Bar Briefs
Bar Briefs
DBA Board of Trustees
2025-2026
Jamie H. Greer President
Jeffrey T. Cox
First Vice President
erin B. moore
Second Vice President
Joanna L. GarCia Secretary
ViCToria L. niLLes Treasurer
WiLL P. aLLen
Member–at–Large
ToBy K. Henderson
Member–at–Large
douGLas s. JenKs
Member–at–Large
CHrisToPHer m. WoLCoTT
Member–at–Large
Hon. miCHaeL J. neWman
Immediate Past President
JoHn m. ruffoLo, ex officio Bar Counsel
Jennifer oTCHy, ex officio Chief Executive Officer
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 September/October through SEPT/OCT.
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
of the DBA.
JUDGE'S DESK Columns:
Legacy: The Gift That Deserves Re-Gifting By Jamie H. Greer Esq. Bieser, Greer & Landis, LLP 2025-2026 President
Ohio Redistricting Saga Since 2020 By The Honorable Susan D. Solle Montgomery County Common Pleas Ct Gen Div
David A. Chicarelli, Esq. By Thomas J. Intili Esq. Intili Law Group, a Legal Preofessional Association
Navigating the Labyrinth: A Guide to Cross-Appeals in Ohio By Terry W. Posey, Jr. Esq. Porter Wright Morris & Arthur PLL
DEI...It's not just a punchline By Gary J. Leppla Esq. Leppla Associates, Ltd.
Joanna W. Gisel, Esq. Sebaly Shillito + Dyer By Jennifer Mahan Esq. Intili Law Group, a Legal Preofessional Association
Family Fued Night at the Inn of Court By Lauren K. Epperley Esq. Subashi Wildermuth & Justice
A Grassroots Pathway to a Healthy Democracy By Bonnie Beaman Rice Retired Magistrate
From Balance to Brilliance: Empowering Women in Law to Know Their Worth and Lead Change By Joanna L. Garcia Esq. Thompson Hine LLP & Katherine Holman WilmerHale
Welcome, 2025-2026 DBA Annual Partners!
BIESER GREER & LANDIS LLP
biesergreer.com
Since 1854, Bieser Greer & Landis LLP has helped clients resolve legal challenges efficiently and effectively—both in and out of the courtroom. The firm emphasizes strong client relationships and practical solutions, avoiding unnecessary disputes that add cost without value. Guided by the principle “Never mistake motion for action,” Bieser Greer & Landis focuses on what matters most: understanding each client’s goals and delivering strategic, results-oriented advocacy.
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.
WILMERHALE wilmerhale.com
WilmerHale is a leading international law firm with over 1,100 lawyers across 12 offices in the United States and Europe. Their attorneys operate at the intersection of government, technology, and business, delivering world-class legal and client services. WilmerHale is dedicated to fostering a culture of opportunity, inclusion, and collaboration, drawing on the diverse backgrounds and exceptional talent of our team. WilmerHale, promotes an entrepreneurial spirit and collegial environment while encouraging a strong commitment to public service—through pro bono work, government service, teaching, and support for public institutions and charitable organizations. Their continued focus on excellence has earned them a top spot on The American Lawyer’s 2025 A-List.
PRESIDENT'S MESSAGE
By Jamie H. Greer Esq. Bieser Greer & Landis LLP
AsLegacy:
A Gift That Deserves Re-Gifting
a lawyer, I have been blessed to have learned the ropes from my Dad, David, beginning in the Summer of 1988 when I started clerking at the firm. My Great, Great, Great, Great Grandfather started practicing 202 years ago in 1823. I represent the seventh generation to practice law in my family. Pictured is the Memphis Letterhead of my Great, Great, Grandfather James M. Greer (3rd Generation) and my Great Grandfather Rowan A. Greer (4th Generation) from March 30, 1904, just a few months after the Wright Brothers First Flight. Years later, my Great Grandfather came to Dayton to work on patents for airplanes being developed during World War 1 at Wright Field.
My Grandfather, Rowan A. Greer, Jr., started with the firm which eventually became Bieser, Greer & Landis in 1930. At that time, the firm had already been in existence for 76 years. My Grandfather was DBA President from 1950 to 1951. Dad started with the firm in 1962 and was DBA President from 1981 to 1982. Now it’s my turn.
I know how lucky I am for the gift of the family and law firm legacy I have been given. I also know that it has made my path much easier than others. As a result, I try to do everything I can to preserve the firm legacy so that what has been built over time will give the younger attorneys in the firm a head start.
It is with all this background that I decided that my focus as your DBA President is to preserve our legacy as a legal community. After 35 years of practice, there are 3 things I have come to strongly believe:
1.We have the most cordial and professional legal community in the State.
2. We have the best run courtrooms in the State with Judges who really care.
3. The DBA is the glue that keeps our community together.
How do we keep these 3 things from changing? Communication and dialogue seem to me to be the answer. My goal is to have more interaction between the various generations within our legal community. Although I am a litigator, I want to include all areas of practice as we all need to work through common ground as lawyers and judges. In an attempt to achieve these goals, Jen Otchy, DBA CEO, and I put together a listening tour with the state judges, the federal judges and all organizations who employ 10 or more attorneys in Dayton. Together, we had 15 hour-long meetings with the focus on dialogue and getting each other’s perspective.
The first concept discussed were Quarterly Happy Hour Roundtables where common ground could be discussed among peers. Draft topics were discussed and supplemented
throughout those 15 meetings. With the focus on younger generations, we had the Leadership Development Class pick out the topic for the summer roundtable that took place on June 11th at the upstairs party room at Brixx. That topic was as follows:
A multitude of opportunities in the law— finding your path
Today, a law degree can take you many places - from clerking for a judge, to working in a firm (large and small), acting as inside counsel in a private business, or working for the state or federal government, and so much more. Oftentimes, careers don’t progress in a straight line. This is a discussion about transitions, former experiences, and career trajectories in the law, and how the boundless universe of opportunities in the legal profession can help lawyers find their path.
We had 70 lawyers and judges show up for the event and received a lot of great feedback. Our fall Happy Hour Roundtable will take place at the new offices of Sebaly, Shillito & Dyer from 4:00pm to 6:00pm on Wednesday, September 24th . The topic chosen by the New Lawyers Division is as follows:
Managing Difficult Personalities, Office Dynamics, and Staff Collaboration:
A Practical Guide for Young Lawyers
This session equips young lawyers with strategies to handle difficult personalities in various legal settings. Attendees will learn how to manage challenging clients, navigate firm politics, work effectively with opposing counsel and courtroom staff, and leverage administrative support to foster a respectful and resilient practice.
The winter Roundtable will take place in January and the spring Roundtable will take place in April. More details to follow.
For litigators and judges, the IOC Executive Board changed the format of the Inn of Court to enhance more dialogue. The topics will stay more litigation based and we will stay away from lectures. Panel discussions with a moderator will be more of the norm than the exception. We will also have a team approach where we will form and diversify each team by age and experience. There will be 6 teams in total and teams will sit together for dinner at each meeting where they can plan their presentation in the future. There are 8 total meetings for the year. The last 6 meetings will have presentations by the 6 teams. We are also moving the times up in the hope that this will make the meetings more convenient for those who have a busy evening schedule. Cocktails at 5:00pm, Dinner at 5:30pm, CLE presentation from 6:00pm to 7:00pm.
Finally, we are scheduled to have a panel discussion on October 3rd at Sinclair entitled “Conversation on Diversity: Race, Gender and Age – The Evolution of the Profession.” Our DEI co-chairs, Gary Leppla and Walter Reynolds, have been working hard to put on a stellar program. This is one you won’t want to miss.
In summation, it is my hope that these programs will enhance dialogue so that we can learn each other’s perspectives and preserve the things that are precious about our legal community. It is also my hope that the lawyers and judges will enjoy these programs enough that they will perpetuate themselves for years to come which I believe will keep us all very proud of our profession and feel blessed that we practice in Dayton.
Micajah autRy
Started practicing law in NC in 1823. Became friends with Davy Crockett and died at the Alamo.
jaMes Madison GReeR
Practiced in Holly Springs, Mississippi. Married Micajah Autry’s daughter
jaMes Micajah GReeR
Served as a Judge in Memphis before joining Greer & Greer with his son.
Rowan a. GReeR
Began practice in Memphis. The invention of the airplane brought him to Dayton. Became a JAG Colonel at Wright Field.
Rowan a. GReeR, jR.
In the first class of Oakwood H.S. in 1924. Died tragically in 1967 at the age of 59 when a teenager went through a stop sign.
david c. GReeR
6th-generation attorney, legal historian, musician, and podcast host extraordinaire!
Preserving our Legacy
David A. Chicarelli
On July 8, 1986, a 44-car Baltimore and Ohio freight train enroute to Cincinnati, derailed near Miamisburg. Fifteen tank cars containing yellow phosphorus, molten sulfur and tallow ruptured. A tank car carrying a chemical used to make rat poison, fireworks and luminescent coatings caught fire spewing a toxic cloud a thousand feet in the air. Over 17,000 people were evacuated from their homes in Miamisburg, West Carrollton, Moraine and Jefferson Township. Seven hospitals treated 140 people for injuries to their eyes, lungs and skin.
Five days after the derailment, a group of men wearing what looked like space suits were dropped on top of the last ruptured tank car from a crane. To confirm that it was fully drained, the car had to be cut open with an acetylene torch. A young lawyer by the name of David Chicarelli was there at 3:00 a.m. on behalf of his class of clients to witness the event amidst fire crews and hazmat units. The hope was that by cutting open the tank a new fire and environmental catastrophe would not ensue.
Born in Youngstown in 1950, Dave Chicarelli moved to Dayton just before entering the eighth grade. His father, John J. Chicarelli, was a former steelworker who landed a job as the appliance manager at the Kmart on Salem Avenue. His mother, Beverly, soon became the manager of the cosmetics department at the Elder Beerman Department store on Siebenthaler Avenue. Jessie Beerman was her best customer.
After graduating from high school in 1968, Dave matriculated at Miami University earning degrees in political science and
psychology. By attending summer classes at Sinclair Community College and Wright State University, he was able to graduate from Miami early in December, 1971. Desirous of attending law school in the fall of 1972, Dave in the meantime took a job teaching English grammar at Meadowdale for the spring 1972 semester. He enjoyed the experience so much that he considered teaching as a career. Nevertheless, he followed through on his law school plans by enrolling at the University of Cincinnati College of Law.
Throughout law school, Dave clerked at Bronson, Ruppert & Bronson, the Franklin, Ohio, law firm consisting of Neal Bronson, Jim Ruppert and Neal’s wife, Barbara. Ruppert, the former prosecutor, was known for obtaining the largest verdict in Warren County, $5,000,000 in a wrongful death case. He turned down $1,500,000 to settle the case. Neal Bronson later became a common pleas court judge in Warren County. Post-retirement from Kmart, John Chicarelli became Judge Bronson’s bailiff. Known for his quick wit and one handicap, John Chicarelli was to lawyers in his orbit a friend in the courthouse, but an assassin on the golf course. After graduation and admission to the bar in 1975, Dave joined Bronson, Ruppert & Bronson full time. John D. Smith, the prominent Springboro attorney, joined the firm after his graduation from the University of Dayton School of Law in 1980, whereupon the firm of Ruppert, Bronson, Chicarelli & Smith was founded.
Under the watchful eye of Jim Ruppert, young Dave began a career that blossomed and grew until he developed the reputation he now enjoys as one of southwest Ohio’s top
trial lawyers. It did not take long for Dave to rise to prominence. In early 1980, the family of 20 year-old Philip Snyder hired Dave to represent Philip’s estate against the English rock band The Who and its promoters. Snyder was a tragic victim of the crowd disaster occurring prior to the band’s sellout concert at Riverfront Coliseum on December 3, 1979. With unfathomable lack of foresight, and with soundtracks of Quadraphenia emerging from within, the Coliseum opened just two entrance doors for the more than 18,000 concertgoers. The predictable rush of fans resulted in the deaths of eleven persons, including young Philip. Even more fans sustained serious injuries from being trampled. As it happened, Philip suffocated to death under the injured body of his young bride. In the civil case that followed, Dave took the lead during the Cincinnati Club deposition of Pete Townshend amidst a roomful of more seasoned lawyers. The catastrophe did not deter The Who from performing that December night in Cincinnati. The concert went forth as scheduled.
In those early days, not all of David’s cases and clients were quite so newsworthy. He represented numerous firm clients in misdemeanor and felony criminal proceedings, personal injury cases, and domestic relations matters. Even so, one of Dave’s more notorious divorce clients was Ron Peters, Pete Rose’s bookie. Although Peters maintained throughout the case that Rose did not bet on baseball, Major League Baseball’s special counsel, John M. Dowd, took particular interest in evidence produced during that divorce proceeding, evidence that ultimately proved detrimental to Rose’s pleas of innocence. In
continued on page 7
addition to making Dowd’s acquaintance, Dave crossed paths with Roger Makley, Rose’s lawyer, and Dana Martino, the affable former public defender and horse track enthusiast who was Makley’s expert witness on subjects related to illegal gambling.
As Wes Hills reported in his five-part series in the Dayton Daily News, the Dayton Police detective who exposed Peters as Rose’s bookie blew the whistle on extensive and persistent corruption within the Dayton Police Department in an anonymous memo he sent to the newspaper. In the summer of 1985, Judge Carl Kessler appointed Ruppert, as special prosecutor to investigate the matter. His assistant in that investigation was David Chicarelli. After some dissention over Ruppert’s choice of law enforcement investigators, Ruppert withdrew as special prosecutor and Troy attorney, Jose Lopez, was appointed to succeed him. The investigation, characterized by Hills “as the greatest scandal in Dayton police history,” uncovered among other things prolific doctored polygraphs, evidence planting (drugs mostly), illegal wiretaps, and bribery.
The Miamisburg train derailment occurred the following year. Rick Mears, the son of Miamisburg’s mayor, hired Ruppert, who collaborated with Jim Hochman and renowned Cincinnati attorney, Stanley Chesley, to file a class action on behalf of persons injured from exposure to toxic chemicals. Armistead W. (“Bill”) Gilliam, Jr., the respected Smith & Schnacke litigator, was appointed special master. Due in no small measure to Dave’s hard work, the case was settled in the middle of a six-week trial for millions of dollars to compensate the victims of that calamity.
Perhaps Dave’s greatest courtroom triumph occurred in his defense of Susan Daws in 1993. Mrs. Daws was indicted on two counts of murder with firearm specifications for the death of her former husband, Dwayne Daws, and Karen Houseman who was allegedly involved with Dwayne. She claimed self-defense due to a history of domestic violence. Dave requested leave to present testimony of an expert witness on the subject of battered women’s syndrome, a request Judge Erwin Kilpatrick denied. After Daws was tried and convicted of two counts of voluntary manslaughter, Dave appealed. The Second District Court of Appeals reversed holding that Judge Kilpatrick should have allowed the expert witness testimony. On retrial, Dave’s expert testified and Mrs. Daws was acquitted of murdering her husband, but found guilty of manslaughter in the death of Houseman. The case was and is a landmark decision in Ohio jurisprudence.
Outside the courtroom, Dave is equally well known among motorcycle enthusiasts. He has been an attendee of the motorcycle rally in Sturgis, South Dakota, since 1982. In that first year, he rode his Harley Davidson Shovelhead the entire 1,400 miles to the rally. He still owns that Shovelhead along with three other bikes, two Harleys and an Indian Chieftain. His love of motorcycles and the Sturgis rally inspired him to buy a home in Deadwood, South Dakota, and become licensed to practice law in that state. Among other events during the Sturgis rally is the Sturgis Buffalo Chip charity ride. During one such ride, Dave mounted and rode his Hog with Kevin Costner (pictured).
These days, Dave shares his Franklin law office with his son, David, a 2014 graduate of the Chicago Kent College of Law at the Illinois Institute of Technology. His daughter, Alycia Chicarelli, also a lawyer, is employed in Miami, Florida, by Cognizant, one of the leading artificial intelligence technology companies.
Justice Ruth Bader Ginsburg once said, “Whatever you choose to do, leave tracks. That means don’t do it just for yourself. You will want to leave the world a little better for your having lived.” Now in his fifty-first year in practice, David Chicarelli remains one of the most prominent, interesting, and colorful members of the Dayton Bar Association. He has left tracks for many a trial lawyer and aspiring trial lawyer to follow. Unquestionably, the world is a bit better for him having left them.
By Thomas J. Intili, Esq. Intili Group, a Legal Professional Association Editorial Board Chair tom@igattorneys.com
Navigating the Labyrinth: A Guide to Cross-Appeals in Ohio
Across-appeal, where an appellee seeks to challenge aspects of the trial court's judgment, adds a significant layer of strategic and procedural complexity to the appellate process. For practitioners in Ohio, navigating a cross-appeal requires not only a firm grasp of the Ohio Rules of Appellate Procedure but also careful attention to the distinct local rules of Ohio's twelve appellate districts. These local rules often create critical variations in briefing schedules, page limits, and oral argument procedures. This article provides a guide to the statewide framework and then explores the key differences—and uniformities—across the districts.
The Statewide Framework:
The Ohio Rules of Appellate Procedure
The Ohio Rules of Appellate Procedure highlight some of the concerns in handling cross-appeals.
1. Timing of the Notice of Cross-Appeal: Under Ohio Rule of Appellate Procedure 4(B)(1), if one party files a timely notice of appeal, any other party may file a notice of cross-appeal within 14 days of the date on which the first notice of appeal was filed, or within the time otherwise prescribed by the rule, whichever period is longer.
2. The Briefing Schedule: App.R. 18 addresses the “filing and service of briefs,” establishing a default rule for the sequencing and timing of an appellant’s brief, an appellee’s brief, and the reply brief. A cross-appeal is not addressed. As discussed below, this is generally left to local practice (as implemented in each respective appellate district’s Local Rules), but even then, some appellate districts have declined to address the issue.
There are two ways to do this. Most common in the local rules is the “four brief” model: an Appellant’s Merits Brief, a combined Appellee’s Opposition Brief/Cross-Appellant’s Merits Brief, a combined Appellant’s Reply Brief/Cross-Appellee’s Opposition Brief, and lastly, a CrossAppellee’s Reply Brief.
If the appellant and cross-appellant file simultaneous Merits Briefs,
By Terry W. Posey, Jr., Esq. Porter Wright Morris & Arthur Co-Chair, Appellate Practice TPosey@porterwright.com
Opposition Briefs, and Reply Briefs, this is the “six brief” model. Both are used in the Ohio appellate districts.
3. Page Limits: Under App.R.19(A), standard page limits are 30 pages for a merit brief and 15 pages for a reply brief. The statewide rules do not explicitly provide a combined page limit for the consolidated briefs unique to cross-appeals, which is a primary reason practitioners must consult local rules.
4. Oral Argument: App.R.21 generally provides each "side" with 15 minutes for argument. The rule does not specify how time should be allocated or divided in a cross-appeal, leaving this to the discretion of the court or, more commonly, the local rules. We have found that even among different appellate districts, the sequence of oral argument varies in the case of across appeal. Last year at my firm we had an oral argument in the Second District where the sequence at oral argument Appellant, Cross-Appellant, and Appellant concluded on Rebuttal. On the same day in the Fifth District, the order went: Appellant, Appellee/ Cross-Appellant, Rebuttal of Appellant/Cross-Appellee, Rebuttal of Cross-Appellant.
Obviously, practitioners like to get the last word in, but this appears to be a local practice question. None of the twelve Ohio appellate districts address this in their local rules.
continued on page 9
The Local Rule Variations: A District-by-District Breakdown
While the combined brief structure is uniform, practitioners must remain vigilant for local rule variations in timing and page limits.
First District Court of Appeals (Hamilton County)
• Briefing Schedule: Not addressed.
• Page Limits: Loc. R. 19(B) provides that cross-appeals get the same briefing limitations as regular appeals (40 pages for “principal brief,” 20 pages for “reply brief”)
Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, Montgomery Counties)
• Briefing Schedule: Loc. R. 2.21 follows the four brief model.
• Page Limits: Loc. R. 2.2(A) provides the page limit for each respective brief (keeping in mind that Loc. R. 2.21 then requires those briefs to be combined).
Third District Court of Appeals (17 counties in Northwest Ohio)
• Briefing Schedule: Loc. R. 16.1 follows the four brief model.
• Page Limits: Loc. R. 16.1 provides for 25 pages for the initial merits brief, 35 pages for the opposition/cross-appellant’s brief and the reply/cross-appellee’s opposition, with 10 pages for the cross-appellant’s reply.
Fourth District Court of Appeals (14 counties in Southern Ohio)
• Briefing Schedule: Loc. R. 11 requires simultaneous appellant and cross-appellant briefing, which results in the six brief model.
• Page Limits: No local rule alters the standard page limits, but no combined briefing.
Fifth District Court of Appeals (15 counties in Eastern and Central Ohio)
• Briefing Schedule: Loc. R. 9(F) follows the four brief model.
• Page Limits: No local rule alters the standard page limits.
Sixth District Court of Appeals (7 counties in Northwestern Ohio)
• Briefing Schedule: Loc. R. 11 follows the four brief model.
• Page Limits: No local rule alters the standard page limits.
Seventh District Court of Appeals (8 counties in Eastern Ohio)
• Briefing Schedule: No specific local rule for cross-appeals.
• Page Limits: No local rule alters the standard page limits.
Eighth District Court of Appeals (Cuyahoga County)
• Briefing Schedule: Loc. R. 18(A) follows the four brief model.
• Page Limits: No local rule alters the standard page limits.
Ninth District Court of Appeals (Lorain, Medina, Summit, Wayne Counties)
• Briefing Schedule: Loc. R. 11.1 addresses a briefing schedule in an accelerated calendar (three total briefs, no appellant is entitled to a reply), but no other rule references a regular cross-appeal.
• Page Limits: No local rule alters the standard page limits.
Tenth District Court of Appeals (Franklin County)
• Briefing Schedule: Loc.R. 8(D) requires simultaneous briefing (six brief model) unless the cross-appeal is conditional on reversal of judgment of the direct appeal.
• Page Limits: No local rule alters the standard page limits.
Eleventh District Court of Appeals (Ashtabula, Geauga, Lake, Portage, Trumbull Counties)
• Briefing Schedule: Loc. R. 18(B) follows the four brief schedule.
• Page Limits: Loc. R. 16(D) permits 35 pages for the appellant’s brief, 70 pages for the consolidated appellee’s/cross-appellant’s brief, 45 pages for the appellant’s reply/cross-appellee’s opposition, and ten pages for the cross-appellant’s reply.
Twelfth District Court of Appeals (Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble, Warren Counties)
• Briefing Schedule: No specific local rule for cross-appeals.
• Page Limits: No local rule alters the standard page limits.
Key Takeaways and Best Practices
1. Always Check the Local Rules: This remains the cardinal rule. The local rules on cross-appeals are only consistent in that they are inconsistent. The Ninth District has a detailed local rule on cross-appeals in accelerated cases but then not one on regular cases. The Tenth District requires cross-appellant merits briefs to be filed simultaneously with the appellant’s merits brief unless it is a conditional cross-appeal, but then does not provide for a reply brief in that circumstance. Why?
2. Clarify Oral Argument Time: In districts without a specific rule, consider filing a motion requesting additional time and a specific allocation if the complexity of the cross-appeal warrants it.
3. Questions? Call the Court Administrator: The Appellate Court Administrator’s office can provide invaluable procedural guidance on local practice, though not legal advice. They may be an invaluable resource on how oral argument will be handled.
4. When in doubt, file a motion. Just because an appellate district mandates simultaneous briefing, doesn’t mean it’s necessary. Motion to adjust the briefing schedule, page limitations, and to permit consolidated briefing are entirely appropriate. The motions must absolutely be made in a timely fashion.
Ultimately, successfully handling a cross-appeal in Ohio demands a level of diligence beyond that of a standard appeal. By mastering the statewide framework and the specific local rules, practitioners can effectively advocate for their clients and avoid the procedural traps inherent in this complex process.
Terry W. Posey, Jr. is a partner in the Dayton office of Porter Wright Morris & Arthur where he serves as the co-chair of the appellate practice group. He is an Ohio State Bar Association Certified appellate specialist and co-chair of the DBA’s appellate practice committee. He’s argued in all twelve Ohio appellate districts and the Ohio Supreme Court. Cross-appeals still require looking this up each time he does one
DEI... it's not a punch line
* What could anyone have against the celebration of diversity?
Do critics embrace discrimination?
“DIVERSITY” is about increasing the role of underrepresented groups, including attention to ethnicity, race, gender, gender identity, sexual orientation, age, and economic status.
* Why would anyone discourage a system that operates equitably?
Does society need more inequality?
“EQUITY” involves fairness and impartiality, with equal opportunity for all outcomes for all individuals, including salary, benefits, and promotions.
* What do some living in the historic “melting pot” dislike about inclusion?
Does someone prefer segregation? Exclusion?
“INCLUSION” involves valuing contributions of all individuals, allowing all a seat at the table, with an opportunity to influence outcomes, and the fostering of a sense of belonging.
DEI” has been twisted into a label for allegedly unfair minority group favoritism, when the name was originally applied to describe efforts to support a just system of employment and opportunity. Some have sought to turn DEI into a label for anything they oppose, and to use it as a racially charged tag line. It is now used as a divisive wedge. Indeed, it is remarkable and disturbing that the recent Skydance.Paramount/CBS merger and sale was approved only after the promised discontinuation of diversity, equity, and inclusion initiatives.
Perhaps people who felt challenged in their privileges and conduct have sought to reassert themselves by blaming their experiences of negative outcomes upon external factors or
By Gary J. Leppla, Esq. Leppla Associates, Ltd. Chair, DEI LeadCounsel@LepLaw.com
other people. They seized upon the term DEI, and applied it to everything they hated about “affirmative action”, emphasis on support for minority groups, and additional perceived grievances, to reach a non-rational result.
What is it about DEI, in a society where words have meaning, that they could not tolerate? Demonizing DEI in a fashion, not even semantically or rationally appropriate, while sadly predictable, in fact accomplishes no legitimate goals and produces confrontation and division, including a raging pushback. For some businesses it results in fear followed by a desire to bail out on policies designed for equality, and to run away from initiatives historically supported.
For many it is simply time for a reset on
this conversation. The mission of the Dayton Bar Association has never changed, as noted on its website: The Dayton Bar Association supports the full and equal access to and participation by individuals in the Association, the legal profession and in the justice system regardless of race, gender, ethnicity, national origin, religion, age, sexual orientation, gender identity, or disability......The Dayton Bar Association is committed to the implementation of the terms and spirit of this Statement on Diversity and Inclusion.
As lawyers it should be incomprehensible to us to even image a world where businesses, trade associations, or even law firms fear reprisals for their efforts to ensure nondiscrimination. Not in this constitutional republic.
Now, under the leadership of President Ja-
mie Greer, the Dayton Bar Association has moved to embrace the moment and directly address issues of diversity and the rule of law. One kickoff to that DBA effort is a “can’t miss” presentation on October 3, 2025, in the Sinclair Conference Center: a conversation on diversity involving race, gender, and age. It is a forum to confront these issues by addressing matters involving diversity, equity and inclusion in the profession; by emphasizing racial, gender, and age/experience realities for lawyers. It is a forum to face the facts as they are occurring around us, and to plan, and indeed celebrate, the future duties and opportunities that lie before us. Three panels will address the issues, a remarkable keynote speaker will lead the way, and panels both female and male, young and old, black, brown and white, with experienced lawyers and young women and men entering the profession, all involved. Stay tuned for the evolving details.
This Association is now charging ahead in its embrace of diversity, equity, and inclusion in society, and, indeed, particularly for all members of this profession. A testament to that reinvigorated effort is the forthcoming celebration and symposium, a conversation on diversity: race, gender and age. The focus is upon the legal profession, the relationships among lawyers, and opportunities within the greater Dayton legal community. It is a delayed follow up to the DBA Conversation on Race in the nineties, the Dayton Roundtable, social justice initiatives, and other excellent efforts.
Please join us at the Sinclair College Conference Center on October 3 and spend time in a conversation generated by three separate panels: one focusing upon racial equity in our profession, one focusing on gender issues in our profession, and the third focused upon the relationship between senior attorneys and new attorneys. In particular, the third topic is a point of emphasis by President Greer during the fourth coming year.
When the pendulum swings out too far, it often swings back with a furious intensity.
Joanna W. Gisel
Sebaly Shillito + Dyer
When Joanna Gisel first walked into the University of Dayton School of Law in 2018, she brought with her the kind of quiet confidence and authentic curiosity that made her stand out—even in a sea of high achievers. A classmate remembers her being “a glimmer of hope,” offering a sincere smile and handshake in a highly competitive environment. No side-eyes. No pretenses. Just a steady presence and clear sense of purpose. Four years into practice, that same warmth and drive continue to define Joanna’s career and relationships. Today, she’s an associate attorney at Sebaly Shillito + Dyer (SSD), where she brings precision, intellect, and insight into her corporate law practice—and leaves an indelible impression on everyone who works with her.
Long before her legal career began, Joanna was on a much different path. Born in Italy while her father served in the U.S. Air Force, she’s called Centerville, Ohio, home since the age of four. After graduating from Centerville High School in 2014, she set out on what would become a winding path to the law. She began her undergraduate studies in biochemistry at the University of Notre Dame, but eventually transferred to the University of Dayton, where she found her stride studying international studies, graduating summa cum laude.
Her shift away from the sciences wasn’t impulsive—it was rooted in deep reflection. Joanna explains that while she does not need instant gratification, the pace of discovery in the lab left her wanting more. She craved something more dynamic, more people-oriented, and with a clearer purpose. When a friend encouraged her to take a practice LSAT on a whim—and she scored well—Joanna began to seriously consider law school. A scholarship offer from the University of Dayton School of Law sealed the deal.
Joanna’s law school years were nothing short of extraordinary. Graduating first in her class, summa cum laude, Joanna also earned an astonishing 18 CALI awards—a feat that may well set the record at UDSL. She served as Comment Editor for the University of Dayton Law Review, and her comment, Lessons Learned: A Successful and Balanced Framework for Post-Conflict Transitional Justice in Myanmar, was selected for publication and honored with the Alyssa and Michael Cohen Award for Best Overall Comment. She also took home Best Brief in the 2019 Walter H. Rice Moot Court Competition Though her academic path was anything but linear, Joanna eventually arrived at the same conclusion she reached at age ten—she wanted to be an attorney.
Her introduction to SSD came somewhat by chance. When a summer associate position suddenly opened up, the University of Dayton Law career services office connected her with the opportunity. Joanna stepped in—and never left.
She began her legal career in litigation but soon heard the echoes of her biochemistry past—the incremental pace, the retroactive problem-solving—did not align with her strengths. The firm supported her transition to its corporate department, where she found the right balance of structure, client interaction, and forwardthinking strategy. Today, Joanna advises clients on compliance, governance, and contract negotiations with an eye toward preventing future litigation—a practice that uniquely blends her analytical training with her legal acumen.
Joanna’s impact resonates far beyond her work at the firm. She is a dedicated member of the Dayton Bar Association, serving as co-chair of the Women in Law section and playing a key role in the Social Justice Initiative, particularly the Adopt-a-School program. She is also a proud graduate of the DBA’s 2022–2023 Leadership Development Program, where she deepened her commitment to leadership in the profession.
Within SSD, Joanna has become a trusted resource for newer associates, offering mentorship and insight into the unwritten rules of firm life. Whether formally or informally, she is committed to lifting others as she herself climbs—demystifying the practice of law and building community along the way.
Outside the office, Joanna enjoys traveling with her husband, Ben, whom she married on New Year’s Eve in 2021. The couple shares their home with a cat named Meg—short for “Megahertz.” Together, they have explored Peru, Yellowstone, the Grand Canyon, and Zion National Park—her personal favorite. To celebrate their 30th birthdays next year, they are planning two major trips: a visit to the Galápagos Islands and a winter tour of Germany’s famed Christmas markets, a nod to Joanna’s German heritage.
Looking to the future, Joanna envisions her role evolving as both a trusted advisor to clients and a mentor within the profession. She is especially passionate about cultivating a legal community that is transparent, inclusive, and generous with its knowledge. Her advice to young lawyers?
Joanna Gisel pairs sharp insight and quiet confidence with a heartfelt commitment to uplifting others. This blend of excellence, grace, and humility truly defines a rising star—and the Dayton community is all the better for it.
“Don't be afraid to explore different practice areas or change your practice area if you feel that your current path is not a good fit. And seek out many types of mentors – both that have much more experience than you and those that only have a little more experience than you. The latter can offer great insights into the stage of your career that you are currently in – the good, the bad, and the ugly!”
By Jennifer Mahan, Esq. Intili Group, a Legal Professional Association jennifer@igattorneys.com
Yellowstone Mountain, Wyoming
2025-2026 DBA CLE CALENDAR
SEPTEMBER
Introduction to vLex Fastcase
Tue 9/9 2:00 PM - 3:00 PM
1.0 Gen Hr | Zoom
EPTP: Navigating Guardianship Pitfalls
Wed 9/17 4:00 PM - 5:00 PM
1.0 Gen Hr | DBA Mastering the Fundamentals of Cross-Examination
Thu 9/18 12:00 PM - 1:00 PM
1.0 NLT or Gen Hr | Zoom Unlocking New Search Strategies and Best Practices with vLex Fastcase
Wed 9/24 3:00 PM - 3:30 PM
0.5 Gen Hr | Zoom
The Throne of Games: Game Theory and The Law: An Introduction for Attorneys
Thu 9/25 3:30 PM - 5:00 PM
1.5 Gen Hrs | Zoom
From Simple Wills to Complex Trusts: Vincent AI for Estate Planning
Tue 9/30 3:00 PM - 4:00 PM
1.0 Gen Hr | Zoom
OCTOBER
Conversation on Diversity
Fri 10/3 9:00 AM - 12:00 PM
3.0 Hrs | Sinclair CC Appointed Appellate Counsel Seminar
Fri 10/10 9:00 AM - 11:30 AM
3.0 Hrs | DBA Exploring Attorney Registration Options
Thu 10/16 12:00 PM - 1:00 PM
1.0 PC Hr | Zoom 2025 Elder Law Institute
Thu 10/23 9:00 AM - 4:00 PM
5.5 Gen Hrs | DBA
REGISTER>>
NOVEMBER
2025 DBA Bench Bar Conference
Fri 11/7 8:30 AM
6.0 Hrs | Sinclair CC The Ethical Lawyer
Fri 11/21 9:00 AM - 12:00 PM
3.0 PC Hrs | DBA
DECEMBER
2025 Criminal Law Update with Judge Dankof
Tue 12/9 9:00 AM - 12:30 PM
3.0 Hrs | DBA
2025 Criminal Law Certification
Fri 12/12 8:00 AM - 4:00 PM
6.0 Hrs | DBA
Core Components for New Lawyers
Thu12/18 9:00 AM - 12:00 PM
3.0 Hrs | DBA
Annual IP Seminar
Fri 12/19 9:00 AM - 12:30 PM
3.0 Hrs | DBA
FEBRUARY
New Lawyer Bootcamp
Thu 2/26 8:30 AM - 4:30 PM
3.0 Hrs | DBA
Family Feud Night
at the IOC
By Lauren K. Epperley, Esq. Subashi Wildermuth & Justice lepperley@swohiolaw.com
For the May Inn of Court, members participated in Family Feud rounds based on a survey of 20 Ohio Supreme Court cases from 2024 involving ethics. With the caveat that the below slides are based on a limited number of cases, the results are still worth sharing with members of the Dayton Bar Association.
The number in () is the number of times a rule was violated (for the remaining slides, the number in () is the number of cases). Several cases above involved violations of several rule subsections. The most common subsection of Rule 8.4 violated was 8.4(h) – conduct adversely reflecting on a lawyer’s fitness to practice law
Members of the Inn were surprised that none of the cases surveyed involved a public reprimand. Only one case involved permanent disbarment – that case involved a female attorney who had participated in rapes with a father of his daughter.
At the end, there were speed rounds involving the following questions:
• How many attorneys were pro se of the 20? Only 4 attorneys out of the 20
• How many attorneys sanctioned were female? Only 2 (but the only permanent disbarment involved the female attorney who had participated in rapes with a father of his daughter).
• How often did the Ohio Supreme Court adopt the recommendations of the Board of Professional Conduct: 14 (in the other 6, the Ohio Supreme Court increased the sanction)
A Grassroots Pathway to a Healthy Democracy
In the 1950’s, long before round-the-clock news channels and the everpresent digital phone filled our waking hours, Americans spent their leisure time in group activities: playing bridge, serving on PTA’s, attending church socials, competing in bowling leagues, or joining local lodges like the Elks or Moose, the latter of which was satirized with great humor in the iconic sitcom, The Honeymooners. When Ralph Kramden, played by Jackie Gleason, donned his raccoon cap as a member of the Raccoon Club, we laughed and watched with great anticipation to see if Ralph would be voted in as the “Grand High Exalted Mystic Ruler” aka the Big Poobah. Kids, too, joined their friends in Boy and Girl Scout troops, the school band, high school language clubs and the like. And, while many families didn’t belong to the local country club, they were avid watchers of the Mickey Mouse Club. Our participation and volunteerism expanded as we aged and focused more on societal issues through civil rights groups, charitable organizations and, yes, professional associations like the Dayton Bar Association.
Bowling Alone and his sociological analysis of the impact that decreased group activity has had upon our society.
This article is one of a series from the DBA’s Social Justice Initiative to inform our membership about, and encourage their participation in, many of the non-profits in our
If you would like to suggest a non-profit for us to highlight, please contact Samantha Mims
Communal activities such as these continued to grow in popularity, reaching a peak in the 1960’s and 70’s; but, then, such groups slowly began to decline. This decrease in social structures for connectivity is the subject of Robert D. Putnam’s book of the same name,
In a nutshell, there was a time when belonging to a group brought diverse people together. Their shared common interest or cause was the glue that bonded them and upon which friendships were formed. Those friendships built trust among members and created a sense of community. In the process of resolving problems or planning events, members learned to utilize the principles of democracy: identifying a problem or goal, brainstorming, arriving at solutions through civil discussion and debate, following an agenda and Robert’s Rules of Order, voting, and executing on a compromised outcome. The successful application of these processes further instilled faith in our institutions and the ability to govern ourselves. A sense of community was born out of these group activities that carried over into the community writ large and people not only felt productive, but happier.
In contrast, with the sharp decline in the number of people attending public meetings, joining clubs, leading local organizations and volunteering, our society has seen a commensurate unraveling of community relationships, civility and trust. Could this decline in joining groups be a factor in the political division that has ravaged our country? Putnam’s observations have been recently explained in a documentary entitled Join or Die, the title of which borrows upon Ben Franklin’s plea to the colonies in an early effort to unify them as they faced a threat to their very existence posed by French and Indian forces.
SJI "Join & Thrive"
Putnam’s analysis does not stand alone. A study conducted by Oxford University measured a variety of programs offered by employers to promote a sense of well-being among employees in the workplace. The offerings included classes on mindfulness, stress management, financial management, mental health, healthy sleep habits, massage, and time off to volunteer in the community. The results, published in 2024 in the Industrial Relations Journal, determined that none of the aforementioned options had much impact on the employees, with one exception: those who were given the opportunity to volunteer their time for a charitable cause. Those employees who volunteered, felt an increased sense of well-being. In short, working with groups that help others, enhances your own sense of self-worth and well-being.
If, indeed, you fear for the demise of our democracy and its institutions, then let’s put Putnam’s theories to the test as we ‘Join and Thrive’ together in our legal and broader communities by re-engaging, by joining, and by volunteering.
Several years ago, the Dayton Bar Association’s Social Justice Initiative (SJI) was born, following an early effort we called our “Bar Hunger: Peanut Butter and Justice Drive.” This
food drive brought together large and small law firms, solo practitioners, faith-based institutions, businesses, law enforcement, prosecutors, public defenders and non-profits – all of which collaborated to collect over 3 and ½ TONS of peanut butter for the Foodbank of Dayton, Inc.
In the years following that effort, your SJI attorney members have, among other things:
• spoken at local schools, coached a mock trial team, met with, and were job shadowed by high school students, and, most recently, volunteered at a summer camp teaching middle schoolers about The Bill of Rights;
• highlighted over 12 area non-profits in the DBA’s Bar Briefs and identified a corresponding Bar member liaison for each non-profit;
• held community conversations on topics such as:
o finding common ground in political conversations;
o the meaning of ‘dark’ pleas;
o the role of lawyers in the face of rising extremism; and,
o Putnam’s theory of civic engagement as a means of preserving our democratic ideals.
The scope of the SJI mission has barely been scratched and there’s so much more we can do. You are invited to join us in continuing these efforts and planning future programs. In doing so, we can all play a part in enhancing civic engagement and creating a healthy democracy. If interested in joining the SJI Committee, please contact Samantha Mims at the Dayton Bar Association.
Finally, if we have managed to do any good over the past several years, we could not have done so without the help, guidance and wisdom of the Bar’s very own Chris Albrektson, of blessed memory. We dedicate our future efforts as a means of honoring her memory.
By Bonnie Beaman Rice (Ret.Mag.) Chair, SJI bonnie.jjysp@gmail.com>
By Co-Chairs: Joanna L. Garcia, Esq. Thompson Hine LLP
Joanna.Garcia@ ThompsonHine.com
Katherine Holman, Esq. WilmerHale kholman1195@gmail.com
From Balance to Brilliance: Empowering Women in Law to Know Their Worth and Lead Change
Since its inception, the Dayton Bar Association Women in Law Committee (DBA WIL Committee) has taken attorneys on a transformative journey—one that began with the challenge of balancing legal ambitions and home life, and evolved into a celebration of mentorship, professionalism, and personal growth. Each event has built upon the last, equipping women legal professionals with the tools to navigate the complexities of their careers while fostering supportive networks and developing their unique professional brands. Building on the foundation of effective communication, intergenerational mentorship, and professionalism, the journey continues with a powerful new theme: knowing your worth, prioritizing yourself, and finding the empowerment to act. This next chapter is about embracing your value, overcoming selfdoubt, and taking bold steps toward meaningful change-both in your career and your community.
A Book Club with a Purpose
The first page of this next chapter begins with the heart of this year’s events: a book club, featuring Boat Burning for Beginners.This bold and inspiring collection of real stories from women who stopped waiting for “someday” and built careers and lives on their own terms is not a step-by-step manual, but rather a permission slip and a wake-up call. It’s a reminder that the fire inside you was never meant to stay small. Through the pages of Boat Burning for Beginners, you will discover pivotal moments that forced brave decisions, the private doubts behind public successes, and the practical realities of starting from scratch without guarantees. The women featured in these stories faced their fears and made the courageous decision to bet on themselves, navigating illness, immigration, single motherhood, burnout, and the uncertainty that comes with choosing a different path. Whether you are dreaming about starting something new, feeling stuck in a life that no longer fits, or already building your own venture, this book will reignite your belief in
what is possible. Our Fall event is designed to spark meaningful conversations and connections among women attorneys at every stage of their journey.
An Evening of Connection and Inspiration
On Wednesday, October 22nd, the DBA WIL Committee will host a book club discussion at the UDSL Faculty Lounge offering an inviting space for attorneys and law students to gather after work for a happy hour and networking. We encourage you to attend our full opening program, including networking, to better connect with all the women in attendance before beginning an open dialogue of the book. We plan to share personal, pivotal moments and lessons learned, drawing connections to the themes in Boat Burning for Beginners. Whether or not you have read it, we guarantee you will walk away benefitting from this time of honest dialogue about risk, reinvention, and the courage to act.
This event is more than a book club; it’s a launchpad for new ideas, new relationships, and new directions. It’s an opportunity to connect with women who understand the unique challenges and opportunities of the legal profession, and to find inspiration in their stories and your own. Members of the UDSL Women in Law & Leadership Group will also be in attendance as there is no better way to remain focused, dedicated, and excited about starting a legal career than by making connections with the women who are doing it.
A Symposium for Every Stage
As the season progresses, the DBA WIL Committee will host its signature Spring Symposium at the Dayton Women’s Club—a morning and luncheon event designed to foster deep engagement, learning, and empowerment. The heart of the symposium plans to feature nationally recognized speakers, including a co-author of our Fall Book Club selection, Boat Burning for Beginners, and local leaders.
This year’s Spring Symposium is yet another dynamic gathering for attorneys seeking clarity, confidence, and actionable strategies for growth. Speakers will guide participants through the process of succession planning, negotiating for higher salaries, and positioning themselves for new opportunities—whether within their current firm or in a new direction.
Join Us on the Journey
Throughout both the Fall and Spring events, the DBA WIL Committee remains dedicated to advancing attorneys at all stages of their careers. Our mission is to provide meaningful networks of female attorneys, fostering organic friendships, mentorships, and camaraderie. We believe by sharing our stories, supporting one another, and embracing our worth, we can create a legal community where every woman feels empowered to make bold choices and lead meaningful change.
This season, we invite you to join us—whether you are just starting out, seeking a new direction, or ready to take your career to the next level. Together, we will rise, redefine our paths, and leap forward into a future where every woman in law knows her worth and has the support to act on it.
Vorys’ mediation team includes a number of former judges whose sole goal is to guide parties to a fair and equitable resolution, defraying the costs of a potential trial.
Elizabeth “Libby” Callan, former Common Pleas Judge and Of Counsel at Vorys
2025 WIL Spring Symposium: Cultivating Confidence, Leadership, and Impact
Ohio Redistricting Saga Since 2020 FROM THE JUDGES DESK
By The Honorable Susan D. Solle
Montgomery County Common Pleas Court - Gen Div susan.solle@montcourt.oh.gov
Afew years ago, there was a flurry of news articles about redistricting in Ohio, but it has been relatively quiet since then. This article addresses what happened then, and where we are now.
State Legislature
In November 2015, Ohio voters overwhelmingly passed a ballot issue to amend Art. XI of the Ohio Constitution to correct gerrymandered districts for the Ohio house and senate.1 The amendment provided for the formation of the Ohio Redistricting Commission (ORC), consisting of the governor, auditor of state, secretary of state, and two members of the General Assembly from each party.2 The ORC was tasked with redistricting the house and senate boundaries, and were to adopt a final plan by September 1, 2021.3 Sect. 1(B)(3) provides that if at least four members, two from each party, vote in favor of a plan, it will be adopted and remain in effect for ten years. If it is adopted by a simple majority, it only remains in effect for four years.4
On September 16, 2021, the ORC adopted a plan with a 5-2 vote along party lines. Three lawsuits were filed in the Ohio Supreme Court challenging the plan.5 On January 12, 2022, the Supreme Court issued a decision finding the plan violated Art. XI.6 The Court specifically relied on Sect. 6, which states:
The Ohio redistricting commission shall attempt to draw a general assembly district plan that meets all of the following standards:
(A) No general assembly district plan shall be drawn primarily to favor or disfavor a political party.
(B) The statewide proportion of districts whose voters, based on statewide state and federal partisan general election results during the last ten years, favor each political party shall correspond closely to the statewide preferences of the voters of Ohio.
* * *
In a 4-3 opinion, the Supreme Court found the ORC did not attempt to meet the proportionality standards set forth in Art. XI, Sect. 6(B) of the Ohio Constitution.7 The Court found no dispute that, in the past ten years, approximately 54% of Ohio voters preferred republi-
can candidates, and 46% preferred democratic candidates.8 The adopted map resulted in an approximate 62/37 split. The plan also did not meet the standard in Sect. 6(A) – “that no plan shall be drawn primarily to favor a political party.”9 Respondents argued that Sect. 6 was “aspirational” and not an actual requirement.10 The Court declared the plan invalid and ordered the ORC to adopt a new plan that complied with the Constitution.11
The ORC adopted “new” remedial maps, again along party lines, four more times. The Supreme Court systematically struck down each plan as unconstitutional in February, March, April, and May.12 In the meantime, a federal court case was filed and the Southern District held if Ohio did not pass a plan by May 28, it would move the primary to August 2 and order the state to use a prior map.13 The federal decision relieved all the pressure from the ORC and no real changes were made again before the primary.14 The maps that had already been declared unconstitutional were used in the 2022 elections.15
Following the 2022 elections, the ORC adopted a new redistricting plan on September 26, 2023. This plan was adopted unanimously by the ORC with a 6-o vote (one member not present), with both democratic members voting in favor.16 The September 2023 plan was challenged again, but the Supreme Court found that because it had bipartisan support, it will remain in effect for election cycles 2024 through 2030.17
Congressional Redistricting
Ohio voters also overwhelmingly voted in favor of constitutional amendments to correct gerrymandered congressional districts in 2018.18
The process outlined in the Art. XIX amendment allows the General Assembly to take the first crack at drawing the maps by September 30 of years ending in one.19 If the plan is passed by three-fifths including one half of the members of each party, it will stay in effect for ten years; if not, the ORC must adopt a plan by October 31. The plan must be approved by four of the seven members and include at least two members of each political party. If successful, the plan would remain in place for ten years.20
continued on page 25
If not, it goes back to the General Assembly to pass a plan by November 30.21 If the General Assembly passes a plan by three-fifths of the house and senate, including one-third of the members of each major political party, the plan will be in effect for ten years.22 If the plan only passes by a simple majority, it can only remain in effect for four years.23
If the General Assembly passes a plan by simple majority, the following requirements also apply:
(a) The general assembly shall not pass a plan that unduly favors or disfavors a political party or its incumbents[;]
(b) The general assembly shall not unduly split governmental units, giving preference to keeping whole, in the order named, counties, then townships and municipal corporations[; and]
* * *24
ENDNOTES:
1. See https://www.ohiosos.gov/globalassets/ ballotboard/2015/1-language.pdf for complete ballot language.
2. Ohio Constitution, Art. XI, Sect. 1(A).
3. Ohio Constitution, Art. XI, Sect. 1(C).
4. Ohio Constitution, Art. XI, Sect. 8(C)(1)(a).
5. Bennett v. Ohio Redistricting Comm., 164 Ohio St.3d 1445, 2021-Ohio-3391; Ohio Org. Collaborative v. Ohio Redistricting Comm., 164 Ohio St.3d 1445, 2021-Ohio3415; League of Women Voters of Ohio v. Ohio Redistricting Comm., 164 Ohio St.3d 1444, 2021-Ohio-3377.
6. League of Women Voters of Ohio v. Ohio Redistricting Comm’n, 167 Ohio St.3d 255, 2022-Ohio-65.
7. Id. at ¶ 46.
8. Id. at ¶ 108.
9. Id. at ¶¶ 2, 138-139.
10. Id. at ¶ 89.
11. Id. ¶¶ 138-139.
12. League of Women Voters of Ohio v. Ohio Redistricting Comm’n, 168 Ohio St.3d 28, 2022-Ohio-342; 168 Ohio St.3d 309, 2022-Ohio-789; 168 Ohio St.3d 374, 2022-Ohio1235.
13. League of Women Voters of Ohio v. Ohio Redistricting Comm’n, 168 Ohio St.3d 522, 2022-Ohio-1727, ¶ 2, citing Gonidakis v. LaRose, S.D.Ohio No. 2:22-cv-0773, 2022 U.S. Dist. LEXIS 72172, 2022 WL 1175617, *14-17 (Apr. 20, 2022).
14. Another map was submitted with no changes and struck down for fifth time. Id.
15. League of Women Voters of Ohio v. Ohio Redistricting Comm’n, 172 Ohio St.3d 597, 2023-Ohio-4271, ¶ 7. 16. Id. at ¶ 8.
17. Id. at ¶ 14.
18. https://www.ohiosos.gov/globalassets/ ballotboard/2018/2018_primary_issuesreport.pdf for complete ballot language.
19. Adams v. DeWine, 167 Ohio St.3d 499, 501, 2022Ohio-89, ¶ 8.
20. Id. at ¶ 9, citing Ohio Constitution, Art. XIX, Sect. 1(B).
21. Id. at ¶ 9, citing Ohio Constitution, Art. XIX, Sect. 1(C)(1).
22. Id. at ¶ 9, citing Ohio Constitution, Art. XIX, Sect. 1(C)(2).
23. Id. at ¶ 10, citing Ohio Constitution, Art. XIX, Sect. 1(C)(3).
24. Id. at ¶ 11.
25. Id. at ¶¶ 13-14.
26. Id. at ¶¶ 101-102.
27. Id. at ¶ 3.
28. Neiman v. LaRose, 169 Ohio St.3d 565, 2022-Ohio2471.
The General Assembly did not adopt a plan by September 30, 2021, and the ORC did not adopt a plan by October 31, 2021.25 Instead, on November 18, 2021, the General Assembly adopted a plan by a simple majority that was signed into law by the governor on November 20. The plan set forth a 10-5 split of the congressional districts in favor of republicans.
Lawsuits were filed claiming the partisan plan violated Art. XIX, Sect. 1(C)(3)(a) and (b). The Supreme Court found the plan did violate the Constitution, invalidated the plan, and ordered the General Assembly to adopt a new map.26 The ORC then adopted a map along party lines on March 2, 2022.27 New litigation was filed, and the Supreme Court again held the maps violated the same sections of the Constitution.28
Following this decision, no changes were made to the maps, and they remained in place for the 2022 election despite being declared unconstitutional. Because the maps were not adopted with bipartisan support, they can only remain in place for four years. That means the issue must be revisited again in advance of the 2026 election cycle.
There should be no expectation the process will go any differently than in 2022 since the politics of the players remains the same. However, with a 6-1 majority in the Supreme Court, whatever plan the General Assembly or ORC adopts will likely be upheld as Constitutional.
HERBERT M. EIKENBARY Trust
The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers underthe 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
WHAT Is THE EIKENBARY TRusT?
Dayton Bar Foundation (DBF)
Help Fund Impactful Legal Initiatives Through the DBF
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)
•WiLLs for Heroes
Dayton Bar Foundation, 109 N. Main St., Ste. 600, Dayton OH 45402-1129 Contributions may also be submitted online: daybar.org/dbfdonate Make a donation now and help us make a difference through our programs! I am pleased to support the Dayton Bar Foundation with a
Greater Dayton Volunteer Lawyers Project (GDVLP)
Bridging the Gap: A Call to Action for Dayton’s Legal Community
Every day, people in our community face life-changing civil legal issues—eviction, domestic violence, debt collection, loss of custody of a child, guardianship of senior family members—without a lawyer by their side. These are not criminals facing charges with a public defender; they are low-income individuals navigating housing court alone, filing for protection orders without guidance, or trying to seal old convictions to access stable employment.
According to the Legal Services Corporation’s 2022 Justice Gap report, 92% of civil legal problems experienced by low-income Americans received little or no legal help. And the need is growing: post-pandemic economic instability, rising housing costs, and surging consumer debt are pushing even more people into crisis. Yet traditional funding for legal aid remains precarious—subject to political shifts and budget constraints. Even the LSC, the largest national funder of civil legal aid, has warned of significant funding threats in the coming year. That’s where you come in.
At the Greater Dayton Volunteer Lawyers
Project (GDVLP), we make it easy for local attorneys to make a difference—on their terms. Whether you can commit to full representation, a simple uncontested divorce, or a 30-minute advice clinic, your time and talent can change the trajectory of someone’s life.
In 2024 alone, over 170 volunteer attorneys and legal professionals assisted in more than 600 civil matters through GDVLP. Our volunteers helped survivors of domestic violence secure safety and housing, guided seniors through estate planning, and made sure the most vulnerable members of our society were not left voiceless.
And the need continues to outpace our ability to serve. Our waitlists grow longer, especially in family law, bankruptcy, consumer matters, and housing. Many clients just need brief advice or help completing forms—a 30-60 minute commitment that can empower them to take the next step with confidence.
As attorneys, we hold a unique power—and responsibility—to promote justice. If you’ve ever wondered how to give back, this is it. Volunteer today. Change a life in an hour.
By Summer Hawks Esq. Executive Director, GDVLP
Contact the GDVLP at 937-461-3857, email our ED at summer@gdvlp.org, or visit www. gdvlp.org to view upcoming clinics, available cases, and flexible volunteer options. Together, we can shrink the justice gap—one client at a time.
LAW RELATED ORGANIZATIONS
Montgomery County Law Library
Still Here to Serve: The Montgomery County Law Library's New Home
In February 2025, the Montgomery County Law Library quietly turned a new page, relocating from its longtime home inside the Montgomery County Common Pleas Courthouse to the 7th floor of the Reibold Building. While the move wasn’t one made by choice, the library remains fully committed to its central mission: to support the legal research needs of the community.
Though the new space lacks some of the courthouse's character and convenient proximity to courtrooms, the library continues to offer the same invaluable resources and services. Patrons will find access to legal research databases, an extensive print collection, and experienced staff who go above and beyond to provide thoughtful, thorough research support.
Attorney Nathaniel M. Fouch of Sebaly Shillito + Dyer recently remarked, “This really is above and beyond—and is a tremendous help to me,” capturing what many in the legal
community already know: the Law Library is a dependable partner in the practice of law.
But the library’s reach goes beyond just attorneys. As a rare public law library in Ohio, it also plays a vital role in expanding access to justice. Members of the public—many of them navigating the legal system without an attorney—can visit the library to conduct legal research, locate court forms, and receive guidance from experienced staff. While we cannot give legal advice, we can help patrons find the resources they need to understand the law.
As Law Librarian Brenda Williams explains, “We’ve shifted from being a private institution for the few to a public service for the many. That shift matters. It reflects a deeper commitment to equity, access, and community. Today, the Law Library welcomes anyone facing a legal challenge. Our doors are open — and we’re here to help.”
Still, awareness remains a challenge. With less visibility and fewer resources than in years past, the library is sometimes overlooked by attorneys who may not realize how much it continues to offer. But it is precisely because of its openness and accessibility that the library remains a cornerstone of legal support in our community. We encourage members of the bar to stop by the new location, rediscover the resources available, and help spread the word. The Montgomery County Law Library is still here— still reliable and still dedicated to supporting the legal needs of our community.
Visit us on the 7th floor of the Reibold Building. For more information, including hours and services, please visit https://www.mcohio. org/522/Law-Library or call 937-225-4496.
Celebrating 10 Years of Community Service in 2025!
In 2014, a group of driven attorneys saw local nonprofits struggling to afford critical business legal services. They stepped up, launching Pro Bono Partnership of Ohio (PBPO) in 2015 as a lifeline for nonprofits, offering pro bono expertise on governance, employment, intellectual property, and more.
Since its founding, PBPO’s expert legal services have become a critical pillar to the operations of over 425 Dayton and Cincinnati nonprofits. This is possible thanks to the tremendous PBPO community of over 1,000 talented attorney volunteers, hundreds of dedicated nonprofit leaders, and generous supporters.
It costs PBPO approximately $2,000 to onboard each nonprofit client and handle its first five legal matters — service that delivers nearly $25,000 in value through efficient use of your support and involvement.
Now it’s time to raise a glass and celebrate a decade of impact! PBPO is bringing together companies, law firms, nonprofits, and supporters for a night of fun, connection, and celebration. Join PBPO’s Cheers to 10 Years event on September 26, 2025, at Little Miami Brewing Company Event Center. Tickets available at PBPOhio.org/events.
Your continued support and involvement are needed! PBPO is currently serving as the go-to legal resource for the nonprofit community as it works to understand changes in law that may affect nonprofit operations. Please help PBPO meet the increased need for its services. Donate or volunteer today. PBPOhio.org
PBPO’s Growing Impact, by the numbers
What YOU help make possible
2015: 55 nonprofit clients, 147 legal projects, $624,366 of legal services and education provided
2020: 211 nonprofit clients, 1,317 legal projects, $6,052,270 of legal services and education provided
2025: 411 nonprofit clients, 3,222 legal projects, $12,612,421 of legal services and education provided
University of Dayton School of Law (UDSL)
• Established one of the nation’s first ABA-approved Online Hybrid J.D. programs
• Created 100% online LL.M. and Government Contracting M.S.L. programs
• Ranked among the Top 3 law schools in Ohio according to U.S. News & World Report
See how you can support what’s next: udayton.edu/your/law.php
The law firm of Coolidge Wall Co., L.P.A. is pleased to announce that Elliott V. Haller and Ashley E. Warwar have been elected as new shareholders of the firm. Alexander Cloonan joined the firm as a new of counsel.
Elliott is a Corporate/Business attorney focusing on transactional, business, and health care law, advising medical groups, health systems, and providers on transactions, compliance, and contracts. Active in the American Health Law Association and Ohio Health Care Association, he serves on the Wegerzyn Gardens MetroPark Board and has been named to Best Lawyers®: Ones to Watch (2023–2025).
Ashley is an Estate Planning and Tax attorney specializing in trusts, probate, and tax matters. She advises individuals, families, and institutions on estate administration and charitable tax planning. A Super Lawyers “Rising Star” (top 2.5%), she serves as secretary on the Learning Tree Farm Board and recently completed service on the Dayton Art Institute’s Associate Board.
Alexander practices in Litigation, Corporate/Business, Real Estate, and Public Sector law, focusing on complex civil litigation, municipal and business representation, and real estate matters including zoning, short-term rentals, and construction issues. He also drafts contracts, leases, and corporate documents for individuals, businesses, and municipalities. A UD Law Review published author, he is active in bar associations, speaks at legal events, and served three years on the Beavercreek Board of Zoning Appeals.
Smith, Meier & Webb, LPA announces that Andrew P. Meier will be leaving the firm and the practice of law in Ohio, effective July 1, 2025, as he and his family pursue new opportunities out West. Andrew is grateful for the experience he gained over the past 18 years and thanks the Warren County Bar Association and surrounding legal community for their support. While he will miss the many relationships he’s built, he looks forward to this next chapter. The firm wishes him and his family all the best in their new journey.
If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received an award, or have other news to share, we’d like to hear from you!
• News of CLE presentations & political announcements not accepted
• Printed at no cost
• Must be submitted via email and are subject to editing
• Printed as space is available
Contact Shayla to submit your announcement or ad: seggleton@daybar.org | 937.222.7902
Witness Locates / Interviews
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