Franklin County Judiciary – Only One Contested County-wide Judicial Race in 2012

As you may have seen in today’s Dispatch, yesterday was the primary-election filing deadline to run for office in November 2012. And, the filing deadline confirmed that four Franklin County Court of Common Pleas (general division) judges are running uncontested: Judge David Cain, Judge Stephen McIntosh, Judge Guy Reece, and Judge Charles Schneider will run uncontested for terms that do not expire until January 2019.

The one contested race on the common pleas general division bench is for Judge John Bessey‘s seat. That race pits Democrat Kim Brown, a partner at Bricker & Eckler, who has a construction and litigation practice, against Republican Valoria C. Hoover, a partner-in-charge of the Columbus office of the Cleveland firm of Kohrman Jackson & Krantz LLP.

Other uncontested races in Franklin County include common pleas clerk, Maryellen O’Shaughnessy (D), Common Pleas domestic division judges Elizabeth Gill (D), Chris Geer (R), and Jim Mason (R). In addition, Ron O’Brien (R) is running unopposed for another term as county Prosecutor.

I’ll post separately with information about the Ohio Supreme Court races.

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New Law Alters Federal Court Jurisdiction and Venue

Last week, our divided Congress passed legislation — the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (JVCA) — that will alter federal court subject matter jurisdiction in a number of ways. The text of the JVCA can be found here. The Congressional report on the bill can be found here. An analysis of the bill can be found here. One commentator noted that the bill, which the President is expected to sign, “embodies the most far-reaching package of revisions to the Judicial Code since the Judicial Improvements Act of 1990.”

Among the changes:

  • The JVCA “resolves several issues relating to the determination of the amount in controversy when the defendant removes a civil action based on diversity.”
  • The act “adopts a carefully crafted ‘bad faith’ exception to the statutory provision prohibiting removal of a diversity case more than one year after filing.”
  • The JVCA “abrogates the Supreme Court decision in Hoffman v. Blaski, 363 U.S. 335 (1960), by authorizing transfer of venue to a district where the action could not have been brought initially, as long as all parties consent.”
  • The law will take effect 30 days after the President signs the bill.

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    Franklin County Municipal Court Holiday Schedule and Closing Information

    Following is the holiday schedule and Municipal Court closing information for November and December 2011 and early 2012:

    • Court will be closed Thursday and Friday, November 24 and 25; no 4-D either day.
    • 4-D open on Saturday, November 26 (Judge Hummer presiding).
    • 4-D open Saturday, December 24 (Judge Pollitt presiding). Court closed Monday, December 26; no 4-D.
    • 4-D open Saturday, December 31 (Judge Peeples presiding). Court closed Monday, January 2; no 4-D.

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    Judge This Book By Its Cover: Please Vote by October 31

    You’ve chosen the art for your walls – why not select the art for your desk?

    The 2012 Columbus Bar Directory cover will feature one of three new Columbus landmarks – Columbus Commons, Scioto Mile, or the new Franklin County Common Pleas Courthouse.

    Please cast your vote for the 2012 Columbus Bar Directory cover by October 31.

    Update: The 2012 Columbus Bar Directory cover will feature Scioto Mile, Columbus’s new riverfront park. Thanks to everyone who voted!

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    Mid-October Presidential Update

    It has been a month since my last post about what I’ve been up to as President of the CBA.  No better time than the present to update both of my readers about what I’ve been doing lately – including news on the minority clerkship program, lunch with 50-year practitioners, a couple of bar conferences and much more after the jump….

    Continue reading

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    Franklin County Common Pleas E-Filing Update

    As you know, the Franklin County Court of Common Pleas Clerk’s office has been phasing in e-Filing.  Here’s the latest infomation about the implementation:

    As of Wednesday, October 5, 2011, the Franklin County Court of Common Pleas Clerk’s office is requiring e-filing for all civil foreclosure cases.  A note on the Clerk’s website indicates that “As of 10/5—Civil Foreclosures (new and existing cases) must be filed through e-Filing process.”  In conjunction with the announcement, the Court has issued a “First Amended Administrative Order” regarding e-filing, which was filed on October 5.  The relevant amendment to the prior order appears to be the language “Commencing on or about October 5, 2011, the Franklin County Clerk of Courts and the Franklin County Common Pleas Court will begin mandatory e-Filing for all foreclosure case types as identified below.  Additional categories of case types will “go live” with mandatory e-Filing soon thereafter.” 

    In addition, as of October 21, 2011, the court will no longer accept “fax filings.”  If the Clerk’s office receives a fax filing, the new order contains rules for returning the fax to the sender, among other things.

    Other changes from the first order:

    • In a major amendment, notices of appeal MUST be filed on paper, according to Rule XI.D.
    • There is also a new rule regarding motions withdrawing properties from sheriff’s sales.
    • Finally, the record in administrative appeal cases will still be maintained and filed in paper format.

    More changes to come, I’m sure….

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    Young Professionals Spotlight: CBA New Lawyers Committee

    The Columbus Bar New Lawyers Committee was recently featured by the Columbus Chamber as one of the premiere organizations for young professionals.  You can read the spotlight here.   The New Lawyers Committee is excited to offer you a variety of opportunities to build your professional network, serve the central Ohio community, get leadership experience, and enhance your career path. Please join us at one of our upcoming events.

    Christy A. Prince, Co-Chair, CBA New Lawyers Committee

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    CLE in Ohio — Are Changes Coming?

    The Ohio Supreme Court recently asked for feedback on the CLE system in Ohio.  To that end, it has sent surveys to attorneys and judges.  The Court’s press release discussing the input it is requesting, which can be found here, notes that the CLE Commission wants input on four topics in particular:

    • How CLE is delivered and earned.
    • Should self study course credit be capped, is the current six-hour cap sufficient or should it be expanded?
    • Are rules that preclude an event from CLE credit if food is consumed still relevant?
    • Would attorneys engage in more pro bono activity if they received CLE credit for such work?

    Regarding the second issue raised by the Court on “self-study course credit,” the CBA has taken the position – consistent with the positions of all the other metro bar associations in the state (Akron, Cincinnati, Cleveland, Dayton and Toledo) and with the Ohio State Bar Association — that the “self-study” (i.e., online CLE) cap of 6 hours should be increased to 12 hours but not removed completely.  For a variety of reasons, the CBA has opposed removing the cap completely.  Chief among those reasons is a concern that attending classroom instruction provides attorneys with a valuable opportunity to interact with other attorneys and judges. 

    The third issue about serving food at a CLE — as you know, the rules currently provide that you cannot “eat and learn — has been the bane of many attorneys’ CLE existence.  I wouldn’t be surprised if the CLE rules are change to allow for the consumption of food during a CLE, but also look for some restriction on the consumption of alcohol during CLE presentations.

    Finally, the fourth issue regarding CLE-credit-for-pro-bono-service has been hotly contested.  In 2009, the Ohio State Bar Association’s Pro Bono Task Force issue this proposal, which proposed giving one CLE hour of credit for each six hours of “pro bono” work.  Separately, there have been proposals to make pro bono “mandatory” and require some minimum number of hours of pro bono service.  Thus far, neither idea has gained traction at the Ohio-Supreme-Court level. 

    Personally, though I support and would encourage attorneys to take up pro bono matters (such help is sorely needed), the mandatory-pro-bono idea and the pro-bono-in-lieu-of-CLE idea do not seem like good ideas.  I don’t think that forced CLE or incentives that reward pro bono participation should replace the attorney’s professional commitment to engage in pro bono service.

    My personal views aside, if you have a thought about these issues, let the CLE Commission know.  By the end of the year, expect some sort of revised CLE rules to be published by the Court — and keep an eye out for changes to the CLE rules.

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    Race Judicata, September 23 @ 6:00pm

    Race Judicata, the annual 5k charity run/walk, hosted by The Ohio State University Moritz College of Law’s Student Bar Association, is just around the corner! On Friday, September 23, 2011, participants from the law school will join with members of the Columbus legal community in support of the Columbus Bar Foundation, this year’s beneficiary.

    The Moritz community continues to be grateful to the CBF and its donors for their sponsorship of a fellowship to a select Public Interest Law Foundation (PILF) Fellow working in Columbus during the summer. PILF raises money throughout the year from events and donor solicitations to sponsor Moritz students working at volunteer or low-paying public interest summer jobs. CBF is a major contributor and we are all thankful for the support!

    This year we are excited to introduce some new elements to enhance the race experience and increase participation across the board, including a Virtual Runner option for those who are not able to attend the race but still wish to contribute. Every little bit helps our goal to get our Virtual Runner to cross the finish line!  Please click here to make your donation. Also new this year is the Prize Raffle. Everyone registered for the race will automatically be entered into a raffle for a variety of prizes, including a $100 gift card to Bonobos, and 12 personal training sessions at Body By Todd Private Fitness Studio in Worthington.

    The race will be at pet-friendly Fred Beekman Park, so feel free to bring your best furry friend along! To continue the festivities post-race please join us for the Race Judicata After Party at Bar 23.   

    The cost of registration is $20, which includes race participation, a race t-shirt, and cover for that night’s after party. Click here to register online or download a registration form (PDF).

    Thank you for your support and see you at the Race!

    Chenee Castruita, Race Judicata 2011 organizer

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    August and Everything and After….

    Re-living the 1990s, I borrowed the title of this post from the Counting Crows 1993 major-label debut album

    It’s been awhile since I’ve informed the readership of what I’ve been up to as President of the Columbus Bar.  A lot has happened since my last post on July 22 on what I’ve been doing.  Come down memory lane with me, as I recap August and the full week of September, including my trip to Toronto for the ABA/National Conference of Bar President’s meeting, our Board Retreat at the Great Wolf Lodge in Mason, a final Committee Chair orientation meeting, a special Board meeting, and a presentation to lawyers and their mentees about the CBA at a Lawyer-to-Lawyer mentoring event at the new Courthouse (a “sequel” to this event due to the success of the first event). 

    After the jump, I’ll once again name names and let you know what I’ve been doing as President….

    Continue reading

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