October 2021 Dayton Bar Briefs Magazine

October 2021 The Off icial Magazine of the DBA

29th Annual DBA Bench Bar Conference

November 5, 2021 | Sinclair Community College

Justice on the Brink & The Rule of Law

president'S MESSAGE Lincoln-Looking Over Our Shoulders pg 4

diversity issues

from the judge's desk

Eliminating Bias in the Legal Profession

Let's All Pitch In!

pg 8

pg 20

BarBriefs DBA Board of Trustees 202120 - 2

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Contents 4

Lincoln-Looking Over Our Shoulders

20

Let's All Pitch In! How to Become More Active in Leading the DBA

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

PRESIDENT'S MESSAGE

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Second Vice President

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By The Honorable Mary L. Wisesman | Montgomery County Common Pleas Court

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Treasurer

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Features:

Secretary

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)lLT%c%*L|l Member–at–Large

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By Morgan Napier Esq. | Faruki + PLL

BARRISTER OF THE MONTH

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Member–at–Large

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Member–at–Large

Eliminating Bias in the Legal Profession

By Myla Cardona-Jones Esq. | Sinclair Community College

DIVERSITY ISSUES

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Immediate Past President

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Bar Counsel

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Columns:

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By Daniel Gentry Esq. | Coolidge Wall Co., LPA

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FEDERAL PRACTICE

JUVENILE LAW

By Jane Novick Esq. & Sarita Simon Esq. | Montgomery County Juvenile Court

Departments:

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2021 DBA CLE Fall/Winter CLE Planning Guide 29thABB}a7BBcBaiCKBiBcKRBKvSea4iL"BdaGiBBK}M

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October Section Meeting Schedule

Also Inside:

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By Susan Newhart Elliott, Professor & Director of Zimmerman Law Library | UDSL

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LAW RELATED ORGANIZATIONS

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DAYTON Bar Briefs |

SUMMER 2021

pg 22

CLASSIFIED ADS ADVERTISER INDEX MEMBERS ON THE MOVE

pg 23 pg 25 pg 26 pg 24

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2021-2022

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Column

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DAYTON Bar Briefs |

October 2021

President's Message:

Lincoln Looking Over Our Shoulders

W

hen I was elected President of the Dayton Bar Association, I was thrilled, thrilled to help our association provide services and opportunities to our members, and thrilled to be a representative of our bar association to the Dayton community.

When I was then asked to be in a photo shoot to promote my presidency of the DBA, I thought about it, and decided that I wanted the DBA to incorporate our history and to connect our efforts to the efforts of our past great leaders.

So, I asked that the promo photo be taken at the old courthouse, with the statue of Abraham Lincoln behind me, to make it appear that he was looking over my shoulder.

In my mind, this would be a reminder that Abraham Lincoln is looking over the shoulders of me, and really looking over the shoulders of all of us, as the Dayton Bar Association continues to serve our members and our community.

I would like to remind myself and all of you that we should look at Abraham Lincoln as a fellow member of our noble profession. We should be inspired to live our lives by pursuing the principles for which President Lincoln stood for, and by especially keeping in mind that he lived his life in his time, not in our time.

This statue of Abraham Lincoln at the old courthouse was a gift of the Lincoln Society of Dayton. It memorializes Lincoln’s speech given at that same courthouse on September 17, 1859. Lincoln had come to Dayton to campaign against his old debate nemesis, Illinois State Senator Stephen A. Douglas, who was then in Ohio hinting at a presidential run. During his day-long visit to Dayton, Lincoln stayed at the Phillips Hotel, then located at the southwest corner of 3rd & Main Streets where he was welcomed by Lewis Gunckel, the son-in-law of Valentine Winters and the

founder of the Coolidge Wall firm.

The plaque on the Lincoln statue proclaims: “Lincoln Takes a Stand.” That should be an inspiration for all of us. As we know, Abraham Lincoln was one of our greatest presidents. He is remembered for his integrity and his strong principles; yet he was willing to compromise his position as long has he would not have to compromise his principles.

As Doris Goodwin Kearns said of him in her famous book, Team of Rivals:

His personal qualities enabled him to form friendships with men who had previously opposed him; to repair injured feelings that, left untended, might have escalated into permanent hostility; to assume responsibility for the failures of subordinates, to share credit with ease, and to learn from mistakes.”

We can learn a lot from those principles as we strive to honor them in our own careers.

In the immediate future we will have a great opportunity to take from, and identify with, Lincoln’s experiences as a trial lawyer. On October 28, 2021, at Sinclair Community College Judge Dennis Langer, a long-time expert on Abraham Lincoln, is presenting a CLE program on “Lincoln and the Law.” I encourage you to attend.

By Merle Wilberding Esq. Coolidge Wall Co., LPA Wilberding@coollaw.com When I posed for this photograph in front of Abraham Lincoln, I was thinking of myself as a representative of all of us as members of the Dayton Bar Association. So, I believe we would well-served if we all can take a stand like Lincoln, live the ideals we have been taught, and live the ideals we have been preaching.

Remember, Abraham Lincoln is looking over our shoulders.

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OCTOBER 2021 |

DAYTON Bar Briefs

5

Feature

Barrister of the Month

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Faruki+ PLL

I

f you are looking for an attorney whose zest for the practice of law remains alive and thriving after twenty-five years of practice, look no further than this month's Barrister of the Month, Jeff Sharkey.

After graduating from the University of Dayton with a BS in economics, Jeff considered further pursuing his interest in business by obtaining an MBA. However, after speaking to his sister Lisa, who was preparing to attend law school at that time, he decided that law school may be more interesting. Jeff went on to graduate summa cum laude from THE Ohio State University, where he fell in love with the Buckeyes.

After law school, he accepted a position as a judicial clerk for Judge Thomas Meskill of the United States Court of Appeals for the Second Circuit.

He spent his clerkship living and working in Connecticut and commuting to Manhattan for oral arguments, where he recalls one hot-headed judge who enjoyed berating just about any attorney before him, even before they opened their mouth. After a year with Judge Meskill, Jeff settled in at Faruki Gillam & Ireland (now Faruki PLL), where he has practiced ever since.

Throughout his tenure, Jeff has had substantial experience in a few different practice areas, the most notable of which is in the public utility arena. Jeff has represented AES Ohio (formerly The Dayton Power & Light Company) in a variety of utility cases before the Public Utilities Commission of Ohio ("PUCO") and appeals before the Supreme Court of Ohio. His interest in public utility law extends beyond PUCO proceedings – he once represented Miami Valley Lighting in a matter in which the City of Englewood was attempting to exercise its eminent domain powers to take the company's streetlights. He successfully argued that the streetlights were not "public utilities" and that the city had no right to them.

Jeff has also obtained a great deal of success in representing clients in class actions. Most recently, Jeff played an instrumental role in successfully opposing a motion for class certification on behalf of Faruki's client, Premier Health, against a putative class of plaintiffs regarding disputed billing issues. Before that, he represented a group of independent internet publishers in obtaining a settlement against Scout.com, an online publication where publishers provide content on college football. He recalls the excitement of the class members when they were told how much they would receive as a result of a successfully negotiated settlement.

One of the reasons that Jeff enjoys the practice of law is that he is exposed to a variety of clients and practice areas. His defense of a Chicago-based law firm in a legal malpractice action brought by a litigation trust that benefited former employees of a large corporation is just one example of the breadth of his practice. In another example, in an intellectual property case, Jeff was successful in opposing a motion for a preliminary injunction, and actually obtained such an injunction in favor of the defendant regarding ownership of the intellectual property at issue in the case, leading to an early settlement.

Jeff most enjoys the critical thinking and problem-solving aspects of practicing law – two skills he exercises each day. Strategy development and execution are points of emphasis for Jeff 's practice. As a litigator, there are several vehicles available to win a case; Jeff is relentless in analyz

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DAYTON Bar Briefs |

OCTOBER 2021

ing the facts and law to best construct winning strategies and to provide clients with the best range of options for successfully concluding cases.

Jeff also attributes his successful practice to his background in economics. Because of his finance and accounting background, Jeff flourishes in cases that hinge on economic analysis and understanding complex financial damages issues. This background has been an invaluable asset to his clients and sets him apart from his colleagues.

Of course, Jeff 's interests certainly extend beyond his law practice. He is an avid Buckeye fan and three-time champion of his family's fantasy football team. When he is not tuning into a sporting event, he enjoys exercising, riding his Peloton, and running. In his late forty's, Jeff ran a half-marathon and obtained his personal best time of one hour and fifty-one minutes.

In addition to beating cancer in recent years, Jeff considers one of his greatest personal victories to be maintaining a successful marriage and raising two children, who are both in college now and of whom he is quite proud.

We congratulate Jeff on his first 25 years of practice and look forward to seeing the success he enjoys in the next phase of his career.

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

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Feature

By Myla C. Cardona-Jones, Professor & Project Coordinator | Sinclair Communiyu College | myla.cardona-jones@sinclair.edu

Diversity Issues

Eliminating Bias in the Legal Profession

W

hile months may have passed since we last gathered together as a community to enjoy friendship and fellowship with our colleagues in the Bar, we now see opportunities to assemble to renew acquaintances and forge new relationships. To provide opportunities for DBA members to reconnect with peers, numerous events have been scheduled for the upcoming Bar year by the Public Service & Congeniality Section.

From a legal standpoint, once we hold a particular view or hypothesis, we are more likely to search for, acknowledge, give credence to, and remember information that confirms it, regardless of whether that information is true.

This phenomenon, known as confirmation bias1, may be one of the most dangerous cognitive biases affecting decision-making in a judicial context.

As a form of motivated cognition, it affects all levels of belief formation and behavior. If we dislike somebody, we give disproportionate weight to any evidence that they may be unpleasant, ignore evidence to the contrary, and interpret ambiguous evidence in our favor. At a wider level, we choose the friends, read the websites, and support the political parties we expect to confirm our existing views of the world.2 The implications of this bias for the judicial system are multiple. Trials, for example, are frequently long and complex, and studies have shown that members of the jury often form their decisions early and interpret subsequent evidence in a way that supports their premature conclusions. This process leads to a polarization of attitudes among jurors, as each member of the jury becomes more and more entrenched in their position as the trial develops.

Of course, all lawyers arguably ‘exploit’ confirmation bias to some extent, as to build a case is to argue that the evidence at hand supports the conclusion dictated by the client.3 However, there is a clear difference between evaluating all evidence impartially in order to build a case consciously and using selected evidence to justify a conclusion already drawn. Being able to 8

DAYTON Bar Briefs |

OCTOBER 2021

objectively assess a situation is critically important to the practice of law.

Engaging in case-building via confirmation bias without being aware of doing so may lead to overconfidence in the strength of the resulting case.

The most effective strategy is to develop a mind-habit of always ‘thinking the opposite.’ Always consider the possibility that you might be drastically wrong, actively search for evidence that this might be the case, consider how new evidence could challenge as well as strengthen your beliefs, and be discerning about the information you choose to process.

When individuals engage in low-effort information processing, they rely on stereotypes and produce more stereotype-consistent judgments than when engaged in more deliberative, effortful processing. This is not in any way to question anyone’s intelligence. It is actually a way of highlighting that even as well-educated as lawyers are, we are all guilty of this too.

So, we want to work hard at this and do whatever we can to not think in this way. Because, when we do, we tend to develop inferences or expectations about a person early in the information-gathering process.

ENDNOTES: 1 Confirmation bias is a type of cognitive bias that involves favoring information that confirms your previously existing beliefs or biases. https://www.verywellmind.com/what-isa-confirmation-bias-2795024 2 See Fake news or real? or how to become media savvy: Confirmation bias. https:// bethelks.libguides.com/c.php?g=591268&p=4194631 3 See Blog: “Confirmation Bias: The Sometimes Helpful but Often Dangerous Cognitive Bias”.

These expectations then guide subsequent information processing; attention and subsequent recall are biased in favor of stereotype-confirming evidence and produce biased judgment. Expectations can also affect social interaction between the decision maker (e.g., judge) and the stereotyped target (e.g., defendant), causing the decision maker to behave in ways that inadvertently elicit stereotype-confirming behavior from the other person.4 Inclusion utilizes differences to benefit employees, accomplish organizational goals, and to better serve the public. Inclusion helps an organization achieve its goals by drawing on many perspectives, ideas, talents, and solutions.

Lawyers are susceptible to unconscious biases that interfere with inclusion efforts.5 We are inclined to act autonomously rather than collaboratively, believe that denying differences is good, and that making mistakes is bad. In your law firm, who gets preferential treatment because of the evaluation standards used or the way in which opportunities are assigned?

The hope is that through more discussions like these, no one. The hope is that we will learn to eliminate our old ways of thinking and be the change that we want to see. Each of us plays an active role in this effort and it would be important to take the knowledge that we have about this issue and use it to empower others to begin to think differently as well.

Confirmation bias is not the sole reason for mistakes. However, confirmation bias is real, and it can play a significant part in how we evaluate, examine, and argue cases.6 We must constantly remind ourselves that biases exist and aggressively seek out data contrary to our beliefs. Because this is not a natural thought process, the average person will always have bias. It is the responsibility of lawyers to remain objective, seek quality training, and above all, to keep their integrity.

HERBERT M. EIKENBARY

Trust

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

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

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

ENDNOTES: 4 “How Subtle Bias Infects the Law”. https://www. annualreviews.org/doi/10.1146/annurev-lawsocsci-101518-042602 5 Podcast: How can lawyers fight implicit bias? (podcast with transcript) http://www.abajournal.com/news/article/ podcast_monthly_episode_83 6 See video: Confirmation Bias Ethics Defined. https:// ethicsunwrapped.utexas.edu/glossary/confirmation-bias

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DAYTON Bar Briefs

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Linda Greenhouse: “Just a Journalist”

By Susan Newhart Elliott, Professor & Director of Zimmerman Law Library | University of Dayton School of Law | selliott1@udayton.edu

T

he keynote speaker for the 2021 DBA Bench Bar Conference (November 5 at Sinclair) will be Yale Law School Senior Research Scholar and Clinical Lecturer in Law Linda Greenhouse, who describes herself as “just a journalist.”

Greenhouse was a reporter for the New York Times from 1968 to 2008. Her many awards and honors include the 1998 Pulitzer Prize in Beat Reporting, “for her consistently illuminating coverage of the United States Supreme Court.” Since 2008, she has written a biweekly op-ed column on law as a contributing columnist to the Times.

She has also authored and co-authored numerous articles and books, the most recent of which, Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court (Random House) will come out on November 9. This work provides the theme for the Bench Bar Conference keynote address.

Greenhouse’s 2008 decision to retire as a Times reporter and continue as a contributing columnist coincided with the enormous changes in journalism wrought by the Internet. By 2008, Supreme Court opinions were expected to be filed for the Times web site within minutes after being issued. Time pressures ended the shared lunches where colleagues dissected the cases and talked about the Court. The Court itself began to post argument transcripts, briefs, and other material online. Daily journalism was not rendered obsolete, but the added value was no longer in simply reporting the latest occurrences, which anyone could find online.

The added value of journalism was in provid10

DAYTON Bar Briefs |

OCTOBER 2021

ing context, addressing the questions of why, what was omitted, what might happen next.

The contributing columnist position offered Greenhouse more time for her work (including for new projects and audiences), and the “op-ed” label would permit expression of personal opinions – an increasingly difficult issue in “straight” reporting.

Greenhouse’s experiences in and reflections about journalism are chronicled in her 2015 autobiographical work, Just a Journalist: On the Press, Life, and the Spaces Between (Harvard University Press). Most of Greenhouse’s work focuses on Supreme Court analysis. This book is personal. Part 1 explores the relationship between journalist and citizen, “question[ing] whether prevailing norms fix too rigid a boundary between the two roles.” Greenhouse recounts the public criticism for her activities (e.g. participation in a march) and remarks (e.g. in accepting an alumnae award at Radcliffe), all indisputably offered in her capacity as a private individual, not as a reporter. She quotes Leonard Downie (former managing editor of the Washington Post) for a prevailing view of journalistic ethics: “I didn’t just stop voting.

I stopped having even private opinions about politicians or issues so that I would have a completely open mind in supervising our coverage.” Greenhouse argues that it simply cannot be that “the highest and best use of a

journalist’s mind is to erase from it all judgment on, or even all response to, the times in which he lives.”

Part 2 examines the tensions between the journalist’s obligation to be objective, the traditional approaches to ensuring “fair and balanced” coverage, and the reality that the approaches and sense of obligation can distort the truth and destroy the real understanding that is critical to meaningful public debate. Greenhouse argues that, especially in the age of the Internet, the desire to pres-

Register now to hear Linda speak on Nov 5!

29th Annual DBA Bench Bar Conference

ent both sides of a story too often produces a “he-said-she-said” frame with quotes from “experts” that may range from benign lobbying to factual untruths. Quotes presented without context or correction can provide credibility to positions that are utterly false.

Similarly, journalists wishing to avoid the appearance of personal bias use distancing techniques that are actually misleading, cautiously describing fact as if it were merely one opinion. Greenhouse looks to Felix Frankfurter: “The responsibility of those in power is not to reflect inflamed public feeling but to help form its understanding.”

Part 3 recounts Greenhouse’s own career in journalism and provides a fascinating history of journalistic practice in the late 20th and early 21st centuries, beginning with her days as writer and editor of her high school newspaper, her time as the only woman in her Radcliffe class to be elected to The Harvard Crimson, and her one-year internship and subsequent employment with the New York Times – after such newspapers as the Boston Herald and the Boston Globe politely declined to interview the Phi Beta Kappa Radcliffe graduate for their all-male reporting staffs.

Most Times reporters covering the Supreme Court have had law degrees, and Greenhouse did not expect to join them.

However, after 4 years of covering New York

state politics, she was unexpectedly offered a Ford Foundation Fellowship. The program invited a small group of journalists to join the first-year class at Yale Law School, taking basic courses and electives with the goal of receiving a master’s degree at the end of the year. In spring 1978, Greenhouse was assigned to the Times Washington Bureau.

When she arrived, however, the Times had suspended operations because of a printers’ union strike. Greenhouse attended court every day on her own time, reading documents and becoming acclimated to Supreme Court practice and procedures. She concluded that as a law student she had learned very little about the Court “beneath the level of high theory.” When the strike ended, she began in earnest what would become a 30-year stint reporting on the Supreme Court for the New York Times.

Greenhouse’s convictions about the importance of understanding Supreme Court practice and procedures never diminished.

Those convictions would later result in her initiating a popular course at Yale Law School on The Institutional Supreme Court and in her book The U.S. Supreme Court: A Very Short Introduction (Oxford University Press 2012, 2nd ed. 2020), a must-read for aspiring law students. Those convictions have also influenced her analytical works on the Supreme Court, including The Burger Court

and the Rise of the Judicial Right (co-authored with Michael Graetz, Simon &Schuster 2016) and the wonderful Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey (Times Books 2005).

The title of the latter is intentional and instructive. This is not a comprehensive biography of Harry Blackmun (perhaps best known as the author of the majority opinion in Roe v. Wade). It is the revealing history of Blackmun’s evolutionary path to the Justice he would become. It addresses the whys, the paths not taken, and the “what-nexts” of his relationships with law, legal theory, particular cases (especially Roe), the public, fellow justices, and Supreme Court practice – not unlike Greenhouse’s autobiographical Just a Journalist.

All in all, however, it must be noted – as it was by Kitty Kelly in reviewing Just a Journalist (Washington Independent Review of Books 2019) – Linda Greenhouse is “just a journalist,” only in the same sense that “Secretariat is just a horse.”

OCTOBER 2021 |

DAYTON Bar Briefs

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2021 DBA Fall/Winter CLE Planning DBA CLE Planning Guide

Fall 2021 OCTOBER

Virtual Webinar

The Do’s and Don’ts of Managing a Law Office October 12th | 1.0 NLT Hr Virtual Webinar

A View from the Bench: U.S. District Court, Southern District of Ohio Court Update October 14th | 1.5 Gen Hrs In-Person @ DBA

Appellate Court Appointed Counsel October 15th | 3.0 Gen Hrs Virtual Webinar

Pro Bono Service Amid the Pandemic October 19th | 1.0 Gen Hr

In-Person @ Judge Wiseman's Court

Technology in the Courtroom Today October 20th | 1.5 PC Hrs

In-Person @ Sinclair College

Domestic Relations Seminar: Compassion Fatigue for Lawyers and a Domestic Relations Update October 22nd | 2.75 CLE Hrs 1.50 PC Hrs + 1.25 Gen Hrs Virtual Webinar

The Do’s and Don’ts of Managing a Law Office October 26th | 1.0 NLT Hr

In-Person @ Sinclair College

Lincoln and the Law

October 28th | 1.5 Gen Hrs

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DAYTON Bar Briefs |

OCTOBER 2021

Technology in the Courtroom Today Wed. October 20 | 11:30am-1:00pm | 1.5 PC Hrs Montgomery Cty Common Pleas Ct Room 8 Speaker: Hon. Mary Wiseman, Montgomery Cty Common Pleas Ct Technology is ever evolving, and if leveraged by lawyers can enhance their abilities to practice law. This seminar will explore technology available in the courtroom to help lawyers make their case effective. Hon. Mary Wiseman will provide an interactive overview of technology available in the courtroom for lawyers and discuss new technological opportunities in remote proceedings. Hon. Mary Wiseman will provide helpful insight from a judge’s perspective on how technology can help lawyers advocate for their clients in the courtroom.

Compassion Fatigue for Lawyers and a Domestic Relations Court Update Fri. October 22 | 8:30am-11:30am | 2.75 CLE Hrs Sinclair Community College Speakers: Hon. Mary Kate Huffman, Montgomery Cty Common Pleas Ct; Susan Wawrose, Adjunct Prof of Law, University of Dayton School of Law; Hon. Timothy Wood, Montgomery Cty Domestic Relations Ct. Lawyers and judges are not always effective in managing their own reaction to the secondary trauma they suffer as a result of the clients’ trauma. "Mitigating Compassion Fatigue Among Legal Professionals" will explore the phenomenon of compassion fatigue and discuss effective strategies to avoid or mitigate the impact of compassion fatigue. There will also be a Domestic Relations Court Update on how they are currently handling proceedings with the latest COVID-19 guidelines.

Lincoln and the Law

Thurs. October 28 | 9:00am-10:30am | 1.5 Gen Hrs Sinclair Community College Speaker: Hon. Dennis Langer (Ret.) In this 90-minute lecture, Retired Judge Dennis Langer will explore Abraham Lincoln’s 23 years practice as a trial lawyer, focusing on three important cases.

Also, Judge Langer will discuss several constitutional issues with which Lincoln dealt as president.

Fall 2021 NOVEMBER In-Person @ Sinclair College

29th Annual DBA Bench Bar Conference

November 5th | 5.0 CLE Hrs Virtual Webinar

How “Free” is Free Speech on Social Media?

Ethical Considerations for Lawyers and their Clients November 9th | 2.0 Gen Hrs Virtual Webinar

Immigration Law Basics TBD | 2.0 Gen Hrs Virtual Webinar

Professionalism Matters: Core Components of Attorney Conduct for Successful Law Practice November 16th | 1.0 NLT Hr

continued

29th Annual DBA Bench Bar Conference: "Justice on the Brink & The Rule of Law" Fri. November 5 | 9:00am-3:30pm | 5.0 CLE Hrs Sinclair Community College AGENDA: 9:00am-10:30am PLENARY SESSION 1: JusticeontheBrink Linda Greenhouse, Yale Law School Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months that Transformed the Supreme Court 10:30am-10:45am BREAK 10:45am-11:45am COURT BREAKOUT SESSION 1 A. Municipal Court Judge Robert W. Rettich III, Judge Ronald Lewis, Judge Mia Wortham Spells B. Mediation C. Probate Court Judge David Brannon D. United States District Court Civil and Criminal Judge Walter Rice, Judge Michael Newman 11:45am -12:40pm LUNCH BREAK

Register Online! daybar.org

12:40pm-1:55pm PLENARY SESSION 2: HousingSegregationinDayton Matthew Currie, ABLE, Housing and Community Economic Development Professor Leslie Picca, University of Dayton School of Law Montgomery County Recorder Brandon McClain 1:55pm-2:05pm BREAK 2:05pm-3:05pm COURT BREAKOUT SESSION 2 A. Common Pleas Civil and Criminal Judge Richard Skelton, Judge Susan Solle, Judge Timothy O’Connell B. Juvenile Court Judge Helen Wallace C. Appellate Court Speakers TBD D. Domestic Relations Judge Timothy Wood 3:05PM-3:15pm BREAK 3:15pm-3:30pm Closing Remarks DBA President, Merle Wilberding, Coolidge Wall Co., LPA 3:30pm Adjourn

OCTOBER 2021 |

DAYTON Bar Briefs

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2021 DBA Fall/Winter CLE Planning DBA CLE Planning Guide

DBA CLE offers over

60+ hours

of programming between now and the first of the year!

Winter 2021 DECEMBER Virtual Webinar

2021 Ohio Supreme Court Review: A Conversation with the Chief Justice Maureen O’Connor December 2 | 1.0 Gen Hr nd

In-Person

The Ethical Lawyer: Professionalism Standards for Practicing Law Today December 3 | 3.0 Gen Hrs In-Person

Criminal Law Update by Judge Dankof December 7th | 3.0 Gen Hrs

Criminal Law Update by Judge Dankof Tues. December 7 | 3.0 Gen Hrs | Time & Location TBA Speaker: Hon. Steven K. Dankof, Montgomery Cty Common Pleas Ct This program will give overview to the past year and top criminal law cases.

Mental Health, Ethics, and Lawyer Well-Being in the Wake of the Pandemic Fri. December 10 | Time, Hours, Location, Speaker TBA

Virtual Webinar

Mental Health, Ethics, and Lawyer Well-Being in the Wake of the Pandemic

December 10th | 1.5-2.0 CLE Hrs In-Person

With the intense demands and stress from a legal career, lawyers have always been susceptible to higher rates of depression, addiction, and suicide compared to the general population. This program will provide tips and insight into how to best cope with these issues while working in the legal profession.

Federal Practice Update

December 14th | 3.0 Gen Hrs Virtual Webinar

Lawyer Financials 101: Client Fund Management and IOLTA December 14th | 3.0 Gen Hrs In-Person

Criminal Law Certification December 15th | 6.5 Gen Hrs In-Person

Intellectual Property for General & Corporate Practitioners December 17th | 3.0 Gen Hrs 14

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Criminal Law Certification Wed. December 15 | 8:30am-4:00pm | 6.5 CLE Hrs Location & Speakers TBA. Program needed to be added to appointed list.

Stay tuned for program details coming soon.

NEW! On-Demand DBA CLE Now Available You can now access on-demand, self-study CLE on the DBA website!

Get your CLE credit by the first of the year by purchasing and streaming our pre-recorded programs. If you’re an Unlimited CLE Member, you can access all our on-demand content for FREE!

On-Demand DBA CLE

daybar.org/seminarweb

On-Demand DBA CLE Featured Programs: Attorney Fees in Probate, Trusts, Guardianships and Powers of Attorney

Disciplinary Decisions and the Sanctioned Lawyer 1.0 Professional Conduct Credit

1.0 Gen Credit

Oral Argument Advocacy and Navigating Virtual Mediation & Hearings 3.0 Professional Conduct Credits

Sentencing Disparities and the Dangerous Perpetuation of Racial Bias 1.0 Professional Conduct Credit

New Programs Added Daily!

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

(937) 222-7902 daybar.org/seminarweb OCTOBER 2021 |

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Feature

Federal Practice

The Tension Between Free Speech and Criminal Sedition

By Daniel Gentry Esq., Chair | Coolidge Wall Co., LPA | Gentry@coollaw.com

“I

disapprove of what you say, but I will defend to the death your right to say it" 1 describes America’s notion of

free speech that has been enshrined in the First Amendment to the U.S. Constitution since 1791. While we are rightfully proud of the First Amendment and the freedoms that it confers, recent events have caused us to reassess its boundaries.

Speech crosses the line into criminality when it advocates overthrowing or destroying the United States by force or violence, or by assassinating any government officer. 18 U.S.C. 2385.

Two or more people who plan to overthrow the federal government by force, to “hinder or delay the execution of any law of the United States” by force, or to “possess any property of the United States contrary to the authority thereof,” may be guilty of the crime of “seditious conspiracy.” 18 U.S.C. 2384. Inciting, assisting, or engaging in “any rebellion or insurrection against the United States” or its laws, or giving aid or comfort to someone who does so, may lead to a conviction for the crime of rebellion or insurrection. 18 U.S.C. 2383. Finally, it is a federal crime to use the United States Postal Service to send mail “advocating or urging treason, insurrection, or forcible resistance to the law of the United States.” 18 U.S.C. 1717.

The tension between free speech and criminal sedition arose early in our national history.

In June and July of 1798, the Federalist majority in Congress (aligned with President John Adams, only the second person to hold that office) passed the Alien and Sedition Acts to target their political opponents, the Democratic-Republicans. The Sedition Act criminalized “false, scandalous, and malicious writing” or speech directed against the Congress or the President, and punished conspiracy “to oppose any measure or measures of the government.”

In addition to well-known differences over whether to establish a strong central government, the Federalists and the Democratic-Republicans disagreed over foreign policy. The Federalists favored improving relations with Great Britain, while the Democratic-Republicans led by Thomas Jefferson favored France. The Federalists feared and began to prepare for a war with France during President John Adams’ tenure. The Sedition Act enabled criminal (and political) prosecutions of Democratic-Republicans based on these fears. After 25 arrests, 17 indictments, and 10 trials, ten men were convicted.

The 1798 Sedition Act was hugely controversial, and undoubtedly contributed to Thomas Jefferson’s victory over Adams in 1800. It expired in 1801, and Thomas Jefferson pardoned everyone who was convicted.

A few decades later, disputes over slavery tested the First Amendment’s limits. Southern States reacted to abolitionist movements in the 1820s and 1830s by enacting seditious libel laws that were used to prosecute critics of the institution of slavery. In 1832, Virginia banned “riots, routs, unlawful assembles, trespasses and seditious speeches by free Negroes or mulat16

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toes,” (emphasis added) and allowed such free people to be punished (via whipping) in the same mode and to the same extent as rebellious slaves. Missouri banned abolitionist expression of any kind in 1837 and other Southern states followed. In parts of Louisiana, strangers could be arrested merely for conversing with African Americans. These blatant restrictions on free speech continued until after the Civil War. During World War I, Congress amended the Espionage Act to criminalize speech that was “disloyal, profane, scurrilous, or abusive” about the United States’ form of government during a time of war, or that was “intended to incite, provoke, or encourage resistance to the United States, or to promote the cause of its enemies.” Prosecutors convicted several hundred people under this 1918 law. The U.S. Supreme Court upheld criminal convictions for violating the law in Debs v. United States, 249 U.S. 211 (1919) and Abrams v.

United States, 250 U.S. 616 (1919). These decisions rested on the Supreme Court’s “clear and present danger” test announced in Schenck v. United States, 249 U.S. 47 (1919) and clarified in Whitney v. California, 274 U.S. 357 (1927).

ENDNOTES: 1 The Friends of Voltaire (1906), by Evelyn Beatrice Hall writing under the pseudonym Stephen G. Tallentyre, wrote these words – often attributed to Voltaire and sometimes to Patrick Henry – to describe Voltaire’s beliefs.

Join a DBA Section

Today!

October DBA Section Meetings daybar.org to register

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Juvenile Law @ 4pm

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Employment Law @ Noon

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Civil Trial & ADR @ 5pm

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YLD @ Noon

Real Property

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@ Noon

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later decisions.” The Court further held that those decisions had “fashioned a principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”

Brandenburg’s “imminent lawless action” test remains the standard. It contains three parts: intent, imminence of lawlessness, and likelihood of lawlessness. Specifically, a defendant may be criminally convicted for speech that (1) is directed to inciting or producing (2) imminent illegal action (3) that is likely to occur.

The Brandenburg test reflects a welcome shift in the Supreme Court’s jurisprudence

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Criminal Law @ Noon

The Supreme Court abandoned the clear and present danger test in Brandenburg v.

Ohio, 395 U.S. 444 (1969). The defendant in that case was a Ku Klux Klan leader who invited a local television station to film a Ku Klux Klan rally in Hamilton County. Based in part on that evidence, Brandenburg was charged with violating an Ohio law that banned the advocacy of the use of crime, sabotage, violence, or unlawful terrorism to accomplish political reform. Brandenburg was tried, convicted, and sentenced to prison for one to ten years. His conviction was summarily upheld by the First District Court of Appeals and the Ohio Supreme Court.

The U.S. Supreme Court reversed. In a per curiam opinion, the majority held that “Whitney has been thoroughly discredited by

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to be more protective of free speech. However, its contours are still unfolding. There are questions, for example, about its ability to limit or punish online speech that advocates violence or terrorism, given the unique nature of such speech (e.g., ever-present rather than temporally limited, not necessarily directed to a specific audience) and the concomitant difficulties of proving intent, imminence, and likelihood.

More than two hundred years after its enshrinement in the U.S. Constitution, we can expect that courts will continue to grapple with the First Amendment’s limits.

But we still have plenty to celebrate. Exercise your right to free speech today!

OCTOBER 2021 |

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Feature

Juvenile Law

Attorney Involvement in the Court Appointed Special Advocate (CASA) Program at the Montgomery County Juvenile Court

By Jane Novick Esq. Montgomery Cty Juvenile Ct jnovick@janenovicklaw.com

By Sarita Simon Esq. Montgomery Cty Juvenile Ct ssimon@mcjcohio.org

“W

e live in a world in which we need to share responsibility. It’s easy to say, “It’s not my child, not my community, not my world, not my problem.” Then there are those who see the need and respond. I consider those people my heroes.” ~Fred Rogers

P

ursuant to Ohio Revised Code §2151.281 and Rule 48 of the Rules of Superintendence for the Courts of Ohio (“Rule 48”), when a Complaint is filed in the Montgomery County Juvenile Court alleging Abuse, Neglect, or Dependency (“A/N/D”), a Guardian ad Litem (GAL) is appointed. The GAL may be an attorney or a volunteer Court Appointed Special Advocate (“CASA”). With new A/N/D Complaints totaling 601 by midyear 2021, compared to 719 at year’s end in 2019, the need for GALs is paramount.

The Montgomery County Juvenile Court, under the leadership of Administrative Judge Tony Capizzi and Judge Helen Wallace, has been a strong supporter of the Court’s CASA Program. Currently, Judge Capizzi is involved with CASA at the national, state and local levels.

Although attorneys acting as GALs can receive payment for their services, in recent years there have been at least eleven attorneys that trained to become CASAs and then served as GALs on a Pro Bono basis and/or volunteered to help train CASA/GALs. Some of these attorneys are: James Armstrong, Richard Barnes, Misty Connors, Connie Klayko, Julia Kolber, Magistrate Katie Lenski, Cathy McCarthy, Magistrate Hope Smalls, Cassie Quinn, Cindi Westwood and Elizabeth Wood.

some types of Delinquency cases and some private Civil cases that involve custody and visitation issues.

GALs do not advocate for the Child’s wishes; rather, they attempt to make reasonable efforts to learn about the facts of the case in order to advocate for the child’s best interest. In order to research the child’s situation, GALs may do the following: (1) investigate-research the child’s circumstances, determine relevant facts in a child’s case and report this information to the court; (2) facilitate-identify resources and services for the child and facilitate a collaborative relationship between all parties not involved in the case; (3) advocate-the GAL will speak up for the child by making recommendations regarding the child’s best interest; and (4) monitor-make sure that services are provided for the child, court orders are carried out and that the court is informed of any new developments.

Understanding the child’s wishes, if the child is old enough and developmentally able to express them, may be taken into consideration when articulating what is in the best interest of the child.

What is a GAL?

The Montgomery County Juvenile Court CASA Program (“CASA Program”) was established in 1988. Our volunteers have helped over 12,000 children and more than 6,000 families. At present, there are 45 CASA Programs in Ohio that serve 56 counties. The CASA Program is a member of both the Ohio CASA network and National CASA. 49 states have at least one local CASA Program (North Dakota has yet to estab-

GALs are neutral third parties that must maintain their objectivity towards all those involved in the case; they must provide recommendations to the court regarding the best interest of the child, and they are expected to attend all hearings “relevant to the responsibilities of the GAL”. In the Juvenile Court, GALs are appointed to children in A/N/D cases, 18

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What is the Montgomery County Juvenile Court CASA Program?

lish any CASA programs). CASAs are volunteer GALs. CASAs are dedicated to the principle that every child is entitled to have a permanent home and family and to be free form abuse and neglect. CASA volunteers include attorneys, educators, social workers, former case workers, former foster parents, former foster youth, physicians, nurses, parents and individuals that want to help abused and neglected children.

What are some of the differences between a CASA/GAL and an Attorney/GAL?

CASA/GALs are required to attend a 30+ hour Pre-Service training (spread over 7 weeks), whereas Attorney/GALs’ Pre-Service training is 12 hours. The CASA training includes a practicum GAL report where the trainee has to interview “actors” who represent interested parties and write a GAL Report based on their observations and interviews. The final training session includes a mock hearing over which Judge Capizzi presides. Two new CASA/GALs are called as witnesses and an attorney representing the Mother cross-examine the two new CASA/GALs. Afterwards, Judge Capizzi provides valuable feedback and an explanation as to the importance of CASA/GALs to his court. Judge Capizzi then swears in the new CASA/GALs. Some of the other Pre-Service sessions include presentations about trauma informed care and how to effectively communicate with individuals impacted by trauma. Magistrate Kathleen Lenski always gives of her time to help during the Pre-Service training.

She provides valuable information and insight regarding the expectations of a GAL in the Montgomery County Juvenile Court. After the Pre-Service training CASA/GALs are required to complete 12 hours of In-Service training on an annual basis, as compared to 6 hours for Attorney/GALs. CASA/GALs are coupled with a Volunteer Coordinator. The Coordinator is an excellent support to the volunteer. The Coordinator is available to discuss case specifics and help the CASA determine what might be in the child’s best interest. Also, the CASA will attend any home visits with the CASA until the CASA feels comfortable interviewing individuals.

The CASA will submit his/her GAL report to the Coordinator so that it can be reviewed for form and content. The GAL Report is very important as it contains information about the visits the GAL had with different individuals and the GAL’s concerns and recommendations. Both types of GALs must submit such a Report to the court and parties to the case.

CASA/GALs are mandated to visit the child once every 30 days. Our CASA Program expects GAL reports to be submitted 10 days before the

hearing so that they can be reviewed and filed 7 days before the hearing as per Rule 48.

CASA/GALs, unlike Attorney/GALs may not file legal documents with the Court. CASA staff attorney Sarita Simon will act as counsel for any of the CASA/GALs that wish to file a Motion with the Court.

Attorneys that volunteer as a CASA/GAL are eligible to receive one CLE for 6 hours of volunteer work.

We would happily welcome more attorneys as CASAs. Attorneys that go through the CASA/GAL training are eligible to work as both an Attorney/GAL and CASA/GAL. We also are very pleased to have non-Attorneys apply to become CASA/GALs. For more information please contact Jane Novick at jnovick@mcjcohio. org or Sarita Simon at ssimon@mcjcohio.org. Our website is: casamc.com

Reflections from Attorneys that have volunteered for CASA...

•

"I like the training because it was a “back to basics” experience. I think a lot of our GALs could benefit from more training like this.” “I’ve liked working with the CASA office on my case because I can get some feedback and feel like I have someone checking the quality of my work. It’s nice to be part of a team sometimes.” ~Elizabeth Wood

• "I feel the experience helped me understand my role as a GAL better and provided much needed education and support.” “The CASA training was so much more on-point than the [attorney] pre-service…included a lot of collaborative work with other CASAs. Discussing scenarios with lay people who have much different perspectives than me helped me see a bigger picture of the importance of GAL work.” ~ Misty Connors

• “CASAs are an integral part of a child welfare case because

they provide an independent recommendation to the court about a child’s best interest. In so many cases the CASA is the one constant for a child. We are fortunate to have such a robust program in our county with staff and volunteers dedicated to serving the most vulnerable children in our community.”

~Magistrate Kathleen Lenski

October 2021 |

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Column

From the Judges Desk

Let’s All Pitch In! How to Become More Active in Leading the DBA

H

ow are the leadership positions within the DBA selected? This question occasionally arises as our bar adds new members, when long time members seek to become more active and engaged, and with the yearly process of developing a slate of new DBA officers that gets voted upon at the annual meeting. Thankfully, the answer is simple.

Those who want to serve should let the DBA know of their interest. The DBA’s annual nominating committee then considers those names, along with others suggested by the DBA’s officers and trustees. In those rare instances when no new names are submitted, the nominating committee brainstorms for the names of attorneys that would likely agree to serve, if asked, and have a good record of involvement with the DBA. Also, the incoming DBA president always gets to appoint two at-large trustee positions when vacant. The board’s four at-large trustees serve staggered two-year terms. The DBA’s officers serve one-year terms, but the Secretary and the Treasurer may serve two consecutive terms.

The officers and at-large trustees are voted into office at the DBA’s annual meeting held every May or June.

The annual nominating committee consists of the four current at-large trustees and the two at-large trustees whose terms most recently expired. The DBA’s past president 20

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By The Honorable Mary Wiseman Montgomery Cty Common Pleas Court Mary.Wiseman@montcourt.oh.gov

once removed (yours truly for 2021) serves as the nominating committee’s chairperson.

If a member of the nominating committee desires to be considered for a leadership position, then that individual is removed from the nominating committee and replaced by a DBA member selected by the chairperson. These details are embodied in the DBA’s bylaws (aka the Amended and Restated Code of Regula-

tions of the Dayton Bar Association). For the 2021-2022 DBA year, this means that the nominating committee is currently composed of Ebony Davenport, Jamie Greer, Justine Larson, and Sean McCormick (the four current trustees at-large), Becky Gentry (trustee at-large whose term most recently expired) and a member to be named (since Anne Keeton, a past trustee at-large, has transitioned to an of-

ficer’s position), plus myself as chairperson.

DBA members also have the ability, via a petition signed by at least twenty-five current members, to nominate candidates for vacant positions. The deadline for that process is at noon on the fifteenth day of the month following the publication of the nominating committee’s recommendations that were approved and accepted by the DBA trustees.

As a failsafe, in the event that the timing and notice provisions of the bylaws cannot be met, then the DBA trustees may delay the annual meeting or accept nominations from the floor. Election is by voice vote at the annual meeting, unless contested, in which case paper or electronic ballots would be used. In a contested election, a majority vote wins. Even the contingency of a second ballot to break a tie is provided for in the DBA’s bylaws.

The key to this successful nomination and selection process is transparency and openness.

There are no shadowy, smoke-filled back room deals infused with political intrigue. Instead, the process relies heavily on attorneys’ expressing an interest in a leadership role and members of the DBA nominating committee and board suggesting the names of fellow attorneys that would be willing to devote the time and energy necessary to serve well. The nominating committee makes its recommendations to the DBA board

with broad principles of equity, diversity, and inclusion in mind. A strong effort is made to have the DBA’s leadership reflect the bar’s valuable and vibrant diversity. In that vein, the committee seeks to equitably represent big, medium, small, and solo firms. It seeks attorneys that have litigation, corporate, transactional, government, and other diverse practice areas. The nominating committee also seeks to balance the DBA’s leadership to reflect diversity and inclusion for gender, race, years in practice, and other factors. In this dynamic process, some interested individuals might not receive a nod from the nominating committee due to the great number of lawyers interested. If that happens, then you just need to drop your name in the hat next year! In the meantime, opportunities abound for involvement through the DBA’s various sections, CLE offerings, and other DBA projects. Indeed, active involvement in the DBA’s various sections and other activities receives favorable weight when evaluating nominees for the DBA’s future leadership.

For the 2022-2023 DBA year, the nominating committee will be recommending to the DBA Board of Trustees nominees for Second Vice-President (a one-year term) and Treasurer (a two-year term composed of one-year increments). Notably, the Second Vice-President advances, under the bylaws, to First Vice-President and then becomes the DBA President. Thus, if you want to currently (or someday) be more active and involved in the DBA through a leadership position, then use the DBA’s website to let us know. Also, keep up your engagement and involvement, even if not nominated this year. Leadership opportunities arise annually through vacancies, natural expiration of terms, and revolving section leadership positions. Your talent, time, and support is always, always valued. Indeed, cultivating your practice, success, and enjoyable engagement with the DBA is the whole reason behind the DBA!

Amendment to the Court’s Local Rules Comments requested: The General Division of the Montgomery County Common Pleas Court will accept public comments on amendments to the court’s Local Rules of Practice and Procedure, specifically, the adoption of amendments to Mont. Co. C.P.R. 2.03 - Court Costs and Special Fees and the related Appendix G on an emergency basis, as well as the approval of proposed amendments to Mont. Co. C.P.R. 2.01 – Civil Case Management Plan.

The text of the amended and proposed rules and the procedure and time period for submitting comments can be found at: https://montcourt.oh.gov/ comments-requested-on-proposed-local-rule/.

*Please visit daybar.org for the DBA Nominating Committee Form

October 2021 |

DAYTON Bar Briefs

21

Law Related Organizations

Your Gift Will Help

DaRvKBBaiFK}Bdav"KB

STRENGTHEN

Our Foundation.

T

he Dayton Bar Foundation (DBF) is the charitable giving arm of the Greater Dayton Legal Community.

Your contribution will enable the DBF to continue to fulfill its mission of funding innovative local organizations in their quest to improve our community by promoting equal access to justice and respect for the law. In the past few years your contributions helped to fund grants to: - Access for Justice - 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 Center Pre-Law Center - Wills for Heroes

DONATE online: daybar.org/foundation Make a donation now and help us make a difference through our programs.

Gifts may also be made in honor or in memory of family, friends or colleagues.

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OCTOBER 2021

Law Related Organizations

D"iM"vREh}"vR}IBc7}M"KBRK}Bdvab7

The Greater Dayton Area Diversity, Equity & Inclusion Legal Roundtable is a 2021 Dayton Business Journal Diversity in Business Awards honoree!

The Dayton Business Journal’s Diversity in Business Awards recognize organizations that have contributed to harnessing diversity within their workforces and are taking the lead to champion diversity within the community.

Congratulations to all who have supported the Greater Dayton Area Diversity, Equity & Inclusion Legal Roundtable. Our members include various sectors of the legal industry, such as the Dayton Bar Association, University of Dayton School of Law, Federal Bar Association, various law school student groups, U.S. District Court for the Southern District of Ohio, Montgomery County Common Pleas Court, Dayton Municipal Court, Office of the Montgomery County Public Defender, local law firms and Legal Aid of Western of Ohio.

Our organization believes that equity within the legal profession requires ensuring opportunities for diverse students and attorneys that previously have not been available and that diversity and inclusion benefits our profession, our community and our clients by bringing a broader range of backgrounds and perspectives to the table. The natural result is a more innovative, inclusive working environment and outcome.

To increase the opportunities available to diverse lawyers and law students, the Legal Roundtable has created programs focused on professional development, including a mentoring program, a summer diversity clerkship program and mock interview sessions for students. Our successes include diverse law students establishing meaningful relationships with local legal professionals and earning clerkships and associate positions.

Membership Meetings Meetings of the Greater Dayton Area Diversity, Equity & Inclusion Legal Roundtable are open to all legal professionals and law students. For more information or to be added to the Roundtable mailing list, please contact Ellen.Geron@ThompsonHine.com.

OCTOBER 2021 |

DAYTON Bar Briefs

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Law Related Organizations

LAWYER WELLNESS: OLAP

By Scott Mote Esq. OLAP Executive Director SMote@olap.org

Is it time for a digital detox?

I

recently had an interesting and serious conversation with a judge named “Dave” who told me that he was having trouble getting his work done because he felt he was addicted to technology, specifically social media. When he wakes up in the morning, the first thing he does is scroll through Facebook, Twitter and Instagram. When he cannot sleep, he reaches for his tablet to read the news. He went on to explain how he feels like he is constantly attached to a device: his phone, his laptop, his tablet, the TV. Whether he is checking his email or checking out what his friends are doing on social media, he feels like he has to be up to date on the most recent news, his email, the weather, and whatever else is happening at that moment.

WhatisaDigitialDetoxi

A digital detox is when you commit to refraining from technology for a specific amount of time. It does not mean that you have to totally disengage from your devices—that would be impossible. We all have work to do, and we most likely need technology to do it. A digital detox could be for a weekend, a couple days or even a couple hours a day. Some people who detox create schedules or timeframes for when they will use technology. This might seem impossible to do for some people, but it can and should be done, especially if your technology time is getting in the way of your other responsibilities.

Whydoyouneediti

Although technology addiction is not yet listed in the Diagnostic and Statistical Manual (DSM—5), the book that clinicians and psychiatrists in the United States use to diagnose disorders and mental illnesses), many experts believe that spending too much time online can lead to problems, such as stress, anxiety, sleep disorders, and depression.

Signsyouneedadigitaldetox

Not sure if you are spending too much time on technology? Here are some signs you might need a break.

You feel like you never have time. Using technology sucks up time. Apps such as Moment will track the amount of time you spend on devices and social media. According to the reviews of the app, users are surprised by how much time they spent doing non-work-related searching during one day. Some picked up their phones more than 40 times, and spent more than six hours on time-sucking apps such as social media, news and games. Imagine the other more productive tasks you can achieve in six hours! The app also helps users decrease their time on their devices.

No surprise here, but once users limited their 24

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OCTOBER 2021

As we were having this conversation, his phone buzzed and interrupted him at least 20 times with different notifications, news stories, emails, and texts. I asked him why he feels he has to frequently reach for his device, and he said that he has a really bad case of FOMO. I, not being up to date on the current acronyms, emojis, memes, social media, or whatever, had to ask: What is FOMO? He told me that it stands for “fear of missing out.” He feels as if he will miss out on something if he is not up to date on what is happening around him. The FOMO was causing him so much anxiety and stress, it was affecting and interfering with his responsibilities.

I told him it was time for a digital detox.

time on social media, news and games, they were shocked at how much more productive time they had during the day.

You feel like you are missing out. As my young colleague Dave told me, FOMO can rule your life. If you feel like you constantly have to check your device for the latest email, news story, or to see what your ex or friends are doing, you probably need to start limiting your time.

Your productivity decreases. Has this ever happened to you? You are working and you hear a ding on your phone. You immediately pick up the phone, see a text, you immediately respond, then you think you might as well check your email while you have the phone in your hand.

When you check your email, you click on a link, you start reading an article or are directed to a social media site. All of a sudden an entire hour has gone by, just because you picked up your phone to look at one text. Be aware of going down the rabbit hole!

You get defensive and/or angry if someone questions your device use or interrupts you. When Dave’s wife made a comment about how much time he was spending on Instagram, he became defensive and told her it was not a waste of time, that he was relaxing. Then he got angry at her for interrupting his me-time. He noticed that he was snapping at his children if they were too loud or bothered him while he was surfing the web. If a similar scenario has happened to you, you should consider reducing your screen time.

You compare yourself to others. When you open up Facebook and you see your law school friend is working for a large firm and you think how nice it would be to make his salary; when you see pictures of your cousin’s family trip to Aruba and wish you could take your loved ones on a nice trip; when you see a high school friend’s relationship status and wonder when you will find a partner—these are all “exciting and fun” things you will see on social media. Before you start comparing yourself to what seems to be others’

fulfilling and exciting lives, think about the long hours and stress of working for a large firm, the whining and tired children on the Aruba trip, the arguments that can happen in a relationship.

Everything is not always as it seems on social media.

Howtodetox

Turn off notifications Do you really need to be interrupted with a notification every time someone likes or shares one of your social media posts? Do you have to be the first to know the breaking news of what celebrity went under the knife for plastic surgery? Turn off unnecessary notifications, or turn them all off.

Remove unnecessary apps Consider removing social media apps. Facebook hires experts to figure out ways to make you stay on the app longer than you intend! If removing them is too much for you to handle, make a schedule or timeframe for when and how long you will use the apps.

Setboundaries

If you want to reduce stress, improve your sleep, have more time and maintain work-life balance, you should consider a digital detox. This does not mean you have to abstain from technology completely. It means that you set boundaries that ensure you are using your devices in ways that benefit your emotional health. The only FOMO on you should be concerned about is your time!

Needhelpi

As a member of the judiciary, you might need someone to talk to who understands the emotions that occur on and off the bench. We hear you! The Judicial Advisory Group ( JAG) is a peer-based confidential assistance group that helps judges and magistrates with personal and professional issues. Talk to us (800) 348-4343 https://www.ohiolap.org/judges. All inquiries are confidential.

Law Related Organizations

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Profiles of Pro Bono

Joe Barton Thompson Hine LLP I volunteer with the GDVLP as much as I can for three main reasons.

First, it is a privilege to be able to use my education and experience to help GDVLP’s clients. In my family a law degree is considered a “super power” which should be used to help other people whenever possible. As my dad would say, “What’s the point of having it if you don’t use it?”

Second, volunteering helps me develop skills like client management and trial practice that I wouldn’t otherwise have an opportunity to practice. It’s not often that junior associates get to cross examine a witness or hammer out a settlement agreement with clients and opposing counsel.

Finally, volunteering with GDVLP always makes me feel useful and like I’m part of something bigger than myself.

Working with the GDVLP is an experience you do not want to miss!

OCTOBER 2021 |

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Law Related Organizations | Classified Ads

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Classified ads are accepted each month, September through May. The Bar Briefs Editorial Board reserves the right to refuse any ad.

Pricing available online. Submit your ad to Shayla Eggleton: seggleton@daybar.org ASSISTANT CITY ATTORNEY I POSTING The City of Dayton is hiring for multiple vacancies in the Department of Law. All positions are classified as an assistant attorney I. An assistant attorney I is expected to provide a variety of legal services as directed on behalf of the Director of Law or Chief Prosecutor. The right applicant is licensed and in good standing in the State of Ohio (or awaiting for bar examination results), interested in criminal or municipal law, works well in a team environment, and is committed to public service. Incumbents are expected to stay informed of municipal, criminal, and any related fields of law and fulfill all Continuing Legal Education (CLE) requirements each year. They are expecting to grow and expand their legal skills and understanding of the City as a whole. Assistant attorney I may perform a secondary role with more difficult legal matters requiring progressive development of trial and advocacy skills. Duties will vary based upon placement in the civil or criminal 26

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division. Salary range for this position is $57, 366.00$77,604.00 plus benefit package offered by the City of Dayton. Please apply at www.daytonohio.gov

MEDIATION/ARBITRATION William H. Wolff Jr., LLC Retired Trial and Appellate Judge (937) 293-5295 | (937) 572-3185 judgewolff@woh.rr.com

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.

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

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

OFFICE SHARING SPACE AVAILABLE Large office space in a multiple office suite with a large client waiting area. Located in a large office building on Far Hills Avenue close to Rahn Road in Washington Township. Office building is wellappointed and well maintained both inside and out.

If interested, please contact Michael R. Eckhart at (937) 298-6628 or michaelreckhart@yahoo.com

DBA Members on the Move

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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 are 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

Blasik-Miller

Johnson

Snyder

Bockelman

Arnold

Five shareholders at Fi}BdFi¡}AiBK7d have been selected by their peers for inclusion in The Best Lawyers in America 2022.

Since 1983, “The Best Lawyers in America” recognizes less than 5% of attorneys across the U.S. Rankings are based on peer-reviews in which attorneys rank the professional abilities of their colleagues within the same geographical and legal practice area.

Susan Blasik-Miller is a 2022 Best Lawyer in the areas of medical malpractice defense and personal injury litigation. She has been named a Best Lawyer for each of the last fifteen (15) years. As a trial lawyer for more than 30 years, she has extensive experience defending physicians, hospitals, long term care providers, businesses and employers in a wide variety of cases. She advises business and health care professionals on ways to minimize risk.

Lindsay M. Johnson was named the 2022 Lawyer of the Year in Dayton for medical malpractice defense litigation. This honor is given to only a single lawyer in each practice area and community by Best Lawyers, a peer review publication and worldwide attorney ranking service.

Lawyer of the Year honorees receive this award based on their extremely high overall peer feedback within specific practice areas. Lindsay has extensive experience defending health care providers, hospitals, physician groups, and nursing facilities in all types of litigation.

Gordon Arnold is recognized as a 2022 Best Lawyer in the area of personal injury defense litigation. Mr. Arnold has over 40 years of experience in insurance coverage and business litigation, with an emphasis in construction cases, bad faith litigation against insurance companies, and insurance coverage for trucking companies.

Robert Snyder is a 2022 Best Lawyer in the area of medical malpractice defense. Mr. Snyder specializes in civil trial practice and has defended cases in multiple areas of the law including medical malpractice, nursing home liability, professional liability, personal injury, and wrongful death. He has successfully defended doctors and hospitals in multiple jury trials.

Shannon K. Bockelman was named as 2022 Best Lawyer in the area of medical malpractice defense and commercial litigation. Ms. Bockelman represents clients in medical malpractice cases including emergency, obstetrical, gynecology and surgical care, wrongful death, and traumatic birth injury, as well as long term care facilities.

Lynch

Green

Green & Green, Lawyers is proud to announce that Jane M. Lynch and Thomas M. Green have been selected by their peers to be included in the 2021 Edition of The Best Lawyers in America©. Jane was recognized for her work in the practice areas of Civil Rights Law and Litigation - Insurance and Tom was recognized for his work in the practice area of Commercial Litigation. Their inclusion in Best Lawyers in America© is considered an honor since it is based upon earning a high level of respect among their peers for their abilities, professionalism and integrity. Green & Green, Lawyers was also recognized in the 2021 Edition of U.S. News - Best Lawyers - Best Law Firms.

Mr. Green and Ms. Lynch hold the coveted AV Preeminent Rating for lawyers by Martindale-Hubbell® and have been selected as an Ohio Super Lawyer® for multiple years.

Kirkland & Sommers Co., LPA is proud to announce the opening of our new West Chester branch office, so that we can better serve the residents of the Butler County area. The office in West Chester, Ohio will be attended by Attorney Craig Sams, whose legal practice is solely in the area of family law, including divorce, custody, visitation, child support, spousal support, domestic violence and post-decree modifications.

DISPLAY AD INDEX: COOLIDGE WALL CO., LPA...................11 Daily Court Reporter....................21 eikenbary trust...................................9 Ferneding Insurance.......................21 LCNB Bank.................................................25 NFP/Rogers McNay...............................9 OBLIC.......................................back cover R.L. Emmons & Associates...............5 OCTOBER 2021 |

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

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