March 2022 Dayton Bar Briefs Magazine by Dayton Bar Association

March 2022 The Off icial Magazine of the DBA

BarBriefs

TRUSTEE'S MESSAGE Pivoting Into the Future pg 6

diversity issues

from the judge's desk

Diversity Is Not Enough

The Science of Sentencing

pg 16

pg 22

BarBriefs DBA Board of Trustees 2021-2022

Merle F. Wil

erdin

President

Caroline H. Gentry First Vice President

Anne P. Keeton Second Vice President

Hon. E. Gerald Parker Jr. Treasurer

Michael J. Jurek Secretary

ony D. Davenport

Member–at–Large

James H. Greer Justine Z. Larsen Member–at–Large

Sean P. McCormick Member–at–Large

oun

Immediate Past President

John M. Ru

olo , ex ocio

Bar Counsel

Jenni

March 2022

no.

Contents Columns:

The Energy of Dayton

By Merle Wilberding Esq. | Coolidge Wall Co., LPA

PRESIDENT'S MESSAGE

Pivoting Into the Future

By Anne P. Keeton Esq. | Freund, Freeze & Arnold, LPA

TRUSTEE'S MESSAGE

The Science of Sentencing

By The Honorable Mary E. Montgomery | Montgomery County Common Pleas Ct

JUDGE'S DESK

Features:

Member–at–Large

Fredric L.

vol.

er Otchy, ex ocio

Deborah Adler Esq.

BARRISTER OF THE MONTH

APPELLATE LAW

By Morgan Napier Esq. | Faruki+ PLL

Mandates: You Can't Always Get What You Want, But If You Try Sometimes You Just Might Find You Get What You Need. By Jeffrey Sharkey Esq. & Raika Casey Esq. | Faruki+ PLL

Diversity Is Not Enough

Trauma Informed Village

Jonathan Sutermeister Esq. WilmerHale

DIVERSITTY ISSUES

JUVENILE LAW

By Julie E. Zink Esq., Prof. of Lawyering Skills | University of Dayton School of Law

By Serah Siemann Esq. | Siemann Law Office

By Zach White Esq. | Coolidge Wall Co., LPA

RISING STAR

Departments: 9 March 2022 DBA Section Meetings 14 March 2022 DBA CLE Calendar & On-Demand CLE Also Inside:

LAW RELATED ORGANIZATIONS Dayton Bar Foundation pg 26 Greater Dayton Area Diversity, Equity & Inclusion Legal Roundtable pg 27 Greater Dayton Volunteer Lawyers Project pg 28 University of Dayton School of Law pg 29

30 30 30

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Column

PresidentrsMessage:

The of Dayton Photographed at left: Bing Davis, Susan Elliott and Merle Wilberding to the education he would need, so that he could use his artistic talent to express what he could see and feel in the world around him. That education eventually brought him back to Dayton as an art teacher. A week or two after the presentation, Tom Archdeacon published a great column on Bing, highlighted (in my mind) by his quote from Bing about a personal revelation that has since defined him.

ast month I attended Willis “Bing” Davis’ presentation about his “Kneel” exhibition at The Contemporary Art Gallery. His Kneel art represents his protest against police brutality, connecting Derek Chauvin’s fatal kneeling on George Floyd’s neck and Colin Kaepernick’s kneeling in protest as the national anthem was played during football games. Bing explained that in creating this art exhibit, he decided to use old footballs from Dunbar High School because he wanted to reflect their heavy use by the many young African-Americans who would have touched them with their own hands, pouring their energy into them. Then Bing scoured junk yards and warehouses to find scraps of used wood that he could use to build the cradles for the kneeler, so that other pieces of Dayton were part of the art. This was an inter-active exhibition in the sense that it invited visitors to kneel on the football and experience the art in a personal way. I found that kneeling down, even for a second or two, invoked a sense of humility and awe as the gravity of the protest sank in. In his remarks at The Contemporary Art Gallery, Bing thanked the Dayton community because, as he said,

Dayton’s special energy has invigorated him to do his best.

I was struck by Bing’s vision that his art pulls in the energy of the community. He shared the many opportunities Dayton has given him over his past 80+ years, starting as a Negro All-State basketball player at Wilbur Wright High School and then playing basketball at DePauw University. He had wanted, even as a young child, to be an artist, and a coach pointed out to him that his athletic ability was the vehicle

DAYTON Bar Briefs |

MARCH 2022

“In 1966, I stopped teaching art and began teaching people. I found you could use art as an agent of change and help build better people.”

Although the "Kneel" exhibit at The Contemporary Art Gallery has ended, catch up with Bing at the: Willis "Bing" Davis Studio and Ebonnia Gallery 1135 W. Third St. Dayton, Ohio 45402 937.223.2290 bingdavis.tripod.com

Bing invoked the energy of Dayton to capture his talents to bring about change. It struck me that this is the spirit we want in our bar association and in our community We see the energy of Dayton all around us: The redevelopment of the Arcade, Carillon Park, our resident eagles (Orv & Willa), our universities and medical centers, the Dayton Dragons, the Dayton Literary Peace Prize, and the Wright-Dunbar District. I thought then, and I think now, that we as lawyers can invoke the energy of Dayton to capture our own skills and abilities as agents of change. Our words and actions as lawyers can help build better people and a build a better community. We can see already the many initiatives being taken to promote diversity, equity, and inclusion in the Dayton legal community, the Dayton justice community, and the Dayton community at large, initiatives such as the DBA Diversity Committee chaired by UD Professor Julie Zink and Sinclair

Professor Myla Cardona-Jones, the DBA Social Justice Initiative chaired by Magistrate Judge Caroline Gentry, and the Diversity Roundtable chaired by Thompson Hine senior partner, Wray Blattner. I would encourage everyone to think about what they can do to promote diversity, equity and inclusion in our communities. All of us have our own talents and skills, can use in our own ways, whether that means an active protest, a quiet prayer, or other good deed. Every act inches us forward, both individually and collectively, as we need move the needle a bit in the right direction. At the DBA we have had and continue to have many opportunities to move the diversity, equity, and inclusion needle forward, encouraging our members to volunteer for a day at the Food Bank, to volunteer for Wills for Heroes, or to accept a case from the Voluntary Lawyers Project, the Legal Aid for Western Ohio (LAWO), or the Advocates for Basic Legal Equality (ABLE). We can sponsor one or more of the Law & Leadership Institute students who are looking for an opportunity to shadow a lawyer or law firm to help them identify and visualize their own goals of someday becoming a lawyer. We can attend the Joseph Cinque Scholarship Banquet on March 4th and support Black Law Students Association (BLSA) as its sponsor. All of these efforts deserve our participation and support and, whether they are giant steps or little steps, they are steps in the right direction. We need to expand our horizons, even if sometimes we are just moving at all deliberate speed. Bing Davis invokes the energy of the Dayton community in using his art to get people to think about the diversity, equity and inclusion. I think we can also use that energy in our diversity, equity and inclusion programs to make a difference in our communities. I will quote Jonathan Hollingsworth again, “We are in the greatest profession in the world. We can make a difference.” So, let’s work together to make a difference in our legal community, our justice system, and our community.

By Merle Wilberding Esq. Coolidge Wall Co., LPA Wilberding@coollaw.com MARCH 2022 |

DAYTON Bar Briefs

Column

TrusteersMessage:

Pivoting Into the

Future M

By Anne P. Keeton Esq. DBA Second Vice-President Freund Freeze & Arnold, A Legal Professional Asociation akeeton@ffalaw.com

erriam-Webster defines “pivoting” as “an adjustment or modification made … to adapt or improve.” I think it’s safe to say we’ve all found ourselves doing a bit of pivoting in the past few years. Whether in our personal lives, re-evaluating priorities to focus on health and family, or in our profession, re-dedicating ourselves to our practices and client service under the constraints of COVID, we’ve all recognized the need for resilience. We’ve all found ways to adapt to the dreaded “new normal.” We’ve all pivoted. The DBA is no exception. Over the past year, the DBA implemented technology, initiatives, and public services to accommodate the changing landscape of the legal practice and the needs of our members. Recognizing that virtual and hybrid meetings and events are here to stay, the DBA invested in new technologies to help keep you connected. Many of our Sections and CLE meetings are hybrid, offering more flexibility to choose the option that best suits your needs. On the website, you’ll find a personalized portal for easy access to all sections, CLEs, publications, and more, tailored for you. We’ve added virtual meeting options through Zoom and invested in technology that allows us to conduct hybrid meetings more effectively. The DBA also expanded initiatives, including the Social Justice Initiative. As Bar Associations across the country took steps to further racial justice, the DBA assembled a task force to address all types of social justice, including racial justice. It is the DBA’s firm belief that lawyers play an integral role in advancing social justice in our community, and the DBA is well-suited to provide leadership on social justice issues. Looking ahead to 2022, we are excited to launch this initiative and begin community conversation and action to intentionally and thoughtfully inform, involve, and impact our community in positive ways. Members will also find advances in the Lawyer Referral Service and the Ohio Notary Service. The DBA successfully moved LRS to a more technologically efficient platform to reach more potential clients and streamlined the referral process for LRS panel members through the DBA member dashboard. The DBA joined forces with the Akron, Cincinnati, Cleveland, Toledo and the Ohio State Bar Associations to help new and renewing notaries across all of Ohio with their education and testing needs. Moving into 2022, rest assured the DBA is working hard to provide the best possible services for our members and to meet your needs. As you pivot to adapt to this “new normal,” know the DBA is pivoting with you.

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MARCH 2022

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MARCH 2022 |

DAYTON Bar Briefs

Feature

BaristeroftheMonth:

Deborah J. Adler Esq.

eborah "Debbie" Adler is a "frequent Flyer" who continues to give back to the Dayton community. Debbie grew up on a farm outside of Bowling Green, Ohio, which is what she attributes to her strong work ethic. As the oldest of five, she was responsible for helping her family out around the farm by driving the tractor and pick-up truck at a young age. She went on to be the first in her family to pursue higher education, the University of Dayton, where she received not only her undergraduate degree, but also her juris doctorate. While in law school, she clerked for Judge Rodney Love with the Montgomery County Court of Common Pleas, which was also her first job. She went on to be the first law clerk for Judge Love's successor, Judge John W. Kessler. During her time as a clerk, she observed the different lawyer styles and learned effective litigation skills. After clerking, Debbie was hired by E.S. Gallon to litigate workers compensation cases, and eventually social security and disability actions. It was during her time there that E.S. "Chuck" Gallon imparted some advice that she has since tried to live by – "But for the grace of God, there I go." Also, at E.S. Gallon, Debbie met her close friend and mentor Pat Allen. She is very grateful for this mentorship (and other mentorships that she received) especially as there were not a lot of female role models in the legal field at that time.

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MARCH 2022

Debbie joined and became a partner at Altick & Corwin where she successfully litigated a contentious, six-day jury trial against the West Carrollton School Board District, which was represented by the formidable late Diane Gentile, in a case relating to mold in the school buildings. Of that experience, Debbie is proud of the success due to the time and the effort that she took to represent her clients and the effect it had on the school repairing its buildings. She completed many depositions and attended conferences to understand the science behind mold. Afterall, to Debbie, education did not stop just because she left school. Indeed, she would even attend trials for companion cases to those she was litigating in order to observe how the attorneys were litigating those cases and the questions that they were asking witnesses. She will never forget the double take that she received from an opposing counsel when she attended her cross examination in Cleveland in one such instance. After her success in the courtroom, Debbie returned to the University of Dayton School of Law to serve the school as the Director of Advancement. Recruited for the position by then-Dean Lisa Kloppenberg, she worked for three different deans to assist the law school in building and maintaining relationships and financial support from alumni. She enjoyed traveling and meeting alumni who were working on great things throughout the country and world. "UDSL can boast of alumni in positions in all branches of our government, judgeships, and private practice. At one time, even the Hague!" She felt it was an honor and privilege to be able to serve the law school in her role in advancement and is proud of the relationships she helped cultivate and the 32 endowed scholarships that she worked to secure for future Flyers.

In 2017, she retired from her role with the University and now works part time. She enjoys working with Robert "Buzz" Portune in assisting refugees in the Dayton area to complete the documents required to become permanent residents. She finds this Pro Bono work fulfilling to be able to help the families and seeing them flourish in their new homeland. Debbie is grateful to have spent her career practicing in Dayton, noting the professionalism and collegiately of the area. Debbie's greatest personal accomplishment is remembering where she came from and the importance of education because of the opportunities that it allows one to enjoy. Her education has allowed her to help those without a voice, and in many instances keep their home and the lights on. If Debbie could offer any advice to her younger self, living out your father’s example never steered you wrong: "stay true to yourself, to always do the right thing – even when it is hard." Just don’t be so hard on yourself, you don’t have to be perfect! Debbie is married to her husband, Gary Codeluppi, also a UD graduate. They enjoy spending time with their two children and two grandchildren. She also enjoys gardening, cooking, traveling, and spending time with friends that she met while attending the University of Dayton. And, of course, as with all "frequent Flyers," she enjoys cheering on the Dayton Flyers basketball team.

By Morgan Napier Esq. Faruki+ PLL mnapier@ficlaw.com

MascB| DBASecaEfMeafx e

Take Advantage of Joining a DBA Section This Year! Get Involved. Contact Kate: kbertke@daybar.org Efficedasec:?rNc March 1 Juvenile Law @ Noon

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Feature

By Jeff Sharkey Esq. & Raika Casey Esq. | Faruki+ PLL | JSharkey@ficlaw.com & RCasey@ficlaw.com

Appellate Court Practice

MANDATES: You Can't Always Get What You Want, But If You Try Sometimes You Just Might Find You Get What You Need. I. WHATISAMANDATE

An appellate mandate is the device by which an appellate court closes an appeal and transfers jurisdiction to the lower court with specific instructions on how to proceed. When an appellate court remands a case to a lower court, it issues a "mandate"—an order directing the lower court to take some specified action. Under App.R. 27 ("the Mandate Rule"): "A court of appeals may remand its final decrees, judgments, or orders, in cases brought before it on appeal, to the court or agency below for specific or general execution thereof, or to the court below for further proceedings therein. A certified copy of the judgment shall constitute the mandate. A stay of execution of the judgment mandate pending appeal may be granted upon motion, and a bond or other security may be required as a condition to the grant or continuance of the stay." An appellate mandate works in two ways: it vests the lower court on remand with jurisdiction and it gives the lower court on remand the authority to render judgment consistent 10

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with the appellate court's judgment. Under the Mandate Rule, a lower court must "carry the mandate of the upper court into execution and not consider the questions which the mandate laid at rest." State v. Carlisle, 8th Dist. Cuyahoga No. 93266, 2010-Ohio-3407, ¶ 16; see also State v. Durbin, 2006-Ohio5125, ¶ 42 (2d. Dist. App.)

II. ATRIALOUC IS TR LIMITEDYB OPE SC OFTHEMANDATEOFTHE APPELLATE COURT

The action of the court of appeals in reversing the case and remanding the case to the lower court for further proceedings has the effect of reinstating the case to the court of common pleas in status quo ante; the case is reinstated on the docket of the court below in precisely the same condition that obtained before the action that resulted in the appeal and reversal. The authority of the trial court in a remanded case is limited by both the scope of the mandate of the appellate court, and the scope of the authority bestowed upon the trial

court by law. The authority exercised under the first may not exceed that bestowed by the second, nor may the authority under the second exceed that under the first. Initially, it is up to the lower court to determine the scope of the mandate, and the parties may want, or be asked, to present their views on what the lower court may consider on remand. The ultimate determination, however, belongs to the appellate court—the court that issued the mandate.

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A mandate is not a mere suggestion or request, it is a command or order which the issuing court has authority to give, and the receiving court is bound to obey. L.G. Harris Family Ltd. P'ship I v. 905 S. Main St. Englewood, LLC, 2016-Ohio-7242 (2d Dist. App.) When a mandate from a superior to an inferior court is presented, the inferior court has no discretion to obey or refuse, but must proceed in accordance with the mandate.

Even the "mandatory" nature of the mandate rule has exceptions. In certain narrow, extraordinary circumstances, such as where the Ohio Supreme Court issues an intervening decision, the lower court may revisit issues decided on appeal or covered by the mandate. Nolan v. Nolan, 11 Ohio St. 3d 1, 462 N.E.2d 410, 11 Ohio B. 1, 1984 Ohio LEXIS 1089 (1984).

Examples:

 Where an appellate court remanded a matter

for the trial court to consider a father's credit card statement in determining his business expense deduction for his child support obligation, and the trial court failed to do so, but instead allowed the father to present additional evidence which he failed to present at the divorce hearing, such was erroneous and in complete disregard of the appellate court's specific order. Flege v. Flege , 2004-Ohio-1929 (Ct. App.) (Apr. 19, 2004).



Where the appellate court found that the trial court erred in failing to grant a mistrial and remanded for "further proceedings not inconsistent with this decision," the trial court exceeded the mandate of the appellate court when the trial court ordered a hearing on a motion to correct the record. State ex rel. Haukedahl v. Bates, State ex rel. Haukedahl v. Bates , 102 Ohio App. 3d 460, 657 N.E.2d 513 (1995)



On the other hand, the trial court did not exceed the appellate court's mandate in an adverse possession action by conducting a hearing at which it took evidence from a new surveyor and accepted into evidence a new survey map of the encroachment where the appellate court did not direct the court to incorporate a specific survey or direct the court to simply incorporate a survey without holding a hearing, but rather the trial court was given the discretion to proceed in accordance with the appellate court's opinion and the applicable law. Evanich v. Bridge, 170 Ohio App. 3d 653, 2007-Ohio-1349, 868 N.E.2d 747 (9th Dist. Lorain County 2007), judgment aff 'd, 119 Ohio St. 3d 260, 2008-Ohio-3820, 893 N.E.2d 481 (2008).

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A writ of mandamus is appropriate to require a lower court to comply with, and not to proceed contrary to, the mandate of a higher court. The writ will issue to require the lower court to comply with the terms of the mandate, and where the mandate leaves nothing to the judgment or discretion of the court below, and that court mistakes or misconstrues the judgment or decree of the reviewing court and does not give full effect to the mandate, its action may be controlled by writ of mandamus to execute the mandate. However, the writ will not issue if the lower court has not patently and unambiguously disregarded the higher court's mandate.

Q &with A

Marty Gehres Martin "Marty" Gehres was sworn in as the new Dayton Municipal Court Clerk on December 30, 2021. Marty is a Dayton native who received his undergraduate degree in political science from Ohio University and attended law school at the University of Dayton School of Law. Prior to being sworn in, he worked for the law department for the City of Dayton as an Assistant City Attorney. As an Assistant City Attorney, he was involved in drafting legislation to decriminalize marijuana, assisted in the response to the Oregon District shooting, and worked with residents to understand liquor licensing laws. If you have ever enjoyed DORA in the Oregon District or taken a ride downtown on the scooters, then you have experienced first-hand the impact that Marty had on the Dayton community in his role as Assistant City Attorney.

Q. A.

Why did you decide to run for Court Clerk?

I think that my unique perspective on practicing can help to make the Court more accessible, especially to pro se litigants. My family is full of civil servants, so I always knew that I wanted to work in the law. My first job out of college was working for the Dayton Municipal Clerk of Court, and I admire the clerks who work there. I wanted to be able to advocate for their interests.

Q. How is your transition from practice to Court Clerk going?

A. The former Court Clerk, Mark Owens, has been great. With his guidance, his staff (who all stayed on), and the five Dayton Municipal Court Judges, the transition has been seamless. So far, the job is pretty much what I expected. My predecessor taught me a lot before taking over, and I have a great staff helping me. I do miss practicing law though.

What are you hoping to accomplish during your term as Court Clerk?

A. Currently, filings made in the Dayton Municipal Court are paper filings – there is no e-filing option available. I want to bring e-filing to the Court. It is my hope that if e-filing is available, then more civil litigants will be able to take advantage of the opportunity to litigate cases in the municipal court. We hope to bring e-filing to the Dayton Municipal Court sooner rather than later. I also want to improve the self-help center, especially as it relates to pro se litigants. Ideally, we would like to have videos and forms available to the public for the "high traffic" filings that we see. We are working to address all of those details. Along the same lines, I want to continue the expungement clinics currently provided by the Clerk's office, but on a larger scale. We want to continue the tradition of educating the community on how to have their convictions expunged, which may be serving as a barrier to employment.

Is there anything you want practitioners to know about the Clerk's office?

A. Be nice to the staff – they have a difficult job as they are typically interacting with people who are a little down on their luck, every day. If you can do something to make their lives easier, then do it. Also, I have an open door if you have any issues. I would be happy to come and talk to some of the Court's frequent filers about what the Clerk's office can do better. By Morgan Napier Esq. Faruki+ PLL mnapier@ficlaw.com MARCH 2022 |

DAYTON Bar Briefs

Getting to know...

The Honorable Judge

Susan D. Solle

Judge Susan D. Solle was elected in November 2020 and sworn in on January 1, 2021 to the Montgomery County Common Pleas General Division bench.

What inspired you to run for your position in the Montgomery County Common Pleas General Division? So many things. But it started back when I was in law school and I clerked in the Montgomery County Common Pleas Court for Judge Sunderland. I absolutely loved it. I then spent three years as a staff attorney in the Court of Appeals. Even though I spent the next 18 years of my career as an advocate, I never lost that desire to find the right answer, rather than advocating for one side or the other

Can you speak a little about what was your experience like running for office? Running for office in 2020 was entirely different than running for office pre-COVID. The majority of my campaigning was conducted from my dining room on Zoom. There were no festivals, parades, community events, church events, etc., to attend because they simply were not happening. It also meant that I could not get out and meet and talk to voters which made the whole experience much more difficult. Thankfully I had a great team of family and friends who supported me through it all. I wouldn’t have been able to do it without them. 12

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By Sarita Simon, CASA Staff Attorney Montgomery County Juvenile Court SSimon@mcjcohio.org

How have you transitioned from being a trial attorney for 18 years to being a judge? The transition was very smooth, mostly because of the assistance of the other judges and staff here at the courthouse, particularly my own amazing staff. Everyone has been welcoming and so helpful in making sure I had the tools I need to succeed. I feel like this is the job I have always been meant to do. How would you describe your style in the courtroom? I am a pretty laid back and patient person and I believe I bring that personality to the bench. Our job as judges and the issues we deal with every day are very serious, so the occasional levity is welcome, when appropriate. I try to allow counsel and parties the time they need to make all the arguments they want to, one at a time (this is key), before making any rulings. I am also collaborative, and try to work with attorneys and parties to reach the most appropriate resolution to their issues or their case.

As a judge, what are you most passionate about? Helping people. Many of the defendants who appear in our court are charged with low level felonies that are a direct result of either a substance use disorder or mental health issues. They are not bad people, they are people that have either made bad decisions or have found themselves in situations they don’t have the tools to escape. I enjoy working with these individuals, the attorneys, the social workers, and our pretrial and probation departments to find out what services they need to assist them onto a better path.

In general, what advice do you have for lawyers that appear in your court? Show up when you are supposed to, be prepared, and play nice with your fellow attorneys. One of the best things about being a lawyer, and now a judge, in this community is the camaraderie of the bench and bar here (thanks in large part to the DBA!). Because of that, I expect lawyers to be professional and cordial with each other, even in contentious cases. Also, if lawyers have a discovery or other pretrial dispute, feel free to contact our office and we can schedule a call, video conference, or hearing to try to get it resolved, rather than spending time and money on motion practice.

As an active member of the Dayton Bar Association, serving as the current president of the Dayton Bar Foundation and having served as a board member and president of the Dayton Bar Association, what programs and services have you found to be most beneficial for your career development? Being president of the DBA certainly provided me with the opportunity of getting to know many attorneys in the community I may have otherwise never met, which certainly helped with my campaign for judge. Prior to that, and continuing to this day, Inn of Court is a fantastic way to make connections and keep in touch with other attorneys and judges in the community. When you are away from the office, you are most likely doing….? Spending time with my husband, Jeff, my sons, Jacob (27) and Mitchell (21), and friends, reading, or watching the Browns play (no haters, please).

Fun fact you would like to share about yourself? I am a little obsessed with all things Harry Potter.

MARCH 2022 |

DAYTON Bar Briefs

DBA Continuing Legal Education

DBA CLE March 2022 exdT a&,MascB8|NN|GefHs|NEEfcN:||^5|ZEE5

TECH TUESDAY SERIES: Practicing Law in a Digital World Speaker: Stephanie Allen Esq. Managing Attorney, Student Legal Services The Covid-19 pandemic has forced lawyers to learn new ways to adapt. Lawyers have had to transition from paper to digital without much warning or training on how to do so. We will discuss how to operate ethically in a digital world, while also discussing operating a “virtual” law firm. We will discuss new digital platforms available to lawyers who are interested in transitioning to paperless law practice.

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Annual Probate Law Institute: A Great Personal Experience

Sêcaa,TBafE&EEEsSÊfxEsLCNBNaaEfa,BafE SêaEesx:CBas,exPxesExgN Wood, Herron & Evans, Cincinnati;FsafE,afMa,e5dExgN Reminger Co., LPA, Cleveland;MaaxsaeBHaax, e Summit County Probate Court; Joseph Doty Esq.Attorney at Law, Seville, OH afdTBeHEfEsab,eDa·adDNBsaffEf&MaaxsaexafdaffS , Montgomery County Probate Court This dynamic program for all attorneys will cover: Transfer of IP, NFTs, NILs, ©s In and Out of Probate; Avoiding the Quicksand in Probate: Ethics and Professionalism; Probate Case Law Update; Determinations of Heirship and Division of Intestate Estates: There’s More To It Than You Think; and Montgomery County Probate Court “Hour of Power”.

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Friedman & Nemecek Join us in the discussion on the legal impacts of Cryptocurrency, Bitcoin and NFTs on the practice of law, with some of the most sought after criminal defense lawyers in the country.

March Video Replays Wedfexda&,MascB||NN|GefHs|NEEf–N:||^5|ZEE5

In Baseball, Some Steals are Frowned Upon Speaker: Jake Greiner Graydon The Houston Astros wound up in the news when they were discovered using technology to steal signs. But in 2015, the Astros were the victims of a rogue Cardinals’ employee who hacked into the Astros’ scouting database. Join us for a discussion of how the hack came about, its discovery, and the criminal and civil fall out.

DAYTON Bar Briefs |

MARCH 2022

4 Healthy Habits for Lawyers Connection Between Legal 10 The Ma,^sacaceE5^e ,C efceafd AEsfe&We,,cBeaf Ethical Lawyer: 25 The Professionalism Standards for Practicing Law Today Court Update 29 Federal with the Judges

Access the On-Demand DBA CLE library online 24-7, 365!

New programs added daily. Stream from your the location of your choice, home or office. Discounted rates on CLE for Members! Unlimited CLE Members access all On-Demand content for FREE!

On-Demand DBA CLE Featured Programs: Juvenile Law Certification 6.25 General Credits

Practical and Ethical Apsects of Managing Your Law Practice 3.0 General Credits

Intellectual Property for General Closing a Practice and Corporate Practitioners 3.0 General Credits

Oral Argument Advocacy and Navigating Virtual Mediation & Hearings

1.5 Professional Conduct Credits

Enhancing Justice By Reducing Bias

2.0 Professional Conduct Credits

3.0 General Credits

daybar.org/seminarweb | dba cle office direct: (937) 222-2324 MARCH 2022 |

DAYTON Bar Briefs

Feature

Diversity Issues

Diversity Is Not Enough

By Julie Zink Esq. | Professor of Lawyering Skills, University of Dayton School of Law | jzink1@udayton.edu

t is no secret that diversity is lacking in the legal profession. Despite the fact that African Americans make up approximately 13% of the U.S. population, African American associates account for less than 5% of U.S. attorneys and less than 2% of partners. Likewise, Hispanic and Latino individuals make up over 18% of the U.S. population, but account for 5% of U.S. attorneys and 2.5% of partners. We know that diversity leads to better decision-making, which is why clients are pushing law firms to become more diverse. Unfortunately, it is not an easy fix. Simply admitting more students of color and hiring more attorneys of color will not fix the lack of diversity in the legal profession. Once admitted and/or hired, people need to feel a sense of belonging in order to remain and flourish in that environment. As retention and success correlate to one’s sense of belonging, it has long been studied with regard to college students: [S]ense of belonging refers to students’ perceived social support on campus, a feeling or sensation of connectedness, the experience

DAYTON Bar Briefs |

MARCH 2022

of mattering or feeling cared about, accepted, respected, valued by, and important to the group (e.g., campus community) or others on campus (e.g., faculty, peers). When one does not feel a sense of belonging, feelings of marginalization, isolation, and alienation arise. These negative feelings lead to poor work and a desire to depart from that environment. This is not unique to students. The same feelings arise in employment situations when employees do not feel a sense of belonging. Thus, if employers truly want to increase diversity in their organizations, then they must create an environment that fosters belonging. While having a meaningful representation of employees of color can make a positive difference, numbers alone will not suffice. The legal profession must do more. Obviously, micro-aggressions and shaming will not aid belonging. Neither will pressuring attorneys of color to be spokespersons for their races. However, what does belonging actually look like? A sense of belonging begins with accessibility to supervisors who show genuine

interest in their direct reports and their well-being. It also includes providing clear instruction, assistance, and ongoing mentorship. Constructive feedback, as well as recognition of talent and hard work, will combat imposter syndrome. Most of these items are expected in terms of good management; however, they also foster belonging. Inclusion is the key. Rather than expecting attorneys of color to assimilate into the already-existing culture, organizations should create a bigger space where people of a variety of cultures, backgrounds, needs, and preferences feel welcome and included from the moment they walk through the front door. Engaging in authentic dialogue and extending social invitations is one way to demonstrate inclusion. Making sure all voices at the table are heard is another way. Additional indicators of the organization’s inclusivity include statements made on the organization’s website; artwork displayed in the halls; support of multicultural events; and regular diversity and inclusion training. To learn more, I invite you to attend the DBA’s Diversity Day on April 1.

Early Bird Rate & Sponsorship Deadline - March 18th!

2022 DBA Annual Domestic Relations Institute

Judge Wood

Judge Cross

jennifer brogan

Diane DePascale

Judge Epley

Friday, April 8 | 8:00am-4:00pm | 6.0 Hrs | Sinclair Conference Center Speakers:

Montgomery County Court of Common Pleas, Domestic Relations Court: Judge Timothy Wood, Judge Denise Cross and Magistrate Elaine Stoermer Second District Court of Appeals: Judge Christopher Epley Greene County Domestic Relations Court: Judge Cynthia Martin Attorney Panelists: Jennifer Brogan, Bieser Greer & Landis LLP; Diane K. DePascale, J.D., DePascale Law; Mark Edward Stone, Attorney, LLC; Brian Kruse, Kirkland & Sommers, LPA Author "The Military Divorce Handbook": Mark Sullivan, Offices of Mark E. Sullivan, P.A.

Agenda:

8:||a5c?:||a5 Montgomery County Court Update and Recent Updates to Court Procedures Judge Timothy Wood and Judge Denise Cross ?:Na5c?:a5 Appellate Law Update: A Year in Family Law Review Judge Chris Epley ?:a5cN|:Na5 Greene County Court Update Jd&fB eC aaMasaf 18

DAYTON Bar Briefs |

MARCH 2022

N|:|a5cNN:|a5 Guidance and Warn of Hazards For New Attorney Success in Montgomery, Green, Miami and Clark County DR Courts Pafe,axx:JeffafesBsEafRMasEEfe S R and Brian Kruse MEdesaEs:DaafeDePaxca,e N:|^5cN:|^5 Military Divorce, Part I: Dividing the Pension MasE,,aS ·af N:^5c:^5 MaaxsaeE,aafeEe S s5es

Brian Kruse

Mark Stone

Mark Sullivan

:||^5c:||^5 Professional Responsibility: Ethical Violations in Family Law Cases Diane Kappeler DePascale, J.D.

Don't miss this awesome lineup of Judges and Panelists!

DBA Spring CLE

Sponsorship Opportunities Increase the visibility of your organization throughout the Southwest Ohio legal community by sponsoring a DBA CLE!

• 2022 Diversity Day • 2022 Domestic Relations Institute • Many other CLE programs…inquire to sponsor!

Diversity Day | April 1st $700 Premier Sponsor • • • • • •

Verbal sponsorship recognition at program Full page ad within materials Sponsorship recognition, name & logo on event page of DBA website Sponsorship recognition, name & logo in Bar Briefs Sponsorship recognition, name & logo in all promotional emails for program with link to website Table of 8-free registrations

$500 Supreme Sponsor • • • • • •

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Domestic Relations Institute | April 8th $500 Supreme Sponsor • • • • • •

$300 District Sponsor • • • • •

Deadline, March 18, 2022!

The Dayton Bar offers over 350 hours of continuing legal education programming per year attended by more than 2,000 legal professionals. Topics include substantive legal updates in probate, estate planning, real property, family law, and other areas, as well as marketing, technology, professionalism and ethics.

Sponsor Today! Kate Bertke kbertke@daybar.org DBA CLE Office Direct: 937.222.2324 MARCH 2022 |

DAYTON Bar Briefs

Feature

By Serah Siemann Esq. | Siemann Law Office | ssiemann@siemannlaw.com

Juvenile Law

Trauma Informed Village

early everyone is familiar with the old adage “it takes a village.” This concept has never been more relevant than it is today. In the wake of the pandemic, child-welfare professionals are facing an ever-growing number of challenges surrounding their juvenile court cases, such as school staffing issues, juggling virtual and in person court schedules, navigating COVID protocol, oversight of school attendance in hybrid educational settings, and declining therapeutic resources. Attorneys and caseworkers alike are facing the added difficulties of implementing procedures to comply with the new rules and amendments set forth by federal, state and local governments. Some of these expectations are new. Others are revised methods of practice. Many haven’t changed but are now more strictly enforced. Among the most notable of those national changes included the Family First Prevention Services Act (“FFPSA”). The FFPSA was signed into law on February 9, 2018 but not implemented nationally until October 1, 2021. The Act’s intent is to establish preventative models of child welfare services in an effort to reduce the trauma risk to children and families. The specifDAYTON Bar Briefs |

MARCH 2022

ics of the FFPSA are vast and are outside the scope of this article. But the general expectations are to provide a family-centered, trauma-informed, and team-focused approach. Just as the roles of caseworkers, treatment providers, and support agencies are adapting, so must the child welfare attorney. Whether functioning in the role of an attorney or GAL, zealous representation now requires trauma-informed training and team-focused methods.

Trauma-Informed

“Trauma-informed” is a term used frequently used in the juvenile court system. The principles behind this approach include1 (1) Safety; (2) Trustworthiness/transparency; (3)Peer Support; (4) Collaboration and mutuality; (5) Empowerment, voice, and choice; and (6) Cultural, historical, and gender Issues. Applying this to the juvenile court case is meant to allow for successful outcomes while avoiding increased trauma for the participants. Since the beginning of COVID-19, several courts have utilized virtual hearings. Proponents note that an unexpected outcome from virtual appearances is the apparent increase in family involvement with

juvenile court hearings. This begs the question: Does the courtroom represent some unknown traumatic experience with the parents? Might the familiar environment of a client’s home provide the comfort necessary to actively engage in their own case? While there is no empirical evidence to show this is true yet, many attorneys’ observations indicate that reducing the stress of going to a courtroom in-person has allowed for better outcomes. Knowing the history of the participants and recognizing triggers that may prevent their ability to understand and participate in their hearings will ensure more effective representation. This is the exact type of trauma-informed analysis attorneys should be undertaking to provide effective and zealous representation.

Team Focused

Similarly, the concept of team development is not new. Teams are created for virtually every system affecting juvenile clients and their families. Specialty courts, like the Montgomery County Treatment Court and LIFE Court, use teams to create positive SOURCES: SAMHSA’S National Center on Trauma-Informed Care (NCTIC) 1

outcomes and assess options for treatment. Family agencies, caseworkers, and schools use teams to provide support, assessment, management, and oversight. We recognize this paradigm. The attorney and/or GAL has not, historically, been part of any specific team. Instead, they often meet with various teams to gather data without the benefit of a cohesive arrangement. In a team-based approach, the focus becomes less about the separate teams focused on various goals and more about a single team evaluating progress and providing recommendations. Historically, some court appointed cases have simply sat dormant on the attorney’s desk until a hearing nears. Evidence based studies indicate that the integration and involvement of the attorney in the interdisciplinary team early on provided timelier and more successful reunification.2

Moving forward for Attorneys

The child welfare attorney must have a basic understanding of trauma. Where possible, meet with the client in advance of any hearing and review their history of trauma. Attorneys often prepare clients for outcomes. Go further. Provide input regarding the hard questions. Prepare them for the expected testimony by caseworkers. Discuss anticipated reactions. Watch for signs of trauma responses. Determine whether counseling and assessments may be needed early on to assist the clients in their own

representation. Encourage the client to offer their own case plan objectives. Utilize pretrials and motions where possible to notify the court of any potential issues. Productive dialect can be framed to the court while still avoiding the disclosure of harmful information. Attorneys have heighted responsibilities with regards to Qualified Residential Treatment Placement (QRTP) recommendations.3 This acronym is known and understood to the trauma-informed and team-focused attorney. For those yet unfamiliar with the same, obtain the necessary training. Time sensitive reviews provide an opportunity for heightened advocacy. In other placement situations, progress may necessitate a filing for status review, change of custody, or alternate placement. Have a conversation with the team about those options to gauge support and objectives. Collaboration does not require an agreement on every outcome. Rather, be prepared for opposing opinions amongst individuals with different training, background and ethical obligations. Plan for conflict resolution. Recognize that a social worker’s mandated reporter requirements and an attorney’s duty of confidentiality create different duties but, ultimately, similar goals. If the attorney hits barriers in implementing these practices, reach out to other networked colleagues. Child welfare attorneys may be often solo in practice but are not without support. Make

connections, offer information and evaluate changes. Shared experiences can produce more productive discussions. FFPSA is an evidence-based approach to ensure the safety, permanency, and wellbeing of children and their families. It dictates early intervention and use of proven approaches. Funding is being added for preventive services that evidence has shown are successful.4 In your role as an attorney or GAL, you have the responsibility to put into practice trauma-informed and team-focused approaches for the best interest of the children and families you serve. Each and every other team member has similar responsibilities. Elements of this approach may be new, but it is intuitive for those child-welfare professionals seeking positive outcomes. To succeed, the individual must recognize that their role is important, but also that the collective village carries the burden of raising the children. SOURCES: 10. Robbin Pott, The Flint MDT Study: A Description and Evaluation of a Multidisciplinary Team Representing Children in Child Welfare, in Children’s Justice: How to Improve Legal Representation of Children in the Child Welfare System 189, 203-04 Family Justice Initiative 9 https://familyjusticeinitiative.org (Donald N. Duquette ed., 2016). 3 ffpsa-legal-roles.pdf (grandfamilies.org) 4 https://jfs.ohio.gov/ocf/FFPSASafeStrongSupportivePP-January2019.stm 2

HERBERT M. EIKENBARY

Trust

What is The Eikenbary Trust? The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance. Individual loans, are available up to $6,000 at 4% interest, while grants up to $4,000 are also available.

DAYTON Bar Briefs

Column

From the Judge's Desk

The Science of Sentencing

By The Honorable Mary E. Montgomery Montgomery County Common Pleas Court Mary.Montgomery@montcourt.oh.gov

hio Supreme Court Chief Justice Maureen O’Connor and Justice Michael Donnelly are calling for a statewide sentencing database, which they see “as the keystone to criminal justice reform and racial fairness.”1 Chief Justice O’Connor argues that “the establishment and widespread use of databases that are truly useful for the fair and equitable administration of justice…” is lacking and that “a database would create more transparency to our criminal justice system.” 2 For two years, I have been a part of the Supreme Court’s Uniform Sentencing Ad Hoc Committee that created a Uniform Sentencing Entry. The hope is for the Uniform Sentencing Entry to be used by courts across the State of Ohio and thus become “the engine for a statewide data platform… that will provide uniformity in the recording of sentencing information and will establish specific data points, including biographical and demographic information….” 3 The goal is to create a comprehensive database to answer basic questions about adults sentenced for felony offenses, such as what sentence did courts impose for each felony offender? How many people were sentenced to a specific felony offense per year and at what level? What number were placed into diversion programs? How many were placed on court-ordered community control? How many were found not guilty? How often were plea bargains entered into?4 Like all things concerning data compilation, however, there is a concern among judges about how that data will be used.5 Contrary to what most may think, it is the Ohio General Assembly that determines what sentence a judge may give for a particular crime, although the judge has some discretion within any given statutory sentencing range. For anyone familiar with Title 29 of the Revised Code, you know that sentencing for a particular crime is anything but standard. The legislature sets forth the sentencing range for each felony. That part is easy. What comes after is not. The legislature has determined that low level felony 22

DAYTON Bar Briefs |

MARCH 2022

offenders must be given probation and, if they are sentenced, they must only be sentenced to a term of local incarceration. In other words, they may not be sent to the Ohio Department of Rehabilitation and Corrections, but rather may only be jailed locally. Defendants charged with low level drug offenses may apply for, and be granted, Intervention in Lieu of Conviction an unlimited number of times. For still other felony offenses, there is a presumption for probation and not prison. On the flip side, indefinite sentences for felonies of the first and second degree, a thing of the past after 1996, were brought back with the passing of the Reagan Tokes Act. Now, for felonies of the first or second degree, the sentence is the minimum definite sentence set within the statutory range plus one-half of that sentence. For instance, a felony of the second degree is subject to a 2, 3, 4, 5, 6, 7, or 8-year prison sentence. Under Reagan Tokes, if a defendant is sentenced to, say, a prison term of four years, the sentence is actually 4-6 years in prison. The Ohio Department of Rehabilitation and Corrections may, at its discretion and after holding a hearing and making certain specified determinations, hold a defendant in prison longer than the definite sentence of four years, but cannot keep the defendant longer than six years. Is your head spinning yet? The math becomes even more complicated when you add consecutive sentences to the equation or mandatory sentences for firearm specifications that must be served first and consecutive to any felony sentence. SOURCES: Court News Ohio, “Justices Call for Statewide Sentencing Database” July 15, 2020. Id. 3 Court News Ohio, “Striving Toward Justice with Date” August 2020. 4 Id. 5 Gongwer, “Progress Continues on Statewide Sentencing Database” December 27, 2021. 1 2

The DBA Board of Trustees has approved the following for membership:

ATTORNEYS: Adam M. Pitchel Esq.

Jamie L. Anderson Esq.

Joanna W. Gisel Esq.

Stephen R. Jones Esq.

Babb, Anderson, Rowland and Smith LLC

Sebaly Shillito + Dyer, A Legal Professional Association

Stachler Harmon

Kevin McCarthy Esq.

Sharon K. Pruett Esq.

David Caldwell Esq.

Matthew S. Hauer Esq.

City of Vandalia Prosecutor

Pickrel, Schaeffer & Ebeling Co., LPA,

Nicolas L. Davis Esq. Young & Alexander Co., LPA

Adnan Ilyas Esq.

Sebaly Shillito + Dyer, A Legal Professional Association

Freund, Freeze & Arnold, A Legal Professional Association

Stephen R. Miller Esq.

Cynthia Rose Esq. Rose Law Office

Green & Green Lawyers

Attorney at Law

Theodore Finnarn Esq.

Cristy Oakes Esq.

Attorney at Law

LAW STUDENT: Kelsey Dyce

In every sentencing, however, the Court must look at the purposes and principles of sentencing in R.C. 2929.11 and the seriousness and recidivism factors in R.C. 2929.12. Additionally, some charges carrying a presumption for prison and the court must review those factors and determine if that presumption can be overcome and probation granted. So how does a judge determine what sentence to give an individual for their crime? Is a prison term appropriate? If so, for how long? How do we determine if probation is appropriate and, if appropriate, what sanctions should be imposed? Again, we start with the purposes and principles of sentencing and then look at the seriousness and recidivism factors. Was there a sentencing agreement between the parties? What are the wishes of the victim? Is restitution owed? Has this person been compliant with probation in the past? Is the person currently on probation or under post-release control? I can only speak for myself, but I heavily review the pre-sentence investigation report that is prepared by our pre-trial services department. This report not only gives me background on the case, the views of the victim, and the defendant’s previous criminal history, etc., but it also provides to me some insight on this defendant. This report lets me know where and how the defendant grew up, whether they graduated from high school, their employment history, housing situation, mental health history, drug usage, etc. For example, I recently had a defendant who was abandoned by his parents at age two. He grew up in foster care in another state and was emancipated out of foster care at age 18. He has no known relatives and no connection to any former foster family. He suffers from drug addiction and, not surprisingly, reactive attachment disorder. He was living in an abandoned car. He does not have a social security card or State ID because he cannot obtain a copy of either without a birth certificate, which is located in another State. In case you weren’t aware, you cannot

have a job without a State ID. You can’t get a State ID card without a social security card. You can’t get a replacement social security card without a State ID. Are you getting a clear picture of the barriers facing this individual? His offenses before me were low level drug offenses. Prison was not going to solve his problem, even though he’d been previously non-compliant with probation and was declared an absconder for not reporting. He did not have a phone. Had no vehicle for transportation. Any money he did make doing odd jobs was used to support his drug habit. The above scenario is not an uncommon one facing judges today. I could recount dozens more with varying factors that all play in to how an individual is sentenced and whether or not the person is sent to prison or given probation. Solely looking at a database to see how many defendants are sentenced to a term of incarceration vs. probation for any particular crime does not take into account the multi-faceted approach that must be undertaken for each individual. Sentencing is not a one size fits all approach, nor should it be. Part of the goal of sentencing is to make sure this person does not re-offend and to determine the best and most effective avenues to make that happen. While a database is a good starting point for a judge to look to make sure their sentence is in line with others for the same felony, it cannot tell the backstory – the why – of any particular sentence handed down. In some cases, it may be obvious, but not in all. So, while we work toward the creation of this database and the data points it will eventually kick out, keep in mind that judges put a substantial amount of thought and consideration into each sentence given and nothing is an exact science in the matter of human affairs.

MARCH 2022 |

DAYTON Bar Briefs

Local Legal Events

DAYTON Bar Briefs |

MARCH 2022

Feature

Rising Star:

Jonathan L. Sutermeister Esq. WilmerHale

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

on Sutermeister is a Dayton, Ohio native who grew up in the Miami Valley, graduating from Miamisburg High School in 2007. After High School, Jon attended the University of Cincinnati and earned a degree in Liberal Arts. While studying at the University of Cincinnati, Jon was heavily involved in both Student Government and his fraternity, Sigma Chi. One of the extracurriculars Jon was most proud of during his time at the University of Cincinnati was his role as the President of the Arts & Sciences Tribunal, a board consisting of undergraduate students enrolled in the College of Arts & Sciences who represent students on a variety of issues – including the areas of academic and leadership development. Additionally, Jon was the Internal Holdover Senator for the Student Government and ran the First Year Experience program. Jon also regularly volunteered in college. This included service trips to El Salvador and New Orleans, where he assisted with building houses for impoverished families. Jon’s New Orleans trip was part of a partnership with the Brees Dream Foundation (started by former Saints Quarterback, Drew Brees) and Habitat for Humanity, while his El Salvador trip was offered to students through the University of Cincinnati. Through these and other community service projects he participated in, Jon recognized the importance of community service and remains committed to serving his community to this day. Most recently, Jon served as the coach for WilmerHale in the Dayton Battle of the Businesses which Jon said, “benefits the Special Olympics of the Dayton area and is a really cool way of getting involved in the Dayton community.” After college, Jon attended Valparaiso University Law School with an interest in becoming a sports agent and participating in a sports law clinic (Valparaiso law was one of only four law schools in the United States with such a clinic at the time). However, after his second year of Law School, Jon became a visiting student at the University of Cincinnati School of Law. Visiting students are those who are enrolled in an accredited law school but who need to take courses at a separate school for a compelling reason. For Jon, that was the need to be closer to home as a caregiver to his mother, who battles Multiple Sclerosis. Additionally, Jon knew he wanted to begin his professional career closer to home. Ultimately, he graduated from Val-

paraiso University Law School in 2016. After graduating law school, Jon worked as an Associate at the boutique law firm Wagner Law, located in Mason, Ohio. Jon’s practice primarily consisted of estate planning (which he particularly liked), real estate, probate, and (occasionally) criminal law. While he enjoyed his tenure at Wagner Law, Jon was looking for a more consistent and defined practice. Therefore, when an opportunity to join WilmerHale arose, Jon jumped at the chance and has been working as a Discovery Attorney since 2017. Jon’s day-to-day responsibilities consist of assisting in the discovery phase of litigation. “That could be anything from doing e-discovery, privilege logging, interview prep for depositions, or anything else that the client might need.” And while Jon occasionally misses representing individual clients, “the work at WilmerHale is intriguing because most of the clients are fortune 100 companies.” In his free time, Jon enjoys working out, golfing (he has dropped his handicap from a 28 to a 14 over the past 18 months!), home improvement projects (including new landscaping this Spring), and spending time with his beloved dog, Gerald, a Rhodesian Ridgeback / Lab mix. Jon also loves to travel. Prior to the Covid-19 Pandemic, his work at WilmerHale took him to Zurich, Switzerland. “Zurich is my favorite city that I’ve traveled to. The Swiss people are really down to earth and enjoyable to be around. The mountains are a sight to behold and so is the city,” Jon said. His goal is now to try and travel to at least one new destination a year. This year, he travelled to Phoenix, Arizona for a golf trip, and will also be visiting Clearwater, Florida, Seattle (to hike Mt. Olympia), and Barcelona, Spain! When I asked Jon what he has learned in his first five years of practice, his biggest takeaways were that no day is ever the same and, more importantly, that as lawyers we should not be afraid to try new things and get outside of our comfort zone. “I think complacency is a disease and I’m constantly looking to challenge myself both personally and professionally.” He also recognized the importance of constantly assessing and evaluating priorities, something all lawyers can benefit from. Jon’s career is off to a great start, and he will continue to be an asset to the legal profession and the Dayton community at large.

ball

Jon & friends at Springboro foot golf outing at Heatherwoode

Jon & with his dog, Gerald

Hitting the course at sun set, Las Vegas, NV

MARCH 2022 |

DAYTON Bar Briefs

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• Advocates for Basic Legal Equality (ABLE) • Catholic Social Services of the Miami Valley • Greater Dayton Volunteer Lawyers Project (GDVLP) • Law & Leadership Institute • Legal Aid of Western Ohio (LAWO) • Life Essentials Guardianship Program • Miami University Pre-Law Center • Wills for Heroes A,,afxasee,aab,eEs f cBasaab,edecaEfxEf&Esfedsa,afcE5ea»sesf&E af ae5a˜edecaEfxN = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = =

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Law Related Organizations

MARCH 2022 |

DAYTON Bar Briefs

Law Related Organizations

Greater Dayton Volunteer Lawyers Project

Welcome, Summer! A hkey priority for GDVLP over the last year

(or more) has been the successful transition of the Executive Director position upon Kelly Henrici’s retirement. Over her tenure as ED, Kelly represented the heart and soul of the Greater Dayton legal community. Through Kelly’s leadership, during some of the most challenging times in our history including devastating tornadoes, a mass shooting and the pandemic, GDVLP remains financially strong with new programs and healthy relationships with the courts and organizations the that enable attorneys and legal professionals to serve the changing legal needs of the underserved. GDVLP remains a model in Ohio and the nation for its delivery of pro bono services. On behalf of the GDVLP Board of Directors, we are grateful for her exceptional service and wish her the best as she embarks on her retirement. I am grateful to the members of the Search Committee who volunteered their time to guide GDVLP through its pursuit of its next Executive Director: Jane Novick, immediate Past President GDVLP, Tony Colussi, Treasurer GDVLP, Jan Lepore-Jentleson of East End Community Services, Kermit Lowery, LexisNexis (retired), Marcey McDonald of CareSource, and Erin Rhinehart of Faruki+. Both the Committee and the entire GDVLP Board unanimously recommended and supported Summer Hawks as the next Executive Director of GDLVP. I am delighted to introduce Summer, an attorney from the Dayton area with a passion for service demonstrated through her many years of volunteerism to GDVLP and other organizations. We are delighted to have Summer lead GDVLP through its next phase and are confident that Summer will continue to build on Kelly’s legacy. Please join me in welcoming Summer Hawks to GDVLP!

~Lynn Reynolds

DAYTON Bar Briefs |

MARCH 2022

Hello! I am so excited to take this opportunity to introduce myself to the Dayton legal

community. My name is Summer Hawks, and I am honored to serve as the next Executive Director of the Greater Dayton Volunteer Lawyers Project. I cannot even begin to express my joy at being selected to lead this amazing organization and to work with the hundreds of volunteers who give so much of themselves to help our community achieve greater access to justice. I have long had a passion for volunteerism, community service, and pro bono legal representation. In fact, I believe volunteering is a secret recipe for personal happiness. Social media is full of instructions for “life hacks.” I believe service to others is one of the best ways to bring personal fulfillment into your own life - a “life hack” for joy and purpose, and a lesson I would love to help teach to my community. Awards and accolades cannot compete with the gratification of seeing your hard work ease someone’s burdens or lessen injustices. As for my personal history, I’ve had the opportunity to work with many local lawyers over the past 15 years -- five years working at LexisNexis and ten with WilmerHale. While at WilmerHale, I helped establish the firm’s Legal Resource Center, in partnership with GDVLP, providing support for pro se applicants in family law matters and criminal record sealing. Helping people get back on their feet, and gain access to employment, housing, and other civil benefits was such a rewarding experience for me and our volunteers, I knew I needed to follow my passion and to find a way to do that full time. I have also spent much of the last decade fighting to help children overcome the obstacles of poverty in the Kettering community through my service on the Board of the Kettering Backpack Program (KBI) and the Kettering Clean Care program (KCC). I am so very lucky to be following Kelly Henrici as the ED of GDVLP. Her intelligence, professionalism, compassion, and skill at leading the GDVLP make for very big shoes to fill. I am incredibly grateful for her mentorship and patience as I attempt to pick up her mantle. I will strive daily to make her and all of you proud of the work done by myself and the exceptional staff and volunteers at the GDVLP to assist the most vulnerable members of our society. I look forward to meeting you all in person in the coming months! Please reach out if you’d like additional information on me, the GDVLP, or other ways you can give back to our local community.

Law Related Organizations

University of Dayton School of Law

MARCH 2022 |

DAYTON Bar Briefs

DBA Members on the Move & Classified Ads

Karen Bradley

Barbara Doseck

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The Dayton Bar Foundation is pleased to announce 2 new additions to their Board of Trustees. Karen Bradley Esq., Bradley and Associates and Barbara Doseck, City of Dayton Law Department were recently appointed to the position of Member-at-Large.

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Bieser, Greer & Landis is proud to announce that 2 of its attorneys, p and E,a˜abeB DN Wa,fEf, advanced to Partner on January 1, 2022, its 168th year as a Law Firm. Ma was admitted to the Ohio Bar in 2012. He joined Bieser, Greer in 2016. He has a litigation practice with a focus on White Collar Crime, Criminal Defense and Business Disputes. Matt also volunteers his time as a Member of the Board of Directors of YMCA Camp Kern. La˜ was admitted to the Ohio Bar in 2011. She has also been admitted to the Bars of Kentucky (2012), West Virginia (2012) and Michigan (2015). She joined Bieser, Greer in 2018. Liz has a litigation practice with a focus on Medical Malpractice Defense. She has the honor of being named a “Rising Star” in that specialty by Super Lawyers. MaBe MN e,,eS fsE

DBAC7amm"'dAdm LOCAL COURT RULES

Dayton Municipal Court has proposed changes to the Local Court Rules. Please visit Dayton Municipal Court: daytonmunicipalcourt.org for notice of and an opportunity to view and comment on proposed local court rules.

MEDIATION/ARBITRATION Dennis J. Langer Retired Common Pleas Judge (937) 367-4776 LangerMediation.com

Thompson Hine LLP has elected six new partners, effective January 1, 2022. The new partners, located across four of the firm’s offices, represent a broad range of practice areas, including Business Litigation, Environmental, International Trade, Labor & Employment and Transportation. New Partner in the Dayton office is: Sean P. McCEs5acE, a member of the Business Litigation practice in Dayton. His practice focuses on insurance and coverage-related disputes with an emphasis on insurance policy interpretation, dispute resolution and coverage litigation. McCormick advocates for policyholders in state and federal courts nationwide in policy construction and insurance coverage lawsuits. He also represents business clients in a wide range of other matters, including complex commercial contract disputes. He received his J.D., cum laude, from the University of Dayton School of Law and his B.A. from Centre College.

DAYTON Bar Briefs |

MARCH 2022

Members on the Move Guidelines:

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

• Advertisements are accepted September through May. • The DBA Editorial Board reserves the right to refuse any ad. MEDIATION/ARBITRATION

William H. Wolff Jr., LLC Retired Trial and Appellate Judge (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 nadn.org/jeffrey-hazlett

DISPLAYADINDEX: Daily Court Reporter.........................9 eikenbary trust....................................21 Ferneding Insurance..........................16 LCNB Bank....................................................13 NFP/Rogers McNay...............................29 OBLIC.........................................back cover R.L. Emmons & Associates.................9

MARCH 2022 |

DAYTON Bar Briefs

109 N. Main St., Suite 600 Dayton, OH 45402–1129 ADDRESS SERVICE REQUESTED

March 2022 Dayton Bar Briefs Magazine

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March 2022 DBA CLE Calendar & On-Demand CLE