow the Justice Gap for our friends and neighbors!

To read the full report, please visit: https://justicegap.lsc.gov/the-report/

University of Dayton School of Law Alumni Scholarship Golf Outing

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DAYTON Bar Briefs | MAY/JUNE 2023

Dayton Bar Foundation Law Related Organizations

Your Gift Will Help

STRENGTHEN Our Foundation.

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. = = = = = = = = == = = == = = = = = = = = = = = = = DETACH AND RE­T URN OR SCAN TO DONATE= = = = = = = = = = = = = = = = = = = = = = = =

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.

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