The Magazine of the Dayton Bar Association | MARCH 2020 | Vol. 69, No. 7
Dayton
Bar Briefs DBA Diversity Day
2020 Inclusive
EXCELLENCE Friday April 3rd
BARRISTER OF THE MONTH Wray Blattner Esq. pg 9
Diversity Issues
Developing Cultural Competency & Creating Inclusive Environments pg 18
DBA RISING STAR Jeannine E. Hudson Esq. pg 10
CONTENTS
Dayton
Bar Briefs
March 2020 | Vol. 69, No. 7
Dayton Bar Association Board of Trustees
Features 4 TRUSTEES MESSAGE Quarantine in Dayton
2019 – 2020
Hon. Mary L. Wiseman President
Fredric L. Young First Vice President
Merle F. Wilberding Second Vice President Secretary
Brandon C. McClain
Anne P. Keeton Member–at–Large Member–at–Large
Developing Cultural Competency & Creating Inclusive Environments
By Julie E. Zink Esq., University of Dayton School of Law
By The Honorable Mary Kate Huffman, Montgomery County Common Pleas Court
21 MARCH 2020 SECTION MEETINGS
John M. Ruffolo, ex officio
26 CLASSIFIEDS
Bar Counsel
Upcoming Events 9 2020 DIVERSITY DAY
Paid subscription: $30 / year
Fri. April 3rd | Seminar 8:30am Luncheon 12:00pm | Sinclair Community College, Bldg 12 Keynote Luncheon Speaker: Verna L. Williams, Dean & Nippert Professor of Law Univ of Cincinnati
13 MENTORING MEET UP Presented by DBA Leadership and From the Bench | Thurs. March 26th | 5:00-7:00pm | DBA Offices
15 2020 ANNUAL ESTATE PLANNING TRUST & PROBATE INSTITUTE Fri. March 13th | 8:30am-4:30pm | Sinclair Community College, Bldg 12
17 CHANCERY CLUB LUNCHEON
Library of Congress ISSN #0415–0945
Jennifer Otchy, Executive Director Shayla M. Eggleton, Communications Manager Phone: 937.222.7902 Fax: 937.222.1308
Dayton Bar Briefs March 2020
DIVERSITY ISSUES
Departments 14 MARCH/APRIL CONTINUING LEGAL EDUCATION
Immediate Past President
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8
Adam R. Webber
The contents expressed in the publication of DAYTON BAR BRIEFS do not necessarily reflect the official position of the Dayton Bar Association.
By David C. Greer Esq., Bieser Greer & Landis, LLP
20 FROM THE JUDGES DESK Potential Changes Coming to Ohio’s Evidence Rule on the Competency of Witnesses
Denise L. Platfoot Lacey
BAR BRIEFS is published by the Dayton Bar Association, 600 Performance Place, 109 N. Main St., Dayton, OH 45402–1129, as its official publication for all members. Comments about this publication and editorial material can be directed to the Bar Association office by the fifth day of the month preceding the month of publication. The DAYTON BAR BRIEFS is published September through July.
16 RISING STAR: JEANNINE E. HUDSON ESQ. By Ebony Davenport Esq., Pickrel Schaeffer & Ebeling, Co., LPA
Member–at–Large
Executive Director
BARRISTER OF THE MONTH: WRAY BLATTNER ESQ.
Rebecca M. Gentry
Jennifer Otchy, ex officio
6
12 DBA LEADERSHIP DEVELOPMENT PROGRAM Now Accepting Applications/Nominations for the 2020-2021 Class
Treasurer
David P. Pierce
By Adam R. Webber Esq., Elliott Faulkner & Webber
11 THE DBA BOARD UNANIMOUSLY RECOMMENDS AMENDMENTS TO THE DBA CODE OF REGULATIONS By The Honorable Mary L. Wiseman, DBA President
Caroline H. Gentry
Member–at–Large
Thurs. April 2nd | 12:00pm-1:00pm | The Old Courthouse
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THE POWER OF GRIT Presented by DBA Women in Law Forum & LexisNexis Women's Connected Group Fri. March 20th | 7:30am-10:00am | LexisNexis Miamisburg Building 4 Auditorium
21 DBA BOOK CLUB "HILLBILLY ELEGY: A MEMOIR OF A FAMILY AND CULTURE IN CRISIS" BY J.D. VANCE.
Moderated by DBA 2nd Vice Present Merle F. Wilberding | Wed. March 25th | 4:00pm-5:30pm | DBA Offices
937.222.7902
DBA Annual Partners Sponsors of the DBA. Providing annual financial support and partnership in our mission to further the administration of justice, enhance the public’s respect for the law, and promote excellence & collegiality in the legal profession.
Platinum Partner
Faruki PLL
www.ficlaw.com With offices in Cincinnati & Dayton
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.
Gold Partner
Thompson Hine LLP www.thompsonhine.com
Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. Thompson Hine has distinguished itself in all areas of Service Delivery 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 information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.
If you are interested in becoming a DBA Annual Partner, contact: Jennifer Otchy DBA Executive Director jotchy@daybar.org 937.222.7902 www.daybar.org
March 2020 Dayton Bar Briefs
3
Trustee's Message
Quarantine in Dayton A
t the time of submitting this article to print (late January 2020), the spread of the Wuhan coronavirus was continuing unabated. Hopefully, by publication, the crisis has ceased and Dayton remains unaffected. But Dayton is not without experience in epidemics. Between October and December 1918, the Spanish Flu gripped the Dayton area. When an outbreak of the flu occurred in nearby Camp Sherman (near Chillicothe), nurses from Dayton and Wright Field responded to help. Camp Sherman suffered an astonishing 1,777 deaths due to influenza that year; eyewitnesses reported that the bodies of young soldiers were grimly “stacked like cordwood” outside the morgue. The disease spread throughout Ohio. With the pandemic spreading, the Dayton Daily News ran the following advice and commanded that it “should be studied by every person in Dayton”: • Protect yourself from infection, keep well, and do not get hysterical over the epidemic. • Avoid being sprayed by the nose and throat secretions of others. • Beware of those who are coughing and wheezing. • Avoid crowded streetcars—walk to the office if possible. • Keep out of crowds—avoid theaters, moving picture shows, and other places of public assembly. • Do not travel by railroad unless absolutely necessary. • Do not drink from glasses or cups which have been used by others, unless you are sure they have been thoroughly cleansed. • You can do much to lessen the danger to yourself by keeping in good physical condition. • Avoid close, stuffy, and poorly ventilated rooms. • Stay at home and do not go to work if you are sick. • Eat simple, nourishing food and drink plenty of water; avoid constipation. • Secure at least seven hours sleep. Avoid physical fatigue. • Keep the feet dry. Despite these admonishments, Daytonians began falling ill in great numbers. While most influenza outbreaks disproportionately kill the very young and the very old, the Spanish Flu was unique in that it seemed to disproportionately kill healthy adults. Healthy person’s immune systems would “over-react” and victims would suffer complete respiratory failure or would develop pneumonia. In some cities, mass graves were dug by steam shovel and bodies buried without coffins. And it struck fast; in Philadelphia, for example, 4,597 people died in one week in mid-October 1918, but by midNovember, influenza had almost disappeared from the city. 4
Dayton Bar Briefs March 2020
By Adam R.Webber Elliott, Faulkner & Webber DBA Member-at-Large
Dayton was lucky in that it had a full-time Public Health Commissioner (which was rare for that era). Dr. A. O. Peters stressed that Daytonians should remain calm and work together to combat the flu. On October 8, 1918, he ordered Dayton’s schools, theaters, libraries, and churches closed. The next day, he closed all saloons, poolhalls, and soda fountains. The whole of Wright Field was quarantined (which was remarkable considering it was wartime). Local doctors quarantined homes of local families where sickness was confirmed. Perhaps owing to clean living, prayer, or good luck, the students of St. Mary’s college (the soon-to-be-renamed University of Dayton) largely avoided illness. The president of the college requested that parents and friends of the students refrain from visiting, and students were not permitted to leave campus. Miami Valley Hospital and St. Elizabeth’s Hospital, however, were inundated with patients. Many thousands of others lay ill at home. Whole families were unable to care for themselves. But Daytonians volunteered by the dozens to work as nurses and home-visit aides— even as many nurses fell ill themselves. Nurses also trained healthy household members on how to care for the ill. Nursing services were critical because—since there was no cure or treatment for the influenza—patients could only be kept comfortable. The local Red Cross nurse registrar proclaimed that volunteers need not be either a graduate or even a practical nurse in order to be of assistance, arguing that “a woman with her normal ‘horse sense’ ought to be able to do many things for the sick.” It was stressed that nurse volunteers could be male or female, married or single, and no distinction would be drawn as to race or color. To help check the spread of the influenza epidemic, Judge William A. Budroe—then Chief Judge of the Dayton Municipal Court—ordered that that the courts of the city would be closed. It was recognized that the court and jails were a dangerous breeding ground for influenza. He ordered the courtrooms “thoroughly disinfected.” Judge Budroe made arrangements to dispose of important cases individually, and many arrestees charged with minor offenses were released from the station house on bail or the payment of a fine. continued on page 5
937.222.7902
DAYTON Bar Association
2020-2021 DBA Board of Trustees Nominees
I
n 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, 2020 are: Second Vice President, Secretary and Treasurer
Second Vice President: Caroline H. Gentry Esq. Porter Wright Morris & Arthur, LLP 1 S. Main St., Ste. 1600 Dayton, Ohio 45402-2088 937.449.6748 cgentry@porterwright.com
Secretary: Denise L. Platfoot Lacey Esq. University of Dayton School of Law 300 College Park Dayton, Ohio 45469-2772 937.229.4634 Dlacey1@udayton.edu
Treasurer: The Honorable Gerald Parker Jr. Montgomery County Common Pleas Court 41 N. Perry St. Dayton, Ohio 45422-4999 937.225.4448 gerald.parker@montcourt.oh.gov
Elections will take place at the DBA Annual Meeting on Friday, May 29, 2020.
TRUSTEES MESSAGE: Quarantine in Dayton continued from page 4 When court re-opened, more than 100 cases were heard on the first day. Parenthetically, Judge Budroe would survive this epidemic, but he died three years later when he contracted diphtheria from a lawyer who appeared before him. By early-November, the Spanish Flu epidemic was abating in Dayton. Restrictions on adults began to be lifted, although schools remained closed and children banned from public places. But Daytonians continued to take common sense precautions: they dressed extra-warmly as building custodians and streetcar drivers kept windows open to circulate crisp Fall air; they held open-air, outdoor church services; and saloons, soda fountains, and ice cream parlors became “carry-out only” to avoid congregating. Daytonians couldn’t help but gather in crowds, however, on November 11th when news of the Armistice ending WWI resulted in spontaneous parades and celebration. The Dayton Daily News reported: “Shoulders and hats were peppered with confetti hurled into faces of the throngs by bagsful, as one means of giving vent to the feelings. Everyone took the bombardment good naturedly. In fact, the jolly spirit of the crowd was one of its most striking features. People shook hands and extended greetings in the most informal manner.” www.daybar.org
Health Commissioner Peters later declared that the Dayton public displayed a remarkably favorable attitude through the crisis and that the community’s spirit helped speed the epidemic’s passing. Daytonians celebrated Christmas 1918 with a report of no deaths that day. By New Year’s Day, all restrictions were lifted and children were cleared to return to school (surely to the delight of their parents). But the toll had been heavy: 40,000-50,000 had been stricken ill (out of a total Dayton population of about 150,000) and over 650 residents had died. The Spanish Flu would go on to kill more than 675,000 Americans and 20-50 million people world-wide. But because of Daytonians’ readiness to help their neighbors, governmental prudence, and informed action, Dayton weathered the Spanish Flu as well as any city might. We can all reflect on what we could do to help our families neighbors and community should an epidemic ever visit our city again. **Credit to the Dayton Daily News archives and Dave Greer’s invaluable tome, Sluff of History’s Boot Soles. Both were plagiarized heavily.
March 2020 Dayton Bar Briefs
5
Barrister of the Month
Wray Blattner Thompson Hine LLP
By David C. Greer DBA Editorial Board, Bieser Greer & Landis, LLP
I
t has been the practice of the Dayton Bar Association to grace each issue of this publication with a recognition of the talent of an outstanding Dayton lawyer. This month we offer a three-in-one bonus. Consider a man who since 1980 has been a master of the maze of bewildering regulations which constitute the environmental laws of the United States and the State of Ohio. Learned Hand, years ago, described his perception of the regulations issued under the Internal Revenue Code. “Every time I open that book and peruse its pages, I have the sensation that I have just lifted a rock and am watching the army of bugs in the form of print scurrying off in every direction.” Few are the lawyers who have the patience and command of detail to become leading practitioners in the arcane subject of environmental law. Wray Blattner is such a lawyer. Consider a man who is the partner in charge of a forty-one lawyer Dayton law firm which is also part of a four hundred lawyer law firm with offices in eight cities. The qualities required to fill such a role include infinite patience, a skull impervious to headaches, and the interpersonal and diplomatic skills which rival those of a firstclass ambassador. Keeping in balance the egos, contending and contrasting attitudes, and widely variant behavioral patterns of a large aggregation of lawyers is a large burden to place on any individual. Few are qualified. Wray Blattner is one of those few. Consider a man who in his prime was an outstanding performer in the sport of rugby, a game of blood and bruises played without the benefit of pads or other protective coverings. Imagine the Super Bowl played by teams dressed in shorts and tee shirts. The 6
Dayton Bar Briefs March 2020
ambulance would never stop ferrying players from field to emergency room. Speed, aggressiveness, strength and endurance are not merely desirable qualities, they are mandatory, and few possess them. Wray Blattner is one of those few. Our three-in-one barrister grew up in New Jersey and came to Ohio to spend his college years at Denison. Three major events occurred there. First, while playing college baseball he noticed that the rugby team played on an adjacent field, that all the sports fans were gathered around the rugby field instead of the baseball diamond, and that there were barrels of beer at the rugby games but not at the baseball games. Second, and more important, he decided that Ohio is a wonderful place to live, which eventually led to the third and most important event: he met Liz, the charming attorney from Washington, D.C. who became his wife and the mother of their two sons and partner at Thompson Hine. One of those sons, Jack, is studying at the University of Dayton and enjoying working at Russell Total Wealth and Wellness. The other, Henry, is in his third year at Washington University Law School with a clerkship lined up with a federal judge in Charleston, West Virginia to be followed by an associate position in the Chicago firm of Winston & Strawn. One of Wray’s chums at Georgetown Law was John Tate. Each decided to pursue employment with the Dayton-based firm of Smith & Schnacke. They interviewed (apparently successfully) with Mike Herr and Sharon Neuhardt who remain close friends and colleagues today. John later went in-house at Crown Equipment Corporation, where he currently serves as Senior Vice President of that outstanding Ohio manu-
facturer. The Georgetown lads have done well. In 1980 Smith & Schnacke was as vibrant a collection of talented lawyers as could be found anywhere. If this article tried to describe such leaders as Stan Freedman, Jim Mulligan, Jim Gilvary, Lloyd O’Hara and Ford Ekey, it would expand into a book. Wray initially found his calling in the relatively new subject of environmental law. His mentors were Bob Maynard and Russ Frye. Pete Donahue, another Smith & Schnacke stalwart, had the office next to Wray and became another mentor and the model for civility and professionalism. By 1987 Smith & Schnacke had grown to one hundred eighty-three lawyers. In 1989 it fragmented to give birth to a variety of new law firms that still grace the Dayton legal scene. Wray was part of the core group that remained with the firm which was then acquired by the Cleveland law firm of Thompson, Hine & Flory. As often happens after traumatic change, that core group bonded as a team marked by mutual admiration and respect as well as by a high dedication to its craft. Wray had picked the perfect specialty. Almost all of the laws, regulations and case reports that now fill to bursting the field of environmental law have been created since he entered the field in 1980. We all learn as we go, but few of us have the opportunity to learn from A to Z over a span of forty years. Wray has reached the top in the world of environmental law, and he is sought after as an attorney and as a speaker in his field. I refer you to his firm’s website to read his long list of accolades, achievements, articles and presentations. continued on page 7
937.222.7902
BARRISTER OF THE MONTH: Wray Blattner continued from page 6 Success, happily, has not turned his head. He points out that his specialty does not take him to glittering spas, beautiful or historical sites, or tropical islands. He is more at home in dumps, landfills, wetlands and in the bowels of heavy manufacturing facilities. An essential part of his wardrobe are steel-toed boots and safety glasses. Not all of his clients are genteel friends of mankind dedicated to clean air and fresh water. He even recalls one rather rough-around-the-edges waste disposal operator he had to fire as a client after the client began to threaten some bodily harm to government officials. On the lighter side, he remembers the environmental crew at a paper mill gathering downwind of the plant’s boiler the day the DEA burned confiscated marijuana. In his daily practice Wray is constantly involved in counseling clients on regulatory compliance, in defending clients in both governmental and citizen enforcement cases, and in crafting transactions which involve environmental issues. Surprisingly, he somehow finds enough time to serve his community by his personal involvement in the Access to Justice Program, the Dayton Diversity and Inclusion Legal Roundtable, the March of Dimes, Culture Works, and the Dayton Performing Arts Alliance. He is living proof of the adage that, while lawyers may die, they never die from boredom. He is especially proud of the commitment of his law firm and his fellow partners and associates to the Dayton community. While Wray’s closet may contain steeltoed boots, it no longer contains rugby shoes. After seeing at Denison all the fun the players were having on the field adjacent to the baseball diamond, he became a member of the Dayton Argyl Rugby Team in 1981. The passage of time and the toll it takes on the
www.daybar.org
human body caused him to retire from that sport in 1995. In the intervening fourteen years, however, he was a key member of the team in matches that took place primarily in an area bounded on the east by Pittsburgh, on the north by Chicago, on the west by Indianapolis, and on the south by Louisville. The team broke those boundaries once for a tournament in Arizona and on several other occasions for tournaments in North Carolina. The Argyls’ summer “sevens” team was the Midwest champion in 1987, and seventh in the country in 1986. Not bad for a guy who spends most of his time at a desk surrounded by legal files and computer screens. According to my son who still indulges in that sport and its strange balance between ballet and mayhem, Wray had the reputation as the fastest guy on the team and of being as fearless as he was fast. He wasn’t always fast enough, however, to avoid the bodily contact which is part of the sport. He once gave a major speech to an assemblage of professionals in Washington at a time when he had just received thirty-one stitches in his right cheek and an impressive black eye. He recently discovered his book of rugby songs, none of which I will quote for the polite readers of this professional journal. Here I am, running out of space without having addressed the third major achievement of Mr. Blattner’s career. He is now in his sixth year as the partner in charge of one of the two firms – both studded with veterans from Smith & Schnacke – which are currently the largest law firms in Dayton. If I have let a few accolades slip into this little article, they are nothing compared to the accolade represented by that position. The greatest achievement of anyone is the earned admiration and respect of those who know him best. The lawyers who emerged from
the ashes of Smith & Schnacke in 1989 have given their blessing to their bonded brother. What Barrister could ask for more?
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March 2020 Dayton Bar Briefs
7
Diversity Issues
Developing Cultural Competency & Creating Inclusive Environments M
any of us grow up and move through life in a bubble, surrounded by people who look like us, worship the way we do, and speak in the same language. When we live our lives in these bubbles, we are not likely to understand others’ experiences. This is even easier to do when we are privileged by our race, sex, religion, sexual-orientation, socioeconomic status, and/or abled-bodies. If you are lucky, someone or something will come along and pop that bubble. You will start noticing things – whether it be hearing inappropriate language used to refer to persons of color; seeing the negative change in demeanor when someone from an out-group approaches; trying to help a wheelchair-bound person into a building; seeing implicit bias play a role in hiring decisions; witnessing an equally-qualified woman receive a lower raise than a male counterpart; hearing of hate crimes that happen to homosexual or transitioning individuals; and/or observing micro-aggressions in your day to day life. From these experiences, you started to become aware of intolerance and inequities. That initial journey to awareness is STEP ONE. Your eyes are now open. And you are paying attention. Perhaps, as you witnessed these events, you realized how hard it would be to be the one excluded or shunned. You may have imagined a loved one experiencing such treatment. At this point, you have come to a crossroads – you must decide whether to look away and continue on your merry, privileged way, only recognizing inequalities when they impact you or your loved ones, or you can allow that recognition to spur you on to change, beginning with yourself. That brings us to STEP TWO – development of cultural competency. We only know what we know, and even then, our experiences are often unique to ourselves. However, we can begin to learn more about others’ stories by educating and assessing ourselves. Start with reading books and articles , watching movies, documentaries, or docuseries , and taking Harvard’s Implicit Association Test . Go to trainings and workshops, take classes, and do research. Go to community events, spend time getting to know people with different experiences and perspectives, and engage with allies. This self-education (and self-assessment) should never stop. Learning about instances of discrimination and inequality changes your world view. You see the ugliness and you can no longer look away. That knowledge will motivate you. It will provide ideas about possible steps you might be able to take to improve things – on both a personal level and on a larger level. That brings us to STEP THREE –
creating an inclusive environment in our organizations and communities. What can we do to create an inclusive environment? First, don’t hide who you are – this is especially important for people of various minority groups. While putting yourself out there is not easy, vulnerability often offers connection.
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Dayton Bar Briefs March 2020
By Julie E. Zink Co-Chair DBA Diversity Issues Professor of Lawyering Skills and Assistant Dean of Diversity, Equity & Inclusion University of Dayton School of Law
Connection can build relationships. And relationships can break down stereotypes. Second, be an ally and find allies. Having a diverse group of people working together makes things seem less overwhelming, offers differing perspectives, and helps spread both the work and the word around. Also, positive role models and mentors are critical – find one and be one. Share your journey and listen to others share theirs. Learn from one another. Third, invest in organizational education. Schedule trainings to promote the intercultural understanding of all of the organization’s members. Luring attendees with a free lunch is often helpful. Or, perhaps, consider tying attendance at such functions to annual evaluations. But whatever is done, it should be clear that the organization is committed to fostering an environment that supports the success and inclusion of those from historically marginalized and underrepresented groups. Employees will then understand that this is an important issue that should not be ignored. Fourth, look at your surroundings and make sure that they are welcome for everyone, not just the majority. Is the diversity of your workplace reflected in the images that are displayed on your walls, on the website, and in advertising? Do you have a single-occupancy restroom for non-binary or transitioning individuals? Can disabled individuals efficiently move through and work in your office-space? Fifth, in terms of hiring, use strategies to diversify your applicant pool and diminish bias from the hiring process. Consider hiring an outside consultant to encourage diverse candidates to apply. Post job descriptions in places where diverse candidates will see them. And be sure that those making hiring decisions have received implicit bias training. It is easy to get overwhelmed and frustrated, and even think about giving up. I find that when trying to make a positive difference, embracing incrementalism is a good strategy. Those little steps add up. Just keep moving forward, slow and steady. What you do does make a difference. And with that, I’d like to end by inviting you to attend the Dayton Bar Association’s Annual Diversity Day Celebration on Friday, April 3rd.
ENDNOTES:
Implicit bias refers to “the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner.” http://kirwaninstitute.osu.edu/research/ understanding-implicit-bias/ A microaggression is a comment or action that subtly and often unconsciously or unintentionally expresses a prejudiced attitude toward a member of a marginalized group (such as a racial minority). https://www.merriam-webster.com/dictionary/microaggression Book recommendations: Moving Diversity Forward by Verna Myers; Diversity in Action by Theresa Cropper and Anna L. Brown; Just Mercy by Bryan Stevenson; Evicted by Matthew Desmond; Asylum Denied by David Ngaruri Kenney and Philip G. Schrag; Killers of the Flower Moon by David Grann; To Kill a Mockingbird by Harper Lee; and Devil in the Grove by Gilbert King. Netflix recommendations: 13th; When They See Us; and The Hate You Give. HBO recommendation: True Justice. See https://implicit.harvard.edu/implicit/takeatest.html See Melinda Epler’s TED Talk, “3 Ways to Advocate for a More Inclusive Environment” See http://kirwaninstitute.osu.edu/implicit-bias-training/ for free, online implicit bias training. 1
937.222.7902
Friday, April 3, 2020
3.0 CLE Hrs
Sinclair Community College
2020 DBA Diversity Day
Inclusive
EXCELLENCE Agenda: 8:30am–10:00am
Cultivating Diversity
Adriane H. Miller, MSW, LSW and Lake Miller National Conference for Community and Justice of Greater Dayton
• NCCJ History, Vision and Mission • Examples of privilege within law firms and the lives of participates
Friday, April 3, 2020 Seminar 8:30am-11:45am Luncheon Noon-1:30pm Sinclair Community College, Bldg 12 Luncheon Keynote Speaker:
Verna L. Williams Dean and Nippert Professor of Law University of Cincinnati
• Montgomery County Demographics • Ways to make the office and practice more inclusive • How to be an ally in life and in the practice of law
10:15am-11:45am
Local Efforts to Increase Diversity in the Legal Field Panel Discussion
• Why is Diversity Important?
Wray Blattner Esq. and Julius Carter Esq. • Summer Diversity Clerkship Program
Ebony Davenport Esq. and Jamar King Esq. • Diversity Mentoring Program
Cori Haper Esq. and Marissa Weatherly Luncheon Noon -1:30pm
Social Justice in the Legal Community Keynote Luncheon Speaker: Dean Verna L. Williams
• Reasons why law remains one of the least diverse professions • Why have efforts to diversify the legal profession failed? • Social justice feminism: Revelations; Methodology; Applications
daybar.org/event/diversityday www.daybar.org
Pricing: Member Seminar Only $105 Lunch Only $35 Seminar + Lunch $125 Passport $30
NonMember Seminar Only $150 Lunch Only $45 Seminar + Lunch $175
Luncheon Table (8) $250 *Include list of names.
Register Seminar#: 068 daybar.org/event/diversityday 937.222.7902 Dayton Bar Association
109 N. Main St., Ste. 600, Dayton, OH 45402 March 2020 Dayton Bar Briefs
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2020 ORD ER FO R M ANOTHER DBA MEMBER BENEFIT! For the second year in a row, the DBA will be mailing the Dayton Legal Directory to all Members as yet another beneďŹ t of DBA Membership. You may also order additional copies with this form.
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The DBA Board Unanimously Recommends Amendments to the DBA Code of Regulations By The Honorable Mary L. Wiseman DBA President Montgomery County Common Pleas Ct
T
he DBA’s Code of Regulations (“COR”) were initially drafted and placed into effect on July 2, 1990. Revisions to the COR were made in 1995, 1998, 2003, 2007 and 2014. The DBA’s Board of Trustees unanimously recommends that the DBA’s Members approve, at our next annual meeting, new changes to the COR. These changes implement modern practices and procedures that better reflect the DBA’s governance and operations. The Board of Trustees extends its sincere appreciation to attorney Lisa Pierce of Dinsmore and Shohl for her expertise and assistance in drafting these proposed amendments. In addition to non-substantive wording changes, such as making the COR’s language gender neutral, the following list highlights the recommended amendments:
• References to the Code of Professional Responsibility are changed to the Ohio Rules of Professional Conduct and the COR now mirrors the language of the Rules of Professional Conduct when such standards are addressed. See Art. 1, §5; Art. III, §8. • The number of Trustees on the Board shall be no less than 10, nor more than 12, with the two additional appointments by the President, as may be approved by the Board. Art. III, §1. • The nominating committee provision, Art. III, §2, now has greater specificity, including a duty of recusal on the part of nominating committee members being considered for leadership positions on the Board. • Notice to Members of actions requiring membership approval can be made using Bar Briefs; the DBA website; email; or other electronic format generally accessible to Regular Members. See Art. III, §2; Art. VI, §4, Art. IX. • The term of office for the Secretary and Treasurer is reduced to one year, although the persons in those positions may serve two consecutive terms. Art. III, §3. This provides for uniformity in the length of time all officers serve on the Board. • A majority of the Board will constitute a quorum and a majority vote of the quorum is required for the approval of business. See Art. III, §12. However, the Board may conduct business by emails or teleconference which requires unanimous consent, pursuant to Ohio law. See Art. III, §§12, 13. • The Executive Director’s position is re-titled to Chief Executive Officer to more accurately reflect the position and its duties. See Art. IV. Presidential duties have also been modified to reflect the modern operation of the DBA. www.daybar.org
• Required Standing committees or sections are those required by Rule or statute, with all other sections formed, continued, or discontinued in the discretion of the Board. See Art. V, §1. • The threshold for DBA Members to call a special meeting is increased from 25 Members to one-fourth of the active membership roll and the quorum for a special meeting is increased from 25 to 50 Members. See Art. VI, §§2, 3. • Prohibitions on conflicts of interest for the Board Trustees are now specifically included. Art. III, §15. Indemnification of Board members is expressly stated. See Art. VIII. Just as attorneys urge clients to periodically review corporate governance documents, policies, and procedures to maintain compliance with evolving legal requirements and best standards, the DBA undertook the same diligent review of its COR. The recommended changes improve ease of governance and conducting essential business while maintaining transparency, accountability, and the highest ethical standards for Trustees. These recommended amendments can be viewed in their entirety on the “DBA News” section of the website: www.daybar.org. At the 2020 Annual Meeting, the DBA Board of Trustees respectfully requests that the Members approve these amendments.
DAILY COURT REPORTER www.DailyCourt.com
Miami Valley's Choice For Effective, Afforable, Legal Publishing! See for yourself in your complimentary DBA edition of the Daily Court Reporter For More Information: dcr120@dailycourt.com March 2020 Dayton Bar Briefs
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DaYtOn Bar assOCIatIOn LEaDErsHIP DEVELOPMEnt PrOGraM
Explore.
Expand.
It’s time to inspire! Put those natural born leadership qualities to use. Take this opportunity to engage with key stakeholders in the Dayton legal community.
Grow your network within the legal community and become a catalyst for positive leadership.
Experience.
Now is the time to lead! Get prepared for your next big step, personal or professional, with cutting-edge leadership development and training.
DBA Leadership Development Program Application Deadline is May 11, 2020 Ready for Take Off!
The DBA Leadership Development Program is accepting applications NOW for the Class of 2020-2021. By participating in the program you will Explore leadership opportunities, Expand your networking within the legal community, and Experience the benefits of DBA Membership, all crucial elements in your future professional and personal success!
Program Details
The Leadership Development Program is designed for DBA Members who have been practicing less that 5 years. Monthly activities, events and sessions will run September through June and connect you with issues, essential training, and key leaders of the community. Lawyers will be accepted based upon an interest in the DBA and future leadership positions at the DBA. All candidates must be in good standing within the legal community and express an interest in community service.
Previous Leadership Development Program Grads are Current Leaders!
“colleagues The Class provided me with a forum to make new friends among my new-lawyer as well as networking opportunities with experienced attorneys serving
the Bar. The speakers and class topics provided me with insight and skills I needed to create a foundation for being a lawyer-leader in my community. - Cassandra Andres Rice Esq. Porter Wright Morris & Arthur, LLP DBA LD Class of 2013-14’
“to identify The DBA Leadership Development Class provided me with a meaningful opportunity ways to grow as both a lawyer and a community leader through thoughtful
discussions with local judges, thought leaders, and business professionals. People look to lawyers for wisdom and insight. The DBA Leadership Development Class offered me the tools and relationships to refine those qualities while making a difference in both my practice and our community. - Zachary S. Heck Esq. Taft Stettinius & Hollister LLP DBA LD Class of 2017-18’
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You're Next! Apply Today www.daybar.org th Deadline May 11
937.222.7902
Introducing Mentoring Meetups RSVP Today!
DBA Leadership and From the Bench presents:
Mentoring Meetup Thursday, March 26, 2020 5:00-7:00pm @ the DBA Offices
RSVP: daybar.org/mentormeetup
www.daybar.org
By The Honorable Mary Kate Huffman Montgomery County Common Pleas Court
T
wice each year a new cohort of attorneys receives a license to practice law. Just when the law school education and bar exam preparation concludes, admittees assume new professional responsibility requirements, including training designed to aid in the transition to the practice. To assist in the progression from student to lawyer, the Ohio Supreme Court permits new attorneys to fulfill certain new lawyer training requirements through participation in the Lawyer to Lawyer Mentoring program. Lawyer to Lawyer Mentoring links experienced attorneys with new lawyers who have recently been admitted to the practice of law, fostering a one-on-one relationship designed to assist new lawyers embarking on their legal careers. “Mentors and new lawyers meet in person six times during the course of a year to discuss topics and engage in activities they select from a mentoring plan. Upon completion of the program, mentors receive CLE credit and new lawyers receive required new lawyer training credit. By fostering positive mentoring relationships, Lawyer to Lawyer Mentoring seeks to elevate the competence, professionalism, and success of Ohio lawyers.� Currently, approximately forty Dayton-area attorneys are matched with a mentee through the Lawyer to Lawyer Mentoring program. To assist local mentors and mentees, the Dayton Bar Association recently launched quarterly Mentoring Meetups. The events provide an opportunity for program participants to meet in an informal setting with other mentors and mentees and to exchange valuable advice and thoughts on an array of topics important to young lawyers. The future Mentoring Meetups will be held at a variety of times and locations to provide greater opportunity for mentors and mentees to meet up! Please join your fellow mentors and mentees, along with members of the bench and DBA leadership at the first Mentoring Meetup at the DBA office located in the Schuster Center on Thursday, March 26th from 5:00-7:00PM. Please RSVP online to daybar.org/events/mentomeetup
March 2020 Dayton Bar Briefs
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C ontinuing L egal E ducation March 2020
April 2020
Wed. March 4 | 1:00pm - 4:15pm | 3.0 Gen. Hrs
Wed. April 1 | 9:00am - 12:15pm | 3.0 Gen. Hrs
M $105 | NM $150 | P$0
M $105 | NM $150 | P$0
Wed. March 11 | 9:00am - 12:15pm | 3.0 Gen. Hrs
*Details, Agenda on pg 9. CLE hours pending approval. Fri. April 3 | 8:30am - 1:30pm | 3.0 Gen. Hrs
Criminal Rules by the Number (Video Replay)
The Anatomy of a Will Contest (Video Replay)
2019 Judge Langer Criminal Law Update (Video Replay) M $105 | NM $150 | P $0 *Details, Agenda on pg 15 Fri. March 13 | 8:30am - 4:30pm | 6.5 Gen. Hrs
2020 DBA Annual Probate Law Institute Sinclair Community College, Building 12 EARLY BIRD RATE Register by March 6th : M $215 | NM $300 | PP $30 After March 6th : M $240 | NM $325 | PP $30 *Materials will be available in electronic format. **Printed Materials are $30, with sales ending March 6th. Wed. March 18 | 1:00pm - 4:15pm | 3.0 Gen. Hrs
2020 DBA Diversity Day
Sinclair Community College, Building 12 Luncheon Table (8) $250 Member: Seminar Only $105 | Lunch Only $35 | Seminar + Lunch $125 | Passport $30 NonMember: Seminar Only $150 | Lunch Only $45 | Seminar + Lunch $175 Speakers: Adriane H. Miller, MSW, LSW and Lake Miller Wray Blattner Esq., and Julius Carter Esq. Ebony Davenport Esq. and Jamar King Esq. Cori Haper Esq. and Marissa Weatherly Keynote Speaker: Verna L. Williams, Dean and Nippert Professor of Law University of Cincinnati
Business Law Basics (Video Replay) M $105 | NM $150 | P $0
Wed. March 25 | 1:00pm - 4:15pm | 2.0 Gen. Hrs AND 1.0 Professional Conduct
27th Annual Intellectual Property for General and Corporate Practitioners (Video Replay) M $105 | NM $150 | P $0
Wed. April 8 | 1:00pm - 4:15pm | 3.0 Gen. Hrs or 3.0 NLT Hrs
YLD Core Components (Video Replay) M $105 | NM $150 | P $0
Get Your CLE ONLINE 24-7!
DAYBAR.CE.21.COM Take up to
12 hours of self study credit.
Wed. April 15| 9:00am - 2:15pm | 3.0 Gen. Hrs or 3.0 NLT Hrs
2019 Appointed Appellate Counsel (Video Replay) M $105 | NM $150 | P$0
Wed. April 22 | 9:00am - 4:45pm | 5.0 Gen. Hrs or 1.0 Professional Conduct
2019 Elder Law Update (Video Replay) M $215 | NM $300 | P $0
Fri. April 24 | 9:00am - 4:45pm | CLE hours pending approval.
2019 Annual Domestic Relations Institute
Sinclair Community College, Building 12 EARLY BIRD RATE Register by April 17th : M $215 | NM $300 | PP $30 After April 17th : M $240 | NM $325 | PP $30 *Materials will be available in electronic format. **Printed Materials are $30, with sales ending April 17th. Wed. April 29 | 1:00pm - 4:15pm | 2.5 Professional Conduct AND 0.5 Gen. Hrs
Well-Being Skills for the Effective Lawyer (Video Replay) M $105 | NM $150 | P$0 14
Dayton Bar Briefs March 2020
937.222.7902
Friday, March 13, 2020
6.5 CLE Hrs
Sinclair Community College
Probate Law 2020 DBA Annual
Friday, March 13, 2020 Sinclair Community College, Bldg 12 8:30am - 4:30pm | 6.5 General Hrs EARLY BIRD RATE SAVE $25! Register by March 6th M $215 | NM $300 | P$30 Register after March 6th M $240 | NM $325 | P$30 Printed Materials $30 order by March 6th *Electronic materials will be available at no cost.
Agenda: 8:30am
The SECURE Act: New Realm for IRA Estate Planning Edwin P. Morrow, US Bank, Cincinnati, 1.25 Hr
9:45am
Montgomery County Probate Court “Hour of Power:” Current Issues at the Court Judges Magistrates & Staff, 1.0 Hr
10:45am Break 11:00am Recent Selected Cases and Issues in Probate Hon. Jack Puffenberger, Lucas County Probate Court, 1.0 Hr 12:00pm Lunch 1:00pm Ethical Issues in Probate Practice Matthew Hochstetler, David J. Simmons & Associates, LLC 1.0 PC Hr 2:00pm Break 2:15pm -Firearms: Inside the Mental Health, Access and 4:30pm Transfer Issues of Firearms Derek DeBrosse Esq., Barney + DeBrosse, LLC, Columbus 2.25 Gen Hrs 4:30pm Adjourn
www.daybar.org
Thank You to Our Sponsor!
TO REGISTER: www.daybar.org/event/2020dbaprobatelaw
Pricing:
EARLY BIRD RATE
After March 6th Member $240 NonMember $325 Passport $30
Register byMarch 6th ! Members $215 NonMember $300 Passport $30
Printed Materials $30 order by March 6th (Select this option if you would like printed materials.) *Electronic materials will be available at no cost.
Register Seminar#:066 daybar.org/event/2020dbaprobatelaw 937.222.7902 Dayton Bar Association
109 N. Main St., Ste. 600, Dayton, OH 45402
March 2020 Dayton Bar Briefs
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DBA Rising Star
Jeannine E. Hudson Esq. Green & Green Lawyers W
hen I met up with Jeannine Hudson to interview her for this month’s Rising Star feature, I had no idea that she would impart so much wisdom on me and affirm my commitment to our shared profession. Jeannine currently focuses her practice in general litigation, real estate law, and landlord tenant issues at Green & Green Lawyers in downtown Dayton. Prior to joining Green & Green, Jeannine worked as an assistant prosecuting attorney with the Montgomery County Prosecutor’s Office. During her time there, she handled a variety of cases from low level offenses to serious crimes against children. Growing up as a middle child, Jeannine learned early on to be assertive and to communicate her needs to meet an objective. It is no wonder that she zeroed in on the law as her profession at an early age. Her zest led her to the University of Toledo College of Law where she graduated in 2013. While in law school, Jeannine was a chair member in Toledo’s Moot Court program and was a member of the Order of the Barristers, a national honorary organization focused on oral advocacy and brief writing skills. She knew then that she enjoyed being in the courtroom and being able to engage the judge to effectively make her case. The skills she developed in law school and at the prosecutor’s office prepared her for her current role in private practice. She was also recently named to the appointed counsel list where she is able to use her trial advocacy skills to help those in need faced with criminal charges. When asked what advice she would give to a new lawyer entering the profession, she encouraged them to “not be afraid to do something you don’t want to do.” This was one of the many “nuggets” of wisdom Jeannine impart on me during our conversation. Jeannine maintained that putting yourself in uncomfortable situations forces you to adapt; comfort zones are nice, but true growth occurs when you dare to step outside of them. She is also a firm believer that “you’re always where you’re supposed to be.” For newer attorneys, it can be difficult to find your footing and easy to succumb to imposter
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syndrome. That is why support from your colleagues and mentors is so essential. Jeannine mentioned several insightful conversations she’s had with one of her mentors, Judge Mary K. Huffman, throughout her career. When faced with making a difficult decision, Judge Huffman simply, but powerfully stated that when something doesn’t work out, move on. If Jeannine stuck to her comfort zones, she may never have tried her hand at civil litigation where she was able to learn and develop into the skilled attorney she is today. When she’s not working, Jeannine likes to destress by exercising. Her workout regimen is varied, including yoga, spinning class, and she even teaches aerobics and spinning at the Downtown Dayton YWCA. She also enjoys spending time with her fiancé and two cats, Pookie and Socks. When asked what she would do if she wasn’t an attorney, she said she would open a cat shelter to care for the many strays in our community. continued on page 17
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RISING STAR: Jeannine E. Hudson continued from page 16
DAYTON Bar Association
Trust
The last “nugget” Jeannine left me with was to “be yourself.” While our profession is experiential and requires some trial and error along the way, it is important not to lose sight of yourself. Over the years, Jeannine realized that instead of trying to model herself after a “good” attorney, she was more effective leaning into her own personal qualities. No one becomes an accomplished attorney over night; indeed, our profession requires a commitment to lifelong growing and learning. Jeannine is proof that with hard work, determination, and a willingness to be flexible, good things are sure to follow.
By Ebony D. Davenport DBA Editorial Board Pickrel Schaeffer & Ebeling., Co LPA.
www.daybar.org
HERBERT M. EIKENBARY
What is The Eikenbary Trust? The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance. Individual loans, are available up to $6,000 at 4% interest, while grants up to $4000 are also available.
To Apply: Jennifer Otchy,DBA Executive Director Dayton Bar Association | 109 N. Main St., Suite 600 | Dayton, OH 45402-1129 jotchy@daybar.org | 937.222.7902 | www.daybar.org
March 2020 Dayton Bar Briefs
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In recognition of National Women’s Month and International Women’s Day 2020, the DBA Women in Law Forum & LexisNexis Women’s Connected present:
The Power of Grit
Friday, March 20, 2020 | 7:30am - 10:00am LexisNexis | 9443 Springboro Pike, Miamisburg Building 4 Auditorium
Agenda: 7:30am: Continental Breakfast/Networking Grit Scale Quiz 8:00am: Introductions Erin Rhinehart Esq. Faruki PLL Lynn Reynolds Esq. CareSource DBA Women in Law Forum Co-Chairs
The Grit Project educates about the science behind grit and growth mindset and, through its online Toolkit, provides bar associations, law firms, corporate legal departments, and attorneys with resources to assess, teach, and learn these traits. This seminar was developed with assistance from the ABA Commission on Women’s “The Grit Project.”
8:05am: GRIT: What it is and Why it Matters Christine Railsback Next Generational Behavioral Health
8:50am: Break 9:00am: Discussion with Distinguished Panelists
Honorable Mary L. Wiseman, DBA President Montgomery County Common Pleas Court
Janice Baker, Senior Vice President & Counsel GE Capital Aviation Services
rsvp! www.daybar.org/event/powerofgrit
Julie Barber, Vice President of Telephonic Sales LexisNexis
9:45am: Open Discussion & Questions 10:00am: Closing Remarks
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www.daybar.org
March 2020 Dayton Bar Briefs
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From the Judges Desk
Potential Changes Coming to Ohio’s Evidence Rule on the Competency of Witnesses By The Honorable Mary Kate Huffman Montgomery County Common Pleas Court
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n January, 2020, the Ohio Supreme Court filed with the legislature changes to certain rules of practice and procedure. If the legislature fails to take action on the proposed changes, the modified rules will go into effect on July 1, 2020.1 One of the significant changes adopted by the Court revises the rule related to the competency of witnesses. Currently Evid. R. 601 provides that every person is competent to testify, except “those of unsound mind and children under the age of 10.” Thus, under the existing version of the rule, the court must undertake a mandatory evaluation of the competence of a witness under the age of 10 before the witness may testify. Courts frequently determine the competence of child witnesses, particularly in criminal matters. The Ohio Supreme Court, upon the recommendation of the Commission on the Rules of Practice and Procedure, opted to modernize the existing antiquated rule on the competence of witnesses in favor of a presumption of competence for all witnesses, regardless of age. The current version of Evid. R. 601 finds its roots in religious doctrine. Historically, courts considered children of “tender age” incompetent to testify, resulting from the belief that a child could not understand the gravity or nature of the oath to be administered. Influenced by Canon Law, which automatically rejected the testimony of all males under the age of 14 and females under the age of 12, courts focused on a religious justification for not permitting a child to testify. Children, and often women, were perceived as inherently sinful, lacking in moral or religious understanding, and, therefore, incapable of the truth. Thus, the focus of witness competence became the ability to understand religious principles. When children were 20
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permitted to testify, an independent corroboration requirement served as an impediment to conviction for any crime where the victim was a child. Throughout the Eighteenth Century and to the mid-Nineteenth Century, “children were only permitted to give evidence on oath provided they could demonstrate sufficient understanding of the actual implications of ‘burning in hell’ if they lied.” 2 Competence to testify, then, continued to focus on the religious significance of the oath. In some cases, before their testimony could be admitted, children endured a “crash course” in religious education to influence the child’s understanding of the religious oath.3 Children lacking in religious education, or unwilling to undergo religious indoctrination, were deemed incompetent to testify.4 Reliance on religious understanding of the oath administered to witnesses suffered criticism beginning in the mid-Nineteenth Century. Courts began equating the competence of child witnesses with the ability to distinguish between the truth from a lie.5 The support for the truth v. lie litmus test of competency found its roots in the notion that if a child lacks an understanding of the distinction, he or she would be less likely to tell the truth.6 Recent research demonstrates, however, that younger children are no more “likely to tell lies than older children or adults, although younger children may lie about different things than adults.”7 One Canadian research study found that even with children who recognize the difference between the truth and a lie, and acknowledge that it is “bad” to lie, there remains no demonstrable relationship between a child’s understanding of the concepts and actual truthtelling.8 Research supports the proposition,
though, that administration of an oath to tell the truth significantly increases the likelihood that a child will tell the truth.9 Research confirms that reliability of a child witness’ testimony finds influence in perceptual, intelligence, memory, and communication skills, and the court’s admonition to tell the truth.10 The core criteria for assessing testimonialcompetency include: (1) ability to observe and recall an event; (2) ability to understand and respond to questions related to the event; (3) ability to understand the importance of telling the truth in court; and (4) psycho-social and contextual factors affecting testimonial ability.11
ENDNOTES:
continued on page 21
For a complete list of rule changes, go to http:// www.supremecourtofohio.gov/ruleamendments/ documents/2020%20P&P%20(As%20Filed%20 with%20GA).pdf 2 Kim Stevenson, “Children of a Very Tender Age Have Vicious Propensities”: Child Witness Testimonies in Cases of Sexual Abuse, Law, Crime and History 1 (2017). 3 R. v. Murphy, (1795) 1 Leach 430. 4 See Stevenson, supra. note 1. 5 R. v. Holmes, (1861) 2F&F 788. 6 See Nicholas Bala, Kang Lee, R.L.C. Lindsay and Victoria Talwar, The Competency of Children to Testify: Psychological Research Informing Canadian Law Reform, 18 Int’l. J. Child. Rights, 53, 58 (2010). 7 Id. at 59. 8 Id. at 61. 9 Id. at 63. 10 Sharon Kruger, Gertie Pretorius, and Tumi Diale, A Psychological Perspective on Competency Testing of the Child Victim and Witness of Sexual Offences in South Africa, 17 Child Abuse Research 1, 6 (2016). 11 Id. 1
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March 2020 FROM THE JUDGES DESK: Potential Changes Coming to Ohio’s Evidence Rule on the Competency of Witnesses continued from page 20 A 2009 analysis found that forty two of the fifty states in the United States had abandoned any mandatory evaluation of the competency of a child-witness and had, instead, adopted an evidence rule similar to the federal rule determining that “every person is competent to testify.” 12 Following the national trend, and the rejection of the notion that the ability to tell the truth bears religious roots, the Ohio Commission on the Rules of Practice and Procedure recommended and the Supreme Court adopted the following revision to Evid. R. 601:
DBA Section Meetings | Meetings at the DBA unless otherwise stated. Monday, March 2 @ Noon Juvenile Law Thursday, March 5 @ 11:30am Public Service & Congeniality Tuesday, March 10 Civil Practice & ADR @ 5pm Labor & Employment @ Noon Wednesday, March 11 @ Noon Appellate Court Practice
Thursday, March 12 Domestic Relations @ Noon Real Property @ Noon Wednesday, March 18 @ Noon Criminal Law Thursday, March 19 @ Noon Workers Comp & Social Security Friday, March 20 @ Noon Diversity Issues
Contact Tyler to Join a DBA Section! twright@daybar.org
join us for the next book club event!
(A) Every person is competent to be a witness except as otherwise provided in these rules. (B) A person is disqualified to testify as a witness when the court determines that the person is: (1) Incapable of expressing himself or herself concerning the matter as to be understood, either directly or through interpretation by one who can understand him or her, or (2) Incapable of understanding the duty of a witness to tell the truth.13 The rule change will thus require any party seeking to raise the issue of the competence of any witness to bring the matter to the court’s attention, rather than demand that the court to initially certify the competence of a witness prior to testimony.
ENDNOTES:
C.B. Mueller and L.C. Kirkpatrick, Evidence (4th edn.)(2009). 13 The balance of Evid. R. 601 remains the same as in previous versions. 12
upcoming Chancery Club Luncheons
Great speakers & topics, delicious catered lunch, networking & discussions at The Old Courthouse! The DBA would like to thank the Eichelberger Foundation for its generosity with sponsoring these luncheons.
Chancery Club Luncheon Dates:
Friday, March 6th Thursday, April 2nd May TBA
www.daybar.org
Hillbilly Elegy: A Memoir of a Family and Culture in Crisis by J.D. Vance
rsvp to: daybar.org/bookclub March 2020 Dayton Bar Briefs
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www.daybar.org
March 2020 Dayton Bar Briefs
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OLAP
5 Things Lawyers Need to Know About Reacting T
he way we react to life events shapes others’ perceptions of us. Most of us lawyers want our colleagues, friends and acquaintances to think of us as friendly, well-mannered, and balanced professionals. How do we accomplish this? Be aware. Reactions occur constantly in our lives, even when we are not aware of it: in meetings, in conversations, while we drive or someone else drives, in relationships, in how we treat the barista at the coffee shop. As you react to the events that happen in your life, think about the following five tips, and there’s a good chance that others will perceive you in a positive manner.
Be aware of your body language and actions
You know the old saying “Actions speak louder than words.” Most of our communication in life is non-verbal. Dr. Albert Mehrabian determined that human communication consists of 7% spoken words, 38% tone of voice, and 55% body language. This means that 93% of communication is non-verbal. Think about that as you go about your day. Did you slam the door when you went back to your office? Do you cross your arms during meetings and slump in your seat? These actions can make others perceive you as angry and bored, but you probably want to be perceived as trustworthy and approachable, right? Use positive body language. Use consistent eye contact, sit up straight, rest your arms at your waist. Don’t frown, smirk, or slump. Successful and positive communication is crucial for a lawyer’s success.
Watch your tone
The tone of your voice is so important when you are having a conversation with someone. Whether you are speaking with your client, child, friend, mother, etc., it’s important to be cognizant of the tone of your voice. Different tones of voice convey different information. For example, when you raise your voice or yell, the person will probably think you are angry. Speaking in a quiet tone of voice projects a sense of weakness or awkwardness. Speak with a confident and firm voice, and you will most likely be thought of as influential and distinguished. Be compassionate In the book “To Kill a Mockingbird,” lawyer Atticus Finch says, “You never really understand a person until you consider things from his point of view…until you climb in his skin and walk around in it.” You are compassionate if you are able to empathize with others as they go through the ups and downs of life. How do you react when your associate calls in sick because all three of his children have the flu? If this invokes feelings of anger and disappointment, you need to work on being more compassionate. A compassionate person would show kindness and empathy to the associate by letting him know that he should take the time he needs to care for his sick children. Understand social cues Social cues are another type of body language, but they focus on how others react to you. For example, you might notice that people tend to inch away from you during a conversation. This is a social cue that you 24
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By Scott R. Mote Esq., Executive Director Ohio Lawyers Assistance Program If you are unhappy, depressed, suffering from substance use disorder, burnout, or stress, and you believe it is affecting your life, Ohio Lawyers Assistance Program can provide CONFIDENTIAL help. For more info: ohiolap.org or call (800) 348-4343 or (614) 586-0621
are stepping into their personal space. Try to maintain a good distance, usually around three feet. If people fidget when you are speaking, they might be uncomfortable, either talking to you or about the topic of the conversation. If you notice this, change the topic or end the conversation. If people furrow their brows, they might be confused or annoyed with you. Help them better understand what you are saying, or end the conversation.
Know when to speak up, but not in an aggressive way
Think of a time you became angry, frustrated or disappointed. How did you react? If the first thing you did was gain your composure and assess the situation in a rational way, you are on the right track. If the first thing you did was start yelling, slamming doors or punching walls, you need to work on how you react to situations. It is important to react in an assertive way, not an aggressive one. Assertive people speak openly and to the point with a conversational tone, showing respect to others. Aggressive people tend to speak loudly, interrupt, glare and intimidate. Another thing to contemplate is if it is even necessary to speak up. If you are driving to work and a car cuts you off, is it really necessary to start swearing, following the other car and yelling at the driver? The best thing to do is move on. The other driver probably did not intentionally do this. It was probably an accident. You really don’t need to speak up in this situation. On the other hand, if a person in your staff meeting blames you for a mistake and it is not true, this is a good time to speak up, but not in an aggressive way. Treat others the way you want to be treated Remember that barista? The one who gave you the wrong change, and you reacted incredibly rude to her? She might know a current client, a judge, someone at your law office or in your family. You wouldn’t want these people to think of you as rude and impatient, would you? Be aware of your reactions.
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DAYTON BarFoundation
| Susan Blasik-Miller Esq. | | Karen Bradley Esq.| Mark Chilson Esq.| | John Cumming Esq. | Robert Curry Esq.| | Daryl Douple Esq. | Ted Gudorf Esq. | | Stephen Herbert Esq. | Hon. Mary Huffman | | Richard Jacobs Esq. | Anne Keeton Esq. | | Tom Kendo Esq. | Scott King Esq. | Gary Leppla Esq. | | Kermit Lowery Esq. | Michael Mayer Esq. | | Hon. Alice McCollum | David Miles Esq. | Kevin Mulder Esq. | | James Neef Esq. | Bruce Nicholson Esq. | Hon. Timothy O'Connell | | Joe Oehlers Esq. | Lynn Reynolds Esq. | John Rion Esq. | | Greg Rosenbaum Esq. | John Ruffolo Esq. | Edwin Ryan Esq. | | John Smith Esq. | Edward Smith Esq. | | Tracy & Tracy Co. L.P.A. | Charles Wagner Esq. | | Benjamin Watson Esq. | Merle Wilberding Esq. | | Mr. & Mrs. David Williamson | | Hon. Mary L. Wiseman | About the Dayton Bar Foundation (DBF): The DBF was created as a non-profit, 501(c) (3) charitable organization. Through the Foundation, the more than 1,400 DBA members join together to support a wide variety of good works and charitable activities on behalf of the greater Dayton legal community. *The Foundation is supported solely by Members and Friends of the Foundation.
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March 2020 Dayton Bar Briefs
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M Members embers O OnnTThe heM Move ove MEMBERS ON THE MOVE: If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received an award, or have other news to share, we’d like to hear from you! News of CLE presentations and political announcements are not accepted. Members on the Move announcements are printed at no cost, and must be submitted via email and are subject to editing. These accouncements are printed as space is available. Questions? Contact: DBA Communications Manager | Shayla M. Eggleton: publications@daybar.org
DBA Classifieds HANN HARRISON
Taft Law has announced that Jennifer Hann Harrison has been appointed as the new Taft Dayton partner-in-charge. Harrison will oversee the growth, business development and recruitment efforts of the firm’s Dayton office, with her appointment taking effect on Feb. 12, 2020. Hann Harrison joined Taft as a partner in 2009 and brings more than 20 years of legal experience to the firm. As a labor and employment attorney with an emphasis on safety and workers’ compensation, Hann Harrison possesses a deep understanding of the legal landscape and how to best address clients’ most complex employment-related challenges. She advises employers on discrimination, retaliation and compliance matters and also serves as outside general counsel to closely held corporations, partnerships and limited liability companies. Hann Harrison is a well-respected member of the Dayton community. She is the 2020 Chair of the board of trustees of the Dayton Area Chamber of Commerce; a Dayton Area Logistics Association steering committee member and also serves as the organization’s general counsel. She serves as a board of trustees member for The Dayton Art Institute and is the past president of the Cox Arboretum Foundation board of trustees.
Advertiser Index Daily Court Reporter.......................11 Eikenbary Trust..............................17 Ferneding Insurance.......................16 National Processing Solutions.........17 OBLIC.................................back cover R.L. Emmons & Associates.................7 Rogers McNay Insurance..................13 Trisha M. Duff - Mediations................7 26
Dayton Bar Briefs March 2020
Classified ads are accepted each month, September through Summer. Copy and payment must be received by the first day of the month preceding the month of publication. BAR BRIEFS EDITORIAL BOARD reserves the right to refuse any ad. Classified ads of greater length are allowed. Members: $20 per 25 words | NonMembers: $30 per 25 words Additional $5 for DBA reply box EMPLOYEE ENGAGEMENT SURVEYS, CLIENT SATISFACTION SURVEYS. Customizable, Confidential, Powerful analytics. Enhances firm focus. Antonette Lucente, Blue Gill Consulting Group LLC Antonette@bgfishpond.com
NEED A MEDIATOR/ARBITRATOR? JOHN M. MEAGHER, Judge (Retired) Adjustable fees 25 Years Resulting in 2,100+ Mediations 50+ Arbitrations Call (937) 604-4840 Jmeagher2@gmail.com
LOCAL COURT RULES
OFFICE FURNITURE FOR SALE
Dayton Municipal Court has proposed changes to the Local Court Rules. Please visit the Dayton Municipal Court at: http://www.daytonmunicipalcourt.org for notice of and an opportunity to view and comment on proposed local court rules.
Centerville law office is relocating and has the following items for sale: very nice 6 foot wood executive desk and kneehole credenza, 8 foot conference table with 8 chairs, 2 small bookcases, 1 tall 5 shelf bookcase, 2 black 4 drawer legal filing cabinets, lobby sofa with matching chair, 2 matching client chairs, 2 burgundy client chairs, computer cart and IBM Selectric typewritter. Mark J. Friedman, Esq. 1163 Lyons Road, Centerville, OH 45458 (937) 438-2828 | mjfriedmanlaw@yahoo.com
MEDIATION Dennis J. Langer Retired Common Pleas Judge LangerMediation.com | (937) 367-4776
MEDIATION/ARBITRATION William H. Wolff, Jr., LLC Retired Trial and Appellate Judge Phone: (937) 293-5295 (937) 572-3185 judgewolff@woh.rr.com
MEDIATIONS Jeffrey A. Hazlett Esq. 5276 Burning Bush Lane Kettering, Ohio 45429-5842 (937) 689-3193 hazlettjeffrey@gmail.com http://www.nadn.org/jeffrey-hazlett
OFFICE SPACE 101 Southmoor Circle, NW (Stroop and Far Hills) One office available at $400/month. Furnished or unfurnished. Rent includes all utilities, remodeled full size kitchen, two completely remodeled baths, secretarial area, reception area and conference room. No lease, no deposit. Email dave@SchmidtDayton.com for info and pics.
937.222.7902
L aw -R elated O rganizations Dayton Bar Foundation
Now Accepting Applications! 2020-2021
Dayton Bar Foundation
Grants
deadline to apply march7th visit www.daybar.org
University of Dayton School of Law
www.daybar.org
March 2020 Dayton Bar Briefs
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109 N. Main St., Suite 600 Dayton, OH 45402–1129 ADDRESS SERVICE REQUESTED
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