October 2020 Dayton Bar Briefs Magazine Vol. 70 No. 2

The Magazine of the Dayton Bar Association | October 2020 | Vol. 70, No. 2

Dayton

Bar Briefs 2020 DBA BENCH BAR CONFERENCE

Thursday, November 12th & Friday, November 13th Various Speakers & Court Breakout Sessions! details on page 24

Let’s Get it Right.

It Could Be Life.

It Could Be Death.

Fred L. Young Esq.

2020-2021 DBA President

Barrister of the Month Thomas Knoth pg 6

2020 Judical Candidacy Survey pg 11-15

Pro Bono Month

Articles throughout this issue! pg(s) 8, 16, 30

CONTENTS

Dayton

Bar Briefs

October 2020 | Vol. 70, No. 2

Dayton Bar Association Board of Trustees 2020-2021

Fredric L. Young President

Merle F. Wilberding First Vice President

Features 4 TRUSTEES MESSAGE

We Are All Practicing Law Down the Rabbit Hole

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

6

BARRISTER OF THE MONTH: THOMAS KNOTH ESQ.

By Zachary S. Heck Esq. | Taft Law

8 ABLE/LAWO

Caroline H. Gentry Second Vice President

Give to Help People in Crises

Denise L. Platfoot Lacey

10 2020 JUDICIAL CANDIDACY SURVEY

Hon. E. Gerald Parker Jr.

16 PRO BONO PARTNERSHIP OF OHIO

Secretary

Treasurer

Rebecca M. Gentry Member–at–Large

Celebrating Our Corporate Attorney Volunteers Volunteer Lawyers Strengthening Nonprofits & Our Community

By Erin Childs, Executive Dir. and Marcie Hunnicutt Esq., Dayton Dir. | PBPO

Anne P. Keeton Member–at–Large

Justine Z. Larsen Member–at–Large

Sean P. McCormick Member–at–Large

Hon. Mary Wiseman

Immediate Past President

John M. Ruffolo, ex officio Bar Counsel

Jennifer Otchy, ex officio Chief Executive Officer

BAR BRIEFS is published by the Dayton Bar Association, 109 N. Main St., Ste 600, Dayton, OH 45402–1129, as its official publica­tion for all members. Comments about this publication and editorial material can be directed to the Bar Associa­tion office by the first day of the month preceding the month of publication. The DAYTON BAR BRIEFS is published September through Summer.

18 50YEAR HONOREES

By David C. Greer Esq. | Bieser Greer & Landis LLP 22 YOUNG LAWYERS DIVISION

Rebuilding the Young Lawyers Division

By Steven D. Strain Esq. | The VanNoy Firm 26 FROM THE JUDGES DESK

Jury Trials Are Occurring During Covid-19 in the General Division Factors, Considerations, and Protocols Every Lawyer Should Know

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

30 GREATER DAYTON VOLUNTEER LAWYERS PROJECT

Celebrating Pro Bono

By Kelly A. Henrici Esq., Executive Dir.| GDVLP Departments 3

BECOME A 2020-2021 DBA PLATINUM PARTNER

Paid subscription: $30 / year

5

NEW FASTCASE 7 - FREE LEGAL RESEARCH

Library of Congress ISSN #0415–0945

9

OCTOBER SECTION MEETINGS

Jennifer Otchy, Chief Executive Officer

15 SELF STUDY ONLINE CLE - AVAILABLE 24-7, 365!

Shayla M. Eggleton, Communications Manager

23 FALL CONTINUING LEGAL EDUCATION

www.daybar.org

24 2020 BENCH BAR CONFERENCE & SPONSORSHIP Deadline October 15th

Phone: 937.222.7902

Fax: 937.222.1308

The contents expressed in the publication of DAYTON BAR BRIEFS do not necessarily reflect the official position of the DBA.

27 2020-2021 CHANCERY LUNCHEON DATES 28 MEMBERS ON THE MOVE 29 CLASSIFIEDS 31 LAW RELATED ORGANIZATIONS

2

Dayton Bar Briefs October 2020

937.222.7902

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October 2020 Dayton Bar Briefs

3

Trustees Message

We Are All Practicing Law Down the Rabbit Hole

By Merle F. Wilberding Esq. First Vice President Coolidge Wall Co., LPA

T

he COVID-19 pandemic has really changed the practice of law, as perhaps most of us already know. In so many ways we have all tumbled down that Rabbit Hole Alice described in her Adventures in Wonderland.

We have all been put at risk by the coronavirus that is sweeping our country and, for that matter, the world. The health risks are very real, even as their effect on any one person may be mild or deadly and in any event are unpredictable. While seniors and those with specific health conditions are generally considered most at risk, it has become clear that it is an equal opportunity virus, and no one is immune, at least not until a valid vaccine has been developed.

As we adjust to this new surreal wonderland we realize that we must now practice law in a different way than we did before the coronavirus. With scattered exceptions, our daily routines have been disrupted by the new pandemic rules and guidelines. Our judges have done a great job in adjusting court schedules and procedures to enable our justice system to continue to serve our community. In the general practice, we have adapted our routines, even as our lunch and dinner meetings have evaporated. (I, for one, now typically eat lunch at my desk in the office.)

For the most part our face-to-face meetings have disappeared, replaced by conference calls, and various visual meetings enabled by Zoom, Microsoft Teams, WebEx and other technologies. In our office, we must wear masks at all times except when we are working at our own desks. Clients and visitors are directed to the segregated conference rooms in a separate part of our office where we can engage in a meeting that is marked by masks and social distancing. So 4

Dayton Bar Briefs October 2020

far, this has been working pretty well.

And yet, this brave new world has taken away so much of the social engagement and casual conversations that have always been a part of our lives. As Alice lamented when she went down the Rabbit Hole, “what is the use of a book without pictures or conversation,” just as we ask ourselves “What’s the use of laptops at home if we cannot kibbitz about the Reds around the water cooler?”

That’s a challenge we now face. We need to restore that part of our humanity to our lives.

My observations also apply to our Dayton Bar Association. We at the DBA have had to make our own adjustments in order to continue to serve our members. I am sure that those adjustments are felt by everyone as the DBA and its members continue to adjust their lives to Alice’s Wonderland.

At the same time, I am encouraged that out of the darkness of the pandemic has come opportunity. Whether it is for us as individual lawyers or for us as a bar association, the COVID pandemic has given us new opportunities for imagination and innovation. In some ways the restrictions of travel and social distancing have opened the doors for new ways of serving our members.

I believe the Dayton Bar Association will be able to make everyone’s membership more interesting, more valuable, and most important, more meaningful.

The restrictions on travel have made it easier to attract great speakers and great visitors, and those things can now be done more conveniently and can be done on a smaller budget. Let me give you a personal example.

My son James is an ancient philosophy professor at a large university in Berlin, Germany. He has been instructed to stay home at least through the end of the calendar year, and to conduct his classes online.

While having to teach online forced him to change his curriculum and presentation, it did open up new opportunities. As he told me, “Dad, now I can now bring the best and the brightest from around the world into my classroom through the Zoom technology.”

In that same way our bar association will now be able to bring in some of the best and brightest into our programs and CLE sessions, and do it in a way that is convenient to our members and can be within our budget constraints. Our section meetings may be more convenient on the Zoom platform, and that means more people will be able to participate and make their membership more valuable and more meaningful.

continued on page 5

937.222.7902

TRUSTEES MESSAGE: We Are All Practicing Law Down the Rabbit Hole continued from page 4

As we all know since the pandemic struck, our bar association has had to reschedule or redesign some of our most important gatherings, events such as our Annual Bar meeting, our Celebration of Life, and our recognition of the DBA’s 50 year members, to name just a few. Thankfully, some of those events have been able to be converted to virtual events, but that, in turn, has raised questions of pricing and sponsorship. Those are important issues that we will need to work out as we go forward.

So far, some lawyers and some firms have recognized the need and opportunity for sponsorships. But we have to be innovative and imaginative. We may decide to follow the lead of Major League Baseball and have out events live-streamed with images of our sponsors (and maybe even our paying participants) shown on cardboard cutouts in the audience. That has worked for MLB and it might work for us.

In the same way the Dayton Art Institute has cleverly put together an “Octoberfest” package so that “attendees” can virtually celebrate the German festival even as they have to provide their own Oompah band and lager. The Dayton Metro Library has also created some summer reading challenges that are being done online. And with the same type of imagination and innovation organizations throughout our community have created new ways to serve their subscribers, and so is the Dayton Bar Association.

In late August I (virtually) attended the ABA Bar Executives Conference in Chicago, even taking in a virtual tour of Chicago (I do admit that was not exactly the same as walking and shopping along the Miracle Mile.). The real takeaway from the meeting was to encourage bar associations to be innovative in engaging its members and to use the new technological tools to bring more value and more meaning to its members, and to do so in a socially responsible way. That’s good advice, and we want to follow it.

As Alice said, “It’s no use going back to yesterday, because I was a different person then.” That’s true for all of us and it is true for our bar association. And that is why, now more than ever, it is important for all of us to continue our active participation in the DBA and to remind ourselves that it is truly a collaborative effort. We are better together. We are stronger together. Let’s continue to do it. www.daybar.org

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October 2020 Dayton Bar Briefs

5

Barrister of the Month

Thomas Knoth Thompson Hine LLP

T

here is just something about the Dayton area that keeps bringing people back home. That was the case for me and for many members of our bar, including this month’s Barrister of the Month honoree, Tom Knoth.

Tom was born at Good Samaritan Hospital, and grew up in Fairborn, Ohio. His dad, along with several aunts and uncles, worked for General Motors. Tom’s dad served in the Korean War and received his business degree through the GI Bill. His mom was a homemaker who grew up in the hallows of Kentucky and emphasized the importance of education. As a result, Tom and his four siblings all received college degrees.

Tom’s educational journey began at Park Hills High School and then took him to the University of Dayton where he majored in economics. In the business school, Tom took a handful of law-related classes, including a constitutional law class and a business-law class taught by a local attorney. Having always been interested in law due to movies and television shows, Tom decided to try his hand at law school, and enrolled in the College of William and Mary School of Law. During law school, Tom had the opportunity to clerk at Coolidge Wall and later Eckert Seamans in Pittsburgh. During these clerkships, Tom had his introduction to life in a law firm and acquired an interest in litigation. Tom enjoyed the law firm life and decided to pursue a path in private practice. Following graduation, Tom started his law practice at Hunton & Williams in Raleigh, North Carolina. A couple years later, Tom decided to return home to the Dayton area and joined the legendary litigation firm in 1980s Dayton, Ohio: Smith and Schnacke.

Tom remembers Smith and Schnacke fondly. When he joined, the firm was growing 6

Dayton Bar Briefs October 2020

rapidly, often recruiting twenty attorneys a year on top of a similarly-sized summer associate class. Tom benefited from the mentorship and skills he learned from masterful litigators like Jim Gilvary, [Hon.] Steve Dankof, and David Rickert. A competitive person, Tom took a liking to litigation because of the win-lose aspect of trying a case. The active problem solving mixed with the investigatory aspects of a case made for a rewarding combination.

Tom also enjoyed the social aspects of Smith and Schnacke. Because the firm hired numerous young attorneys, there were plenty of opportunities to build community and make friends. Indeed, during Tom’s first day at the firm he met Jane Leingang, an office administrator in charge of firm orientation, whom he would later marry.

When Smith and Schnacke eventually merged with Thompson Hine, Tom stayed with the firm and continued to build the litigation practice he maintains to this day.

Although Tom enjoys the office aspects of litigation, such as researching and writing a well-crafted argument, he misses the in-person component of trial work due to fewer cases going to trial. With so many cases ultimately settling, he describes litigation often being like “preparing for a game that gets cancelled before you take the field.”

With COVID-19, Tom has risen to the challenge of serving his clients despite obstacles to travel. “One of the biggest changes in the practice of law is definitely the role of technology,” Tom remarked. “When I started out practicing, you could leave the office and be disconnected from your work, but now you’re constantly on call for both your colleagues and your clients.” Tom has taken advantage of these changes in technology during the global pandemic by embracing teleconferencing and identifying creative ways to stay in communication with his clients with pending matters across the country.

Tom and Jane are parents to three children: Natalie, a copywriter for Victoria’s Secret; Courtney, a civilian data scientist for the United States Air Force; and Kevin, communications director for Congressman Mark Walker.

In his free time, Tom is a major basketball fan. For years, Tom coached his kids’ basketball teams and played in leagues and in pick-up games at the YMCA. Although Tom has switched from basketball to golf, he still supports the YMCA and currently serves on its board of directors. He has served as a Dayton Bar Association Trustee and currently serves on Thompson Hine’s Pro Bono Committee, where he helps manage the Dayton office’s eviction clinic, Volunteer Lawyer Project contributions, and emerging business counseling.

Over the years, Tom has witnessed many changes in the practice of law. One of the changes he is most encouraged to see is more women not only practicing law, but also achieving positions of leadership in law firms and within the local legal community.

In particular, Tom praised Thompson Hine’s managing partner, Deborah Read, as a strong example of a talented woman providing excellent leadership at the firm-level.

Although Tom has cases from coast to coast and practices at a firm with locations throughout the country, Tom could not be happier practicing in Dayton. With attorneys like Tom, Dayton will always be home to a collegial bar of outstanding lawyers.

By Zach S. Heck Esq. DBA Editorial Board Taft Law zheck@taftlaw.com 937.228.2838

937.222.7902

R.L. EMMONS AND ASSOCIATES, INC. 842–A E. Franklin Street Dayton, Ohio 45459

Professional Investigative and Legal Support Services Firm

 Polygraph  Asset Searches  Criminal Defense  Process Service  Witness Locates / Interviews  Surveillance  Civil Case Prep  General Investigation DAYTON: 937 / 438–0500 Fax: 937 / 438–0577

www.daybar.org

October 2020 Dayton Bar Briefs

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ABLE/LAWO

Give to Help People in Crises

D

uring these troubling times, attorneys and community members can make a positive difference in the lives of economically disadvantaged people who need legal assistance.

Advocates for Basic Legal Equality, (ABLE), Legal Aid of Western Ohio, Inc., (LAWO), and the Greater Dayton Volunteer Lawyers Project (GDVLP) have launched their annual Campaign for Equal Justice and invite you to two events scheduled this fall. The revenue will be used to provide civil legal services to help individuals and families overcome the challenges of poverty and stabilize their lives.

The Campaign for Equal Justice, with a goal of $165,000, is counting on your contribution. Your gift can be made with a credit card “During this coronavirus pandemic, the health and well-being at campaign4equaljustice.org and by using your cellphone to text to of people with low income are most at risk as they work on give. Dial 937-340-7207 and enter the word EQUAL, then follow the frontline,” says Mary Lentz, of Gottschlich & Portune, and the prompts. Checks are accepted at Campaign for Equal Justice, c/o campaign co-chair along with Edward “Ned” Dowd.

ABLE and LAWO, 130 W. Second St., Ste. 700, Dayton, OH 45402.

“Your donations to help them is greatly needed at this time.”

Become a Sustaining Member. Make your pledge and establish automatic, monthly credit card installment payments.

The campaign total is comprised of donations, sponsorships and ticket purchases for Justice on Tap! and the Access to Justice Awards Celebration! Both events are being converted from in-person to virtual events, due to health concerns related to the coronavirus pandemic.

Justice on Tap! may be just the break you need. The event is scheduled for October 8, from 6:30 p.m. to 7:30 p.m. From the comfort of your home, you will participate in livestreamed presentations from Warped Wing Brewing Company and The Dayton Brewing Company, and a wine tasting led by Rob Vonderbrink from Heidelberg Distributing. Rob Russell, president and CEO of Russell Wealth and Wellness, will be the emcee as participants learn about wine and local craft brews and engage in tastings with beverages provided in advance of the event.

The general admission is $50, and $25 for students, staff, or new lawyers (0-2 years). Guests may bid on raffle items for a donation of $2 a chance or $5 for six chances.

The Access to Justice Awards Celebration! will recognize stellar honorees on November 5, at noon, instead of during the evening.

Lunches will be delivered to sponsors. Luke Dennis, general manager of WYSO-NPR will be the emcee. Montgomery County RecorThe Dayton Daily News and WYSO-NPR are the media sponsors der Brandon McClain will present the awards to honorees. Judith A. for the event.

LaMusga of LaMusga Law Office, LLC, who secures guardianships for LAWO, ABLE, and GDVLP need your support. For decades, the vulnerable people, will receive the Lloyd O’Hara Public Interest Law nonprofit organizations have protected survivors of domestic violence, Award. Gabriella Picket, PhD will receive the Patricia Rousseau Commu- guarded against elder abuse, and addressed disability concerns, health nity Advocacy Award for assisting immigrants in crises. Two individuals care, education, public benefits and housing disparities. They also will be recognized with the Community Impact Award: Judy Hennessey, assist veterans and uphold the legal rights of immigrants and refugees.

PhD, retired superintendent of the Dayton Early College Academy for LAWO, ABLE, and GDVLP do not charge individuals. They depend at-risk students, and Pastor Robert E. Jones, retired from College Hill on public support that enables them to assist vulnerable people who Community Presbyterian Church, will be honored posthumously for otherwise will go without any legal representation at all. social justice advocacy prior to his death in March of this year.

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Dayton Bar Briefs October 2020

937.222.7902

DBA Section Meetings: October 2020 Monday, October 5

Tuesday, October 13

Juvenile Law 4pm-5pm

Labor & Employment Noon-1pm

Wednesday, October 7

Civil Trial Practice & ADR 5pm-6pm

Young Lawyers Division Noon-1pm

Monday, October 19

Federal Practice Noon-1pm

Wednesday, October 14

Estate Planning Trust & Probate 4pm-5pm

Appellate Court Practice Noon-1pm

Thursday, October 8

Workers Comp & Social Security Noon-1pm

Domestic Relations Noon-1pm

Friday, October 16

Diversity Issues Noon-1pm

Thursday, October 15

Real Property 4pm-5pm

Thursday, October 22

Paralegal Noon-1pm

Corporate Counsel 4:30pm-5:30pm Wednesday, October 28

Criminal Law Noon-1pm

go to www.daybar.org/events to rsvp!

www.daybar.org

October 2020 Dayton Bar Briefs

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Judicial Elections/Races 2020 Dayton Bar Association Judicial Survey

W

hen judges are on the ballot, be informed. We think you deserve impartial, nonpartisan information about your judicial candidates.This section has been created as a resource to help you make an informed decision when it is time to elect judges for Montgomery County Courts.

The DBA does not endorse any judicial candidate; our role is to provide impartial, non-partisan information about the judicial candidates in any given election year. All results from the Judicial Candidate Survey are available online for public consumption.

This year, there are three contested judicial races and four non-contested judicial races.

All candidates from these races were given the opportunity to respond to this survey within a character limit.

All contested judicial race candidates responded.

3 of the 4 non-contested judicial candidates responded.

Below is the list of questions that were asked of all candidates.

Q1: Please list your name, business address, contact information Q2: Please detail your legal biography using the following format: Undergraduate Education; Legal Education; Graduate Education and Legal/Courtroom Experience Q3: Please explain why you believe you are qualified for the judicial position for which you are seeking election.

Q4: What experiences in your life or personal attributes make you believe that your courtroom would be a place where everyone receives justice, regardless of race, socio-economic status, gender, etc.?

Q5: What will be the most significant challenge facing courts over the next ten years and what plans do you have to address that challenge?

Below are the list of candidates for the upcoming elections/races: 2020 Board of Elections Contested Judicial Races for Montgomery County Judge of the Court of Appeals 2nd District • Christopher B. Epley • Marshall G. Lachman

More info on these elections can be found on the Montgomery County Board of Elections website: www.montgomery.boe.ohio.gov

Judge of the Court of Common Pleas • K. George Kordalis • Susan D. Solle Judge of the Court of Common Pleas Probate Division • David D. Brannon • Arvin S. Miller

2020 Board of Elections Non-Contested Judicial Races for Montgomery County Judge of the Court of Common Pleas • The Honorable Dennis J. Adkins • The Honorable Steven K. Dankof - declined to respond • The Honorable Mary Katherine Huffman • The Honorable Richard S. Skelton

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Dayton Bar Briefs October 2020

937.222.7902

2020 Board of Elections Contested Judicial Races for Montgomery County: Judge of the Court of Appeals 2nd District Chris B. Epley Esq.

Marshall G. Lachman Esq.

Christopher B. Epley Co LPA 10 W 2nd., Ste 2400 Dayton, OH 45402 chris@chrisepleylaw.com 937-228-7511

Please detail your legal biography using the following format: Undergraduate Education; Legal Education; Graduate Education and Legal/Courtroom Experience:

• • •

Denison University BA English Literature / Spanish (double major); University of Dayton School of Law Courtroom experience in civil and criminal matters, domestic relations, juvenile and probate courts. I have administrative law experience from a city council member point of view.

My practice also includes transactional work.

Please explain why you believe you are qualified for the judicial position for which you are seeking election.

I am qualified for the Court of Appeals for the following three reasons: 1.) I teach Appellate Practice and Procedure at UD; 2.) I am the Chief Appellate Attorney in the Vandalia Prosecutors Office; and 3.) I have judicial experience as a Dayton Municipal Court Magistrate. In addition, my general law practice covers many areas of the law which come before the Court of Appeals.

What experiences in your life or personal attributes make you believe that your courtroom would be a place where everyone receives justice, regardless of race, socio-economic status, gender, etc.?

I am an active member of the community serving in different leadership roles over the years. I have served as a school board member, city council member, Rotarian, guardian ad litem, and life fellow in the Dayton and Ohio Bar Associations. I have been a member of a team (Denison Soccer) and a coach of various teams (baseball, soccer, basketball). All of those experiences have given me the opportunity to listen and critically think about the effect words and decisions have on people. I believe those attributes make the courtroom a place where all receive justice.

What will be the most significant challenge facing courts over the next ten years and what plans do you have to address that challenge?

Technology is evolving in the world and we see its significance on our daily lives and in the Courts. Technology has made legal research and case management better and efficient. But, it has a learning curve and requires continual updates as changes occur. Most recently, I have used technology as a video conferencing format in city council meetings, teaching at UD, and in Court. Over the next ten years, capturing the benefits of technology will be important to ensure litigants have access to justice and that Courts remain efficient.

www.daybar.org

75 N. Pioneer Blvd.

Springboro, OH 45066 lachman@mglachman.com 937- 369-6288

Please detail your legal biography using the following format: Undergraduate Education; Legal Education; Graduate Education and Legal/Courtroom Experience:

• • •

University of Illinois at Urbana-Champaign, Accountancy, 1985; The Ohio State University College of Law, 1988; Initially, my practice in Illinois focused on civil litigation, domestic relations and probate matters. Over the past seventeen years in Ohio, my practice has focused primarily on criminal defense matters, both at the appellate level, where I have handled more than one hundred appeals in the Second District Court of Appeals and many cases before the Ohio Supreme Court, and more than a thousand cases at the trial court level, where I have handle everything from misdemeanor offenses to the most serious of felony offenses, including capital murder.

Please explain why you believe you are qualified for the judicial position for which you are seeking election.

Having spent thousands of hours in courtrooms over the past thirty years, handling complex cases in both civil and criminal matters, at both the trial court and appellate court levels, I have the knowledge and experience necessary to be a Judge of the Second District Court of Appeals.

In addition, I have earned the respect of the attorneys I work with and the judges I appear before. I have been honored twice by the judges of the Montgomery County Common Pleas Court for my work in that court, most recently in 2016, having been awarded the court’s Gideon Award for Lifetime Achievement in the representation of indigent defendants in that court. I was also honored in 2011 by the Montgomery County Juvenile Court for my work in that court.

What experiences in your life or personal attributes make you believe that your courtroom would be a place where everyone receives justice, regardless of race, socio-economic status, gender, etc.?

For me, it starts with a respect for the law and the American system of justice. Our system requires a commitment from judges and attorneys to ensure that justice is served, regardless of race, socio-economic status, or gender. It also requires an understanding of the litigants who come before the court on a daily basis. My understanding comes from thirty years of courtroom experience in the practice of law. As a litigator, I have never shied away from taking the toughest of cases, often-times being asked by the court to do so. The understanding that comes from such experience will make me a better judge and ensure that all litigants that come before me will be treated fairly, regardless of race, socio-economic status, or gender.

What will be the most significant challenge facing courts over the next ten years and what plans do you have to address that challenge?

I believe the most significant challenge facing courts over the next ten years is making sure that the hyper-partisan nature of today’s politics does not infect the judiciary. It is imperative that judges remain “above the fray” or risk being drawn into the same partisan battles that others regularly find themselves in. If that happens, there is a significant risk that people will lose faith in the judiciary, which itself threatens our rule of law. To address this challenge, I will always strive to issue decisions that are based on the actual law, not on perceptions of what the law should be. In this way, litigants who appear before me will know that I considered the issues presented fairly and impartially, without bias or prejudice.

October 2020 Dayton Bar Briefs

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2020 Board of Elections Contested Judicial Races for Montgomery County: Judge of the Court of Common Pleas K. George Kordalis Esq.

Susan D. Solle Esq.

Please detail your legal biography using the following format: Undergraduate Education; Legal Education; Graduate Education and Legal/Courtroom Experience:

Please detail your legal biography using the following format: Undergraduate Education; Legal Education; Graduate Education and Legal/Courtroom Experience:

Kordalis Law Office, LLC 130 W. Second St., Ste 1818 Dayton, Ohio 45402 KKordalis@Kordalis-Law.com 937-224-1212

I attended The Ohio State University for undergrad and The University of Dayton School of Law. While in law school I clerked for Judge Gorman. Upon graduating law school, I interned at the Montgomery County Public Defender’s Office. I have been in private practice since 2012. My practice focuses on criminal defense, domestic relations, and personal injury cases. I have extensive courtroom experience. I have practiced in over thirty counties in the State of Ohio, the Southern District of Ohio, and the Southern District of Illinois. I have litigated over one thousand cases in private practice. This includes serious felony offense such as murder, rape, involuntary manslaughter, and federal drug offenses. In addition to my private practice, I am also a special prosecutor for Miamisburg and Xenia.

Please explain why you believe you are qualified for the judicial position for which you are seeking election.

I am qualified to be a Common Pleas Judge because I have the experience needed to handle the cases before me and the perspective to bring positive changes to the Bench. The experience of running my own law practice will assist me in running an efficient docket. I understand the need for thorough and expeditious rulings on pretrial Motions. Keeping a docket moving is beneficial to the Court, attorneys, clients, and the community. I practice in Montgomery County Common Pleas Court almost daily.

I’ve seen first-hand what works and what doesn’t. As I’ve stated above, I’ve handled some of the most serious cases that come through this court.

What experiences in your life or personal attributes make you believe that your courtroom would be a place where everyone receives justice, regardless of race, socio-economic status, gender, etc.?

As the son of immigrant parents, I saw how hard my parents worked to overcome adversity and make a comfortable life for our family. I saw my parents struggle to be treated fairly because of their accents. Even though my parents were often treated unfairly, they taught me and my siblings to be respectful to everyone even in the face of disrespect. I carried that into my private practice. I have always attempted to treat clients, attorneys, and members of the judiciary fairly and with respect. In private practice and in my time as an intern at the public defender’s office, and serving as a Court appointed attorney, I have represented many indigent clients. This experience opened my eyes to a world of problems that the Court should be considering when determining proper sentences. For example, mental health issues are prevalent in many cases. Many of my client’s suffered from undiagnosed mental health issues which resulted in them being charged with a crime. Seeing it firsthand, allows me to have a different perspective on the issue of criminal justice and mental health. As a defense attorney I have seen how criminal charges often a profound effect on a person’s life and the need for everyone to be treated fairly. Unfortunately, this does not always happen.

What will be the most significant challenge facing courts over the next ten years and what plans do you have to address that challenge?

There is a strong social movement surrounding Criminal Justice reform which will likely be a significant force in our Court over the next ten years. There is a delicate balance between justice and mercy which should be handled with the utmost care and respect. Although it is unclear what will happen on a national lever, as a part of that reform I will work to incorporate a system to track sentencing to help achieve more transparency and fairness. The Common Pleas Court has eleven judges that impose criminal sentences almost daily. I believe that the Court needs to have a database that keeps track of all sentences based on offense level and other identifying information about the defendant (Age, Prior Criminal History, Mental Health Considerations).

This database should be made public to everyone. This would better help prosecutors, defense attorneys, and judges in determining a fair sentence and ensuring equality in our local criminal justice system. This database would only be advisory and not binding on the judges and would just serve as an additional tool when determining a fair sentence.

12

Dinsmore & Shohl LLP 1 S. Main St., Ste 1300 Dayton, OH 45402 susan.solle@dinsmore.com 937-313-4835

• • • • • • • • • •

BA, Magna Cum Laude, Oglethorpe University, Atlanta GA, 1994; JD, Cum Laude, University of Dayton School of Law, Law Review and Moot Court, 1999; Law Clerk for Judge Sunderland in the Montgomery County Common Pleas Court; Staff Attorney for Judge Brogan in the Second District Court of Appeals, 1999-2002; Surdyk, Dowd, & Turner, 2002-2004; Dinsmore & Shohl (Chernesky, Heyman & Kress merged in 2008) 2004-present, civil trial and appellate attorney; Served as Acting Judge in Montgomery County Municipal Court handling misdemeanor and traffic docket, felony arraignments, and civil trials; Adjunct Professor at UDSL teaching Appellate Advocacy since 2004; Past President Dayton Bar Association; President Dayton Bar Foundation.

Please explain why you believe you are qualified for the judicial position for which you are seeking election.

Over the past 18 years, I have handled civil cases all over the state in virtually every area of law that I will decide as a common pleas judge, including comprehensive business litigation, employment, insurance, personal injury, landlord/tenant, foreclosure, and more. I have written over 300 decisions on various criminal and civil issues as a law clerk in the common pleas court and staff attorney in the court of appeals, and handled numerous criminal dockets, felony arraignments, and civil trials as an Acting Judge in Municipal Court. Equally important, I have the support of many attorneys in the bar who have been my adversaries in court, as well as judges, because they know I have the right temperament, compassion, and sense of fairness.

What experiences in your life or personal attributes make you believe that your courtroom would be a place where everyone receives justice, regardless of race, socio-economic status, gender, etc.?

My passion for equal access to justice led me to join the Board of Trustees of Legal Aid of Western Ohio and Advocates for Basic Legal Equality, where I served for nine years, three as the president of both boards. I have also represented low income clients through the VLP for years. Since 2008, I have served as a lawyer for Ohio Promote the Vote, ensuring every registered voter has unimpeded access to the polls. I will continue to participate in implicit bias training to do everything possible to recognize and avoid bias in my courtroom. Having grown up in this community, I am committed to protecting the rights of every person who walks into the courthouse and making sure they are treated with respect and fairness.

What will be the most significant challenge facing courts over the next ten years and what plans do you have to address that challenge?

I would say a significant challenge facing courts is understanding and improving racial fairness in sentencing across the state. Fortunately, the Ohio Supreme Court is developing a system to gather sentencing data on various crimes to measure and better understand the racial disparity in sentencing across the state, and to implement change. Being cognizant of this disparity and taking steps to ensure race plays zero role in sentencing every day in my courtroom will help minimize this inequity. In the meantime, the use of programs like intervention in lieu of conviction, diversion, and the specialty treatment courts available in Montgomery County are excellent tools to circumvent sentencing concerns in many cases.

937.222.7902

2020 Board of Elections Contested Judicial Races for Montgomery County: Judge of the Court of Common Pleas Probate Division David D. Brannon Esq.

Magistrate Arvin S. Miller III

Please detail your legal biography using the following format: Undergraduate Education; Legal Education; Graduate Education and Legal/Courtroom Experience:

Please detail your legal biography using the following format: Undergraduate Education; Legal Education; Graduate Education and Legal/Courtroom Experience:

Brannon & Associates 130 West Second St., Ste 900 Dayton, OH 45402 davidbrannon@branlaw.com 937-802-4900

• • • • •

Miami University, B.A. in Political Science and Public Admin.

University of Dayton School of Law, J.D. Law Review. Top 15% Licensed by Ohio Bar (2005), U.S. District Court for Southern Dist.

Ohio (2005) OSBA Certified Specialist in Probate Law (2015) I have handled hundreds of probate matters, including: estate administrations, guardianships of adults and minors, mental health issues, land sales, declaratory judgments, trust administrations, real estate transfers, concealment actions, heirship, instrument construction, will contests, creditor claims and other types of probate litigation.

I also have extensive experience in general civil and criminal matters including: fiduciary, insurance, contracts, real property, and appeals.

Please explain why you believe you are qualified for the judicial position for which you are seeking election.

I understand the substance and I also love it. Besides being an OSBA certified specialist,I remain active in the legal community and that will not change.

I routinely practice in other probate courts and see firsthand what works and what doesn’t. Electronic filing, videoconferencing and delays in decisions are consistent problems that should be improved. Fresh ideas and bold ideas are needed, and I am open to feedback. I have also served as trustee of various types of trusts, executor and administrator of numerous estates, guardian of the estate and person of adults and minors, power of attorney and in other fiduciary capacities. Competence, real world experience and an open mind are vital qualifications.

What experiences in your life or personal attributes make you believe that your courtroom would be a place where everyone receives justice, regardless of race, socio-economic status, gender, etc.?

An attorney friend of mine recently said: We need great judges who are not only experts in the law, but are also human beings who can relate to and understand a vast array of people, problems, and life situations.

David Brannon is this kind of servant leader. After blushing, I thought first, I am a listener. This is perhaps the most overlooked aspect of the judiciary.

Second, I believe in access to courts, regardless of status. A review of my cases demonstrates that I make an effort to take all meritorious cases, regardless of demographic. Third, no matter a person’s race, economic status or gender, I believe people want a judge or lawyer that is dedicated to hard work, competent in the law and cares about people.

What will be the most significant challenge facing courts over the next ten years and what plans do you have to address that challenge?

Access to courts. This includes an open-door policy with all agencies, to determine what resources are needed and whether the probate court can provide those resources or help facilitate. For example, I am endorsed by the Federal Order of Police unions 117, 92 and 44. In discussions with command staff and officers, I understand police departments need an open line of communication, particularly around issues involving the mentally ill patients that are jailed. I would ensure law enforcement and other agencies have 24-7 on-call access to myself or court personnel to assist. I would also propose a law clinic be placed under the roof of the court. These programs have been successful in areas such as filing tax returns and evictions.

www.daybar.org

Montgomery County Probate Court 41 N. Perry St., 2nd Fl Dayton, OH 45422-2155 asmiii50@gmail.com 937-672-4907

• •

B A Miami University, J D University of Dayton Mediation Training, NWU School of Continuing Studies; ABA Advanced Mediation; Ohio Supreme Court Elder Mediation • Probate Magistrate (April 2008 – present) /Court Mediator • Visiting Assistant Prof. Dayton School of Law • Assistant County Public Defender • Assistant County Prosecuting Attorney • ABA, 1991 Pro Bono Publico Award (recognized for creating and developing the GDVLP) • UDSL “Distinguished Alumnus Award” PAST BOARDS/COMMITTEES • DBA Foundation Board Member/Fellow • Collaboration Against Abuse, Neglect & Exploitation • Montgomery County Elder Abuse Inter-Agency Task Force • Greater Dayton Volunteer Lawyer Project Board/President • Dayton Legal Aid Society Ohio • Conclave on Education for the Legal Profession • Pro Bono Committee, Ohio State Legal Assistance Foundation • Civil Legal Needs Assistance Implementation Committee Please explain why you believe you are qualified for the judicial position for which you are seeking election.

The probate court deals with numerous complex social issues. As Probate Magistrate for over twelve years, I have both the knowledge and experience necessary to be judge.

I have presided over cases involving all aspects of probate court. I have effectively helped protect hundreds of our community’s most vulnerable citizens from abuse and neglect. As magistrate, I have shown I have the proper bench demeanor, having built the reputation for treating all those who come before me with the respect and fairness they deserve. As a trained court mediator, including advanced training in Elder Mediation, I work to find alternatives to contested court hearings. My continued commitment to the Montgomery County community is shown by my work creating the Greater Dayton Volunteer Lawyers Project along with my past and present board membership on a wide variety of community organizations.

What experiences in your life or personal attributes make you believe that your courtroom would be a place where everyone receives justice, regardless of race, socio-economic status, gender, etc.?

As a Magistrate, I have a track record of making sure everyone who comes before me receives justice regardless of race, socio-economic status, sexual orientation, or gender.

My work as a public defender, running an indigent criminal defense clinic at UD, and creating the Volunteer Lawyers Project, was all about seeking justice for those less fortunate, no matter their race or other human characteristic. Having worked extensively in the public sector, most of my career has been trying to help diverse individuals seek justice; making sure their concerns are heard and addressed. There is no reason to believe that as judge I would not continue to treat people fairly and deliver justice evenly.

What will be the most significant challenge facing courts over the next ten years and what plans do you have to address that challenge?

The most challenging issues courts will face in the next ten years relate to care and wellbeing of an increasingly elderly population and individuals suffering from mental health issues as well as the court’s increased use of technology. The probate court already faces these challenges. The increased incidence of dementia, Alzheimer’s, and general diminished mental health will test the court’s resources to provide society’s vulnerable protection from abuse and neglect. The court will need to increase pro bono representation and provide access to non-legal social services. With courts increasingly using technology, courts will need to find more creative ways to allow pro se clients to access that technology. Courts will need to allocate personnel and resources to provide pro se clients effective instruction on the use of technology to facilitate their access to the court.

13

2020 Board of Elections Non-Contested Judicial Races for Montgomery County: Judge of the Court of Common Pleas The Honorable Dennis J. Adkins

The Honorable Mary Katherine Huffman

Montgomery Cty Common Pleas Ct 41 N. Perry St. Dayton, OH 45422-1431 dennis.adkins@montcourt.oh.gov 937-496-7951

Please detail your legal biography using the following format Undergraduate Education; Legal Education; Graduate Education and Legal/Courtroom Experience:

Judge Adkins was appointed to the General Division bench on June 6, 2011. He received his B.S. from the University of Dayton in 1982, and his J.D. from the Salmon P. Chase College of Law at Northern Kentucky University in 1986. From 1986 to 2011, Judge Adkins practiced law in the Dayton area, engaging in both criminal and civil litigation. Judge Adkins is a member of the American, Ohio, and Dayton Bar Associations, the Ohio Common Pleas Judges Association, and has taught continuing legal education seminars. He currently serves on the Dayton Bar Association’s Certified Grievance Committee and the Judicial Advisory Board of the MonDay Community Correctional Institution. In 2013, Judge Adkins created the first Veteran’s Treatment Court in this area. He presides over the court, which is designed to provide treatment and rehabilitation for veterans involved in the Criminal Justice System due to combat related problems.

Please explain why you believe you are qualified for the judicial position for which you are seeking election.

I have 35 years of experience in the legal justice system. I have practice civil litigation in private practice and well as criminal defense work along with prosecution duties for several municipalities.

I have personally tried hundreds of cases as a private attorney and have presided over numerous high level criminal and civil cases since becoming a Judge. Not only do I have the legal experience necessary, I also bring a common sense approach to the bench in handling cases.

What experiences in your life or personal attributes make you believe that your courtroom would be a place where everyone receives justice, regardless of race, socio-economic status, gender, etc.?

I have dealt with all levels of social-economic classes, genders, race, and diverse backgrounds my entire career. Everyone deserves the respect of the Court no matter what business brings them before the court. Like many others, my friends are not defined by their color of their skin, their gender classification, their religious beliefs, or the size of their bank account. I have found if you treat everyone equally, you will garner respect from all.

What will be the most significant challenge facing courts over the next ten years and what plans do you have to address that challenge?

Covid-19 has already proven to be a great challenge and may continue to be a challenge into the future. Similar ailments may arise that will need to be addressed. The court has learned a lot from this pandemic, especially in the use of electronic capabilities, which will assist the court in being more efficient in the future. Jail overcrowding is a continuing challenge and new ways need to be developed to find alternative resources to lower the crime in our communities. The Court is constantly looking into new ways to reduce crime and provide treatment alternatives and will continue to do so.

14

Dayton Bar Briefs October 2020

Montgomery Cty Common Pleas Ct 41 N. Perry St., 3rd Fl Dayton, OH 45422-2150 mary.huffman@montcourt.oh.gov 937-496-7955

Please detail your legal biography using the following format Undergraduate Education; Legal Education; Graduate Education and Legal/Courtroom Experience:

• • • •

Wright State University, B.A., Political Science, 1985, summa cum laude University of Dayton School of Law, J.D., 1990, summa cum laude University of Nevada, M.A. Judicial Studies, 2015, summa cum laude National Judicial College, Certificate in General Jurisdiction Trial Skills and Certificate in Dispute Resolution Skills • Judge, Montgomery County Common Pleas Court February, 2002-present • Partner, Huffman, Landis & Weaks, 1990-2012, general practice trial attorney • University of Dayton School of Law, Adjunct Professor, 2003-present

Please explain why you believe you are qualified for the judicial position for which you are seeking election.

I have been a trial court judge for 18 1/2 years, presiding over a vast array of cases, both criminal and civil. My trial experience includes, but is not limited to death penalty trials and post-trial litigation, criminal trials on charges ranging from theft to aggravated murder, complex civil litigation, workers compensation, personal injury, business and employment matters, contractual disputes, real estate and appropriation matters, civil rights litigation, and a wide variety of other matters.

Additionally, my work experience includes hearing motions and researching and writing decisions on a vast array of topics including criminal suppression issues involving a claimed violation of Constitutional rights, post-conviction proceedings, summary judgment, motions to dismiss, declaratory judgment and other matters.

What experiences in your life or personal attributes make you believe that your courtroom would be a place where everyone receives justice, regardless of race, socio-economic status, gender, etc.?

Due process and fundamental fairness are at the forefront of the responsibilities of a trial judge. Providing each litigant with the opportunity to be heard in a meaningful and complete manner, regardless of the person’s race, gender, ethnicity, socio-economic status or other personal circumstances, contributes to not only the litigant’s perception of the fairness of the proceedings, but also to the fundamental equity and fairness of the entire justice process. I firmly embrace and practice the mission statement of our court - together we provide fair and efficient justice under the law for all.

What will be the most significant challenge facing courts over the next ten years and what plans do you have to address that challenge?

There are a number of challenges facing courts in the next ten years, and too many to discuss here. I will comment upon two challenges - first, the reduced resources available to courts to assist persons involved in the criminal justice system, through probation services, to aid in addressing life circumstances related to concerns related to life stability that can lead to a reduction in future criminal conduct, such as housing, health, family concerns, education, employment and other critical circumstances. I will continue to advocate for the funds and resources critical to the court’s important function of providing services. Additionally, courts are re-evaluating policies and practices on pre-trial detention, understanding that bail decisions must be based upon evidence related to the individual so that conditions of pre-trial release, including bond, relate solely to the individual’s risk of failure to appear in court or risk to the public from pre-trial release. I recently served as the Chair of the Ohio Supreme Court Task Force to Examine the Ohio Bail System and I have been a vigorous advocate for reform in pre-trial release that encourages rules that, while strongly considering public safety, depend upon the circumstances of the individual accused. I will continue to work for reform in practices that ensure that courts are guided by individual considerations to inform pre-trial release decisions.

937.222.7902

The Honorable Richard S. Skelton

Montgomery Cty Common Pleas Ct 41 N. Perry St., 3rd Fl Dayton, OH 45422-2150 Richard.Skelton@montcourt.oh.gov 937-225-4368

Please detail your legal biography using the following format Undergraduate Education; Legal Education; Graduate Education and Legal/Courtroom Experience:

• Wright State University, B.A. • University of Dayton School of Law, J.D.

Please explain why you believe you are qualified for the judicial position for which you are seeking election.

I was in private practice for over 25 years and practiced heavily in the Montgomery County Common Pleas Court. I have extensive experience in Civil and Criminal litigation.

What experiences in your life or personal attributes make you believe that your courtroom would be a place where everyone receives justice, regardless of race, socio-economic status, gender, etc.?

I do not see color when it comes to people. I worked my way through college and loaned/worked through law school. I understand hard work and treat everyone with respect.

What will be the most significant challenge facing courts over the next ten years and what plans do you have to address that challenge?

Technology advances quickly and our Court has a reputation for being on the leading edge. The challenge is lead, not follow. In addition, Courts must foster fairness to all litigants irrespective of race, profession or allegation. Our constitution guarantees protections for all and out pledge must be to maintain fundament fairness for everyone.

Choose from Over 50 CLE Programs Available to You Online - Wherever You See this Logo!

Visit daybar.ce21.com and go to the CLE tab to access self-study library

Did you know?

Judges, Magistrates and Attorneys with last names M-Z can complete ALL CLE Credits ONLINE Due to COVID-19, the Supreme Court of Ohio has waived the cap on self-study courses, including webinars For more information, visit: supremecourt.ohio.gov/AttySvcs/CLE/ View list of handful of Self-Study CLE Below!

Taking Criminal Defense to the Next Level: Leveraging Cell Phone, Computer and Electronic Device Technology with Cell Phone Privacy Challenges 3.0 Prof Conduct Hrs Privacy 2020: Meeting the Challenges of a New Decade 1.0 Gen Hr

More info on these elections can be found on the Montgomery County Board of Elections website: www.montgomery.boe.ohio.gov

www.daybar.org

Emerging Issues in Reproductive Technologies 1.0 Gen May 4, 1970 Kent State University Shootings CLE 1.0 Gen Hr

Cleveland Metro Bar Association's International Women's Day Summit 4.5 Gen Hrs Senate Bill 201 "The Reagan Tokes Law" and Senate Bill 231 2.0 Gen Hrs Active Shooter Response Plan & the Legal Issues 3.0 Gen Hrs Ethical Obligations and Best Practices for Bankruptcy Practitioners 1.0 Prof Conduct Hr

October 2020 Dayton Bar Briefs

15

Pro Bono Partnership of Ohio

Celebrating Our Corporate Attorney Volunteers: Volunteer Lawyers Strengthening Nonprofits & Our Community

By Erin Childs Executive Director PBPO

I

n the City of Dayton alone, there are nearly 2,000 registered 501(c)(3) public charities working tirelessly to make a difference in the community. They bring meals to the elderly.

They house families who have been displaced. They make sure children are ready, able, and excited to learn. They help our region thrive. However, just like well-resourced for-profits, nonprofits need legal advice to navigate these uncertain times. Yet most nonprofits, particularly the smaller ones with limited resources, lack regular access to legal advice. With the help of our dedicated attorney volunteers, Pro Bono Partnership of Ohio (PBPO) engages attorneys to meet that need.

Our goal is to give qualifying 501(c)(3) tax-exempt organizations in our region access to free business legal assistance, which will in turn enable them to make more effective decisions, improve governance, management policies, and procedures while preserving their limited resources for their program implementation.

This year, PBPO is celebrating its 5th anniversary. In that short amount of time, PBPO has provided direct legal services to over 225 nonprofit organizations in Dayton and Cincinnati on more than 1,500 different legal projects.

How were we able to accomplish this? Because we are powered by the selfless volunteerism of over 650 corporate attorneys willing to take time out of their busy schedules to volunteer pro bono for our nonprofit clients.

The collective impact of the work done by our volunteer attorneys is being felt throughout the community. Thanks to our volunteers, organizations like Clothes That Work, Life Essentials, Miami Valley Nonprofit Collaborative, and Ellie’s Rainy Day Fund are stronger and are better able to focus on what they do best – making a deep impact on the people and communities they serve.

Without the help from the staff & attorneys at PBPO, we would not have been able to navigate the process for getting our real estate tax exemption for the horse farm we purchased in 2019. Having access to an organization that is in existence to assist nonprofits with legal matters is an enormous benefit. Like most nonprofits, we have a tight budget and knowing that we have a resource to turn to that alleviates the stress in dealing with legal matters is crucial. This is not the first matter they have helped us with and, no doubt, it won’t be the last.

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By Marcie Hunnicutt Esq. Dayton Director PBPO

Jacki Mayer, Executive Director, Therapeutic Riding Institute

PBPO Helps Lawyers Do Good

At PBPO, we make it easy for corporate attorneys to efficiently and meaningfully share their expertise with nonprofits.

We offer a broad range of projects in transactional practice areas such as contracts, employment, general corporate issues, corporate governance, intellectual property, real estate, mergers, and dissolutions. Our matters are pre-screened, discrete, and generally not subject to time deadlines. The average project takes six hours to complete.

For many corporate and in-house lawyers, pro bono opportunities are limited. Becoming involved with PBPO expanded my opportunities to help nonprofit organizations and thereby help my community. My involvement with PBPO has proved that one of the best ways to receive true joy and much satisfaction is to give your time to help others. This is what it means to be a Dayton lawyer.

-

Walter Reynolds, Partner, Porter Wright Morris & Arthur LLP

continued on page 17

16

Dayton Bar Briefs October 2020

937.222.7902

PBPO: Celebrating Our Corporate Attorney Volunteers continued from page 16

2019 PBPO Volunteer Appreciation – Group from LexisNexis, including Kermit Lowery, PBPO Board Member In addition to direct legal services, PBPO provides educational outreach to nonprofit leaders about relevant employment, governance, intellectual property, and other legal obligations, and recently, COVID-19 related legal topics. These educational publications are made available to all individuals that are working or volunteering with nonprofits in Ohio. We are always looking for volunteers who are willing to either write a brief article or speak at one of our educational workshops (currently all virtual webinars).

Whether directly providing pro bono assistance or participating in educational outreach, both are simple ways for attorneys looking to meaningfully engage and connect with their community.

In this way, attorneys are utilizing their skills to benefit the local nonprofit organizations that need non-litigation legal assistance that is otherwise unavailable to them.

The impact of this work is seen at many levels. PBPO and its volunteers receive many grateful calls of relief because of the access to high-quality legal expertise and the money saved. Their limited funds can be used for nonprofit community programs and services, due to PBPO volunteer efforts. It is a rewarding aspect of volunteering through PBPO and why so many attorneys are returning volunteers.

How to Volunteer With PBPO

We want to make it as easy as possible for you to jump in and be a part of the positive change happening in our community. Please consider joining our volunteer ranks!

Every month we send out one e-mail to our volunteers listing available volunteer opportunities, sorted by area of law and city.

Once an attorney expresses an interest in a particular matter, we schedule an introductory call between the attorney volunteer, a PBPO staff attorney, and the client. After that, the attorney volunteer works with the nonprofit client until the matter is complete. PBPO is there to support the attorney along the way – providing forms, template contracts, and advice. Additionally, we provide liability insurance for all volunteer attorneys and attorneys may also earn CLE credit for their pro bono service.

To learn more, or to fill out a Volunteer Application to receive our monthly e-mail, please visit our website: www.pbpohio.org or reach out to Marcie Hunnicutt, PBPO’s Dayton Director and Counsel: Marcie@pbpohio.org or (937) 396.2131.

Lexis Nexis and Thompson Hine Dayton attorneys participating in a Nonprofit Legal Checkup client meeting

Have a Drink With Us: Pours for PBPO

Please join the PBPO Board of Directors, Grow PBPO, staff, volunteers, nonprofit clients, and friends at our annual “Pours for PBPO” happy hour event – at home!

We are thrilled to host our first-ever virtual wine tasting featuring 3 hand-selected wines from socially conscious wineries – and PBPO will personally deliver them to your door! Enjoy a tasting with a local wine expert and the option to network with other PBPO supporters in online breakout rooms. If you can’t attend on November 12th, it’s no problem! The program will also be recorded.

Cost: $100 Date: November 12, 2020 Time: 5:30-6:30 PM Location: Your Living Room!

Register: www.pbpohio.org Special thank you to The Birch in Terrace Park, OH for providing wine expertise.

www.daybar.org

October 2020 Dayton Bar Briefs

17

50Year Honorees

Your 2020 Class of DBA Fifty-Year Honorees Year

By David C. Greer Esq. DBA Editorial Board Bieser Greer & Landis LLP dcg@biesergreer.com 937.250.7773

Neil F. Freund

Freund, Freeze & Arnold A Legal Professional Association

I

Lawrence W. Henke III.

Jonas J. Gruenberg

Judge Michael R. Merz

John H. Rion

Coolidge Wall Co., LPA

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Rion Rion & Rion, LPA, Inc.

t has been a tradition for many years to hold an annual luncheon at which we honor those members who have practiced for half a century in their profession. In this Covid-19 year of 2020 that tradition has by virtual necessity been modified to a collection of written reflections.

It may take several issues of Bar Briefs to present our honorees in this new format, but we hope the change will provide a positive way of presenting and preserving our annual honorees. If you are reading this article as a first-year member of the Dayton Bar Association, take a moment to reflect on what you are encountering. Here are distinguished lawyers who began their practice in 1970. In that year they were part of a group who heard lawyers who had started their practices in 1920.

Those 1920 lawyers had an opportunity to meet and hear from lawyers who had started their practice in 1870. Those 1870 lawyers had the opportunity to meet and hear from lawyers who had begun their practices in 1820. In 1820 Joseph H. Crane, who became Dayton’s first lawyer in 1804, was still alive. By reading the comments of the Class of 2020 you are suddenly finding yourselves in contact with every lawyer who has practiced in this community during its 224-year history.

In 1970 what is now known as the Stratacache Tower (formerly the Winters Tower, then the Kettering Tower) was constructed. James McGee became Dayton’s first African-American mayor. Walter H. Rice became a judge on the Dayton Municipal Court. Arthur Beerman who in his career had provided a continuing feast of litigation for Dayton attorneys, died. Four people were killed at Kent State University while protesting against the Vietnam War. A dispute between Art Thomas and the Dayton School Board became the prelude to the Dayton desegregation litigation which would consume ten years and two trips to the United States Supreme Court. Francis Canny, who had been a Dayton lawyer since 1913 and the United States Attorney for the Southern District of Ohio from 1922 to 1940, died.

Here is the first installment of the recollections of Dayton attorneys who started their practice here in 1970. continued on page 19

A. M. Segreti Jr. Montgomery County Common Pleas Court

18

Dayton Bar Briefs October 2020

David A. Saphire

937.222.7902

50 YEAR HONOREES continued from page 18

Year

Michael R. Merz, Magistrate Judge United States District Court in Dayton

I started my practice at Smith & Schnacke the Monday after getting my degree, at first doing securities regulation compliance, proofreading galley sheets of prospectuses at New York financial printers. I eventually gravitated to doing commercial litigation, mostly antitrust (back when the United States had a functioning antitrust law) with Jon Sebaly, who taught me to think strategically about everything I do and who is still a good friend and fellow “Dayton Book Guy.” Other important mentors from practice were Stan Freedman, who taught me how delightful word use precision can be, and Walter Porter, who taught me it is more fun to defend a legal malpractice case than to turn it over to the insurance carrier.

I was appointed to the Dayton Municipal Court in December, 1976, to fill the seat vacated by Bill Wolff. Al Sealy, my law partner and GOP County Chair, got me appointed to deny the seat to Steve Milby who had beaten Doug Ferguson in the 1976 primary and then lost the general election to Wolff. I took the bench in July 1977 and was not expected to be elected in November – S&S kept my office vacant. In the hallway of the Safety Building, Jim Gilvary heard a Dayton cop ask “What does a corporate lawyer know about criminal law?” Two years later when I taught antitrust as an adjunct, UDSL students were heard to ask “What does a municipal judge know about the Sherman Act?” I’ve been at federal court since November 1984. A magistrate judge’s work is entirely controlled by referring District Judges and my predecessor Bob Steinberg’s work was largely limited to search warrants, initial appearances, and Social Security appeals. However, Walter Rice let me have a wide range of work from the very beginning. There have been many memorable cases, but two stand out. (I hired on as a “magistrate.”

Getting “judge” added to the title in the early 90’s cost our professional association a mountain of lobbying fees.)

Hubert, Graf Deym, bought a Daimler Benz for his honeymoon in Silesia in 1937. On VE Day (May 7, 1945) the car was seized from his estate in Munich. Somehow the car got “across the pond” and into the possession of a doctor in Connecticut. In the 1990’s that doctor was getting ready to sell off his collection of pre-War German automobiles and put the car into the hands of a Dayton car restorer, Herbert von Fragstein. Von Fragstein and a potential buyer flew to Europe to persuade the Count to sell them the title for several thousand dollars.

Graf Deym, who hadn’t seen the car for fifty years, is reported to have said “Hell, no, I want my car back” and started a replevin action in the Dayton Municipal Court. Thanks to diversity of citizenship, the case was removed to federal court. Because I always got any replevin cases, it was referred, the parties consented, and the case was mine. The outcome turned on two questions: (1) Were the persons who seized the car in www.daybar.org

1945 real French soldiers or bandits in French army uniforms? (2) Was Graf Deym a citizen of West Germany on October 1, 1954? These are questions which don’t often arise in litigation, at least in our Court. To resolve them we considered all sorts of evidence, including an affidavit from the Communist mayor of Florence during WWII and transcripts of Czech denazification trials. In the end, judgment for the Count and the car went back to Europe. Having a chance to decide that case was well worth the fifty thousand plus recitations of the Miranda warnings which are also part of the job.

My quite memorable but perhaps least rewarding day on the bench was June 1, 2009. I was at the Vatican for a conference on child sexual abuse by Catholic clerics. My wife, Margot, and I were staying in Santa Marta which is the building where Pope Francis has chosen to live. As I arose, I was greeted with a New York Times story that said I had been reversed 9-0 by the Supreme Court. Adam Liptak’s lead for the story was “As a death row inmate, you know you’re in trouble when all the hostile questions come from Ginsburg (that’s Ruth Bader Ginsburg before she shortened her name to ‘RBG’) and Souter.” I had convinced the District Judge and all but one judge of the Sixth Circuit that when the State admits a defendant is intellectually disabled, that admission of fact is binding as a matter of res judicata. (At the time, of course, we said “mentally retarded.”) Not so said Her Honor. See Bies v. Bagley, 519 F.3d 324 (6th Cir. 2008); reversed, Bies v. Bobby, 556 US. 825 (2009).

It’s the only case I’ve had that reached the Court.

As for general reflections on the course of the law in the last fifty years, I wish we had not become so enamored of advertising, I wish that the Sherman Act had survived, but I have great faith in John Roberts who goes to the same church where Margot and I were married. (Roberts joined the parish after we were married. In other words, he followed us, not the other way around.) All in all, to paraphrase what Walter Rice has said so often to the Bar “I’m [still] proud to be a lawyer and you should be too.” continued on page 20

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19

50Year Honorees

Year

Jonas J. Gruenberg Partner, Coolidge Wall Co., LPA 50 years, really?

Happiness

Dennis Prager presents a program called “Happiness is a Serious Problem.” When addressing how a person’s vocation can contribute to happiness, he tells us that there are only two factors in your vocation that contribute to your happiness: (1) Do you enjoy what you do? (2) Do you find it meaningful? I’m fortunate that I can say yes to both. (1) What we do is intellectually challenging, the learning never stops; and, the socialization, internal and external, is stimulating. (2) There is tremendous satisfaction when I and the team at Coolidge Wall help individuals and community organizations achieve their worthwhile goals, which to me is very meaningful.

Mentors

I tell the young lawyers in the office to work with as many lawyers as you can. You will learn from everyone. You will learn the good, the bad and the ugly. You will collect the experiences and translate them into a style, methodology and philosophy that works for you. I had the good fortune to work with many excellent lawyers. Every lawyer I have worked with and against has been a mentor. I have great respect and appreciation for all of the partners and associates at Coolidge Wall, present and past, for their support, friendship and mentorship. While all have helped me, the two that influenced me the most in my early years were Pete Wood and Bob Womsley (current lawyers may not know either of them). Two men with very different personalities who did very different kinds of work.

Pete Wood worked primarily in dispute resolution (and sometimes dispute creation).

Pete taught me creativity (which is sometimes lacking in our profession) and precision. Pete loved complex situations that would allow him to create innovative approaches to the resolution process; and he 20

Dayton Bar Briefs October 2020

was meticulous in his preparation. Pete and I worked together on several zoning cases (among other things). In one case, which to me was a repeat of something that we had handled six months before, Pete went to the library to review the statutory context. I said to him, “Pete, we just did this six months ago and looked at these exact issues, why go back to the library?”

His answer was, “How do I know that something hasn’t changed in the last six months,” a lesson in precision. That lesson is amplified today because after practicing for 50 years so much has changed, it’s often hard to remember what we should have forgotten so that we don’t apply old rules and knowledge that are no longer correct in current circumstances. A second memorable experience with Pete was also a zoning case. He meticulously prepared his questioning of witnesses. Toward the end of the trial he was cross-examining the city manager for the city involved in the zoning dispute. After asking a series of well-crafted questions he came to the finale. After asking his question, the city manager, who was very astute, hesitated and said, “Mr. Wood, based on what I’ve previously answered there can only be one answer to that question.” Pete looked at the judge, looked back at the witness and said, “that sir is the art of cross examination.”

Bob Womsley’s practice was business and financially based with a lot of real estate, much like the practice that I’ve enjoyed.

Working with him I learned how important it is to understand the individual you are representing, to understand their motivation and objectives, and to understand the context that presents the issue. Many, if not most, are fairly straight forward, but different individuals in the same context may have different values and objectives so it is essential to understand both the person and the context.

Working with Bob was always enjoyable, and there were many satisfying achievements for us and for our clients.

Change

What has changed in 50 years? The short answer is everything and nothing. When you consider the evolution and influence of all the technologies that are now applied in what we do and how we do it, nothing is the same. 50 years ago more original thought was brought to the legal process because we didn’t have all the services and forms to tell us how we should do everything. Lawyers today often start by relying on the forms and then considering what tweaks should be made. The speed at which we work and communicate, and the client’s sense of urgency which confronts us, give us little time to think. We get an email and if we haven’t responded in an hour we get a call asking if we got the email. The only thinking time we have is when we can’t sleep at night. Keeping in mind that my practice has been an office practice (I have avoided the court room for the most part), except for the pace and the tools, the process hasn’t changed very much. We still start by understanding the client, understanding the circumstances and working with the client to determine the optimal outcome. Then begins the legal steps necessary to ensure that outcome.

Community

Another highlight of my 50 years is the non-legal side of life. I was a new kid in town when I came to Dayton and had no contacts in the community. Coolidge Wall and its clients introduced me to the opportunity to become very engaged in the community. Community engagement is important to me; and, I have had the honor and privilege to serve the community in a variety of leadership positions in the arts community, the social service community, the banking community, the hospital community, the education community, the economic development community, and the Jewish community. I have no doubt that my career and the contacts it provided facilitated these experiences and these experiences are and continue to be an important part of my continued on page 21

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50 YEAR HONOREES continued from page 20 life. I will always want to help make Dayton be a wonderful place to live. I thank Dayton and all its organizations, for the work they do and for being receptive to the participation of a new kid.

Family

Being a lawyer challenges family.

Without their understanding and support everything comes apart. I am blessed with an accepting, supportive and accomplished wife who has received many awards and accolades for her community contributions.

We have been married longer than I have practiced law. We have two terrific children, and seven even more terrific grandchildren. The stress of our• profession takes a toll on us and our families. My family has been wonderful to let me do what I do, and I appreciate their support and understanding. I hope they all know how much I love them.

The Journey

This is adapted from a prayer by Rabbi Alan Fine.

Life as a Lawyer is a Journey Passing the Bar Exam is a beginning Retirement is a destination Life as a lawyer is a journey From novice to maturity From innocence to awareness From ignorance to knowing From foolishness to discretion And then perhaps to wisdom.

From success to success And a few failures Until, looking backwards or ahead, We see that victory lies not At some high point along the way But in having made the journey Step by step, A sacred pilgrimage.

To be continued . . .

www.daybar.org

October 2020 Dayton Bar Briefs

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YLD

Rebuilding the Young Lawyers Division

T

he Young Lawyers Division is in a rebuilding year. When I first began participating in YLD functions the group was responsible for multiple charity functions, CLE programming, and multiple Bar Brief articles such as the one you are currently reading. This was in addition to monthly meetings with a diverse group of members and speakers. Since that time, the group has diminished in both participation and output; something I and my co-chair, Ebony Davenport, have been explicitly tasked with correcting.

This is my second year serving as co-chair for the Young Lawyers Division. Last year we were able to increase participation, however, those successes were cut short in March as the pandemic took hold. Nonetheless, there were valuable lessons learned and I am confident that the YLD can not only bounce back, but find new ways to engage with the community and ultimately return to the robust organization it once was. In order to do that we will not only need the help of the “young lawyers” but the not-so-young as well.

For all of the young lawyers reading this I would like you to consider two things. First, you have something to gain by participating in the YLD. There is something for everyone who is willing to put forth the time and effort. Whether you are looking to connect with other young lawyers, organize CLE courses, plan and host charitable functions, or you just need a monthly reminder that you aren’t alone, you will find it in the YLD. I have found time and again that getting together with my peers in the YLD is time well spent.

There is a camaraderie and connection found in the YLD that provides a stark contrast to the stress and difficulties of being a young lawyer.

Secondly, there is something that the rest of us gain by your presence. Whether you are sharing substantive knowledge, or venting about the trials and tribulations of being a young associate, your stories and experiences help the rest of us navigate our own practices and careers. We are all better off by your presence, regardless of how long you have been practicing, or what area of law you practice in.

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Dayton Bar Briefs October 2020

By Steven D. Strain Esq. Co-Chair YLD The VanNoy Firm sstrain@thevannoyfirm.com 937.952.5043 For the attorneys reading this who are no longer in their first few years of practice, I would like to ask for your help too. I’ve no doubt that you know a young attorney who could benefit from participating in the YLD, or maybe one who the rest of us would benefit from seeing. You may even employ a few young attorneys that just don’t see the value in being an active participant, or perhaps, don’t even know that the group exists. I want to ask that you encourage them to not only participate in the YLD, but to also start contributing. As the YLD rebuilds, there will be no shortage of tasks and responsibilities to go around. Our highest rate of participation last year was a direct result of senior partners encouraging young associates to attend meetings. As the YLD rebuilds, it will take the effort of Dayton Bar Association members both young and old to see it through.

DAYTON Bar Association

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.

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

937.222.7902

F all C ontinuing L egal E ducation October 2020 Thursday, October 1 | Noon-1pm | CLE#2021014 DBA Diversity Issues Section presents a series:

Sentencing Disparities & Dangerous Perpetuation of Racial Bias Speaker: Prof. Jelani Jefferson Exum, Detroit Mercy Law 1.0 Prof Conduct Hr Committee M $25 | M $35 | NM $45 | Paralegal $25 | Passport $0 Participants will learn the role that racial disparities - specifically sentencing disparities—play in perpetuating the racial bias that increases the daily danger of living as a Black American in the U.S. Ultimately, the goal of the seminar is to

Thursday, October 29 | 9am-10am | CLE#2021022 New Lawyer Training: Managing a Law Office from a Managing Partner’s Perspective Speaker: Richard C. Simpson, Bricker & Eckler 1.0 NLT Hr M $35 | NM $45 | Paralegal $15 | Passport $0 New lawyers should know what it takes to make them successful to rise up the ranks in their firm and how their salary is managed. They will learn how clients value their work versus how they value their work to be able to find productive use of their time. Managing a law office is much more than promoting the young lawyers with the most billable hours. Rich Simpson, former Managing Partner at Bricker & Eckler will discuss the less obvious ways a lawyer’s work is evaluated.

provide better understanding of tackling implicit bias as a means to fight sentencing and other criminal justice bias. This form of anti-racism work is essential to full and effective representation of clients.

Friday, October 9 | 9am-10am | CLE#2021017 O, O, It’s Magic What You Can Do in Office 365: Collection, Litigation Hold and More!

Speaker(s): Ray Biederman, Co-Founder & CEO Anthony Cozzi, Project Manager 1.0 General Hr M $35 | NM $45 | Paralegal $25 | Passport $0

Tuesday, October 27 | 8:45am-4:30pm | CLE#2021016 2020 Elder Law Institute Organizer: Michael Millonig, Michael Millonig, LLC Speaker(s): Various 6.0 General Hrs Committee M $150 | M $210 | NM $270 | Paralegal $105 | Passport $0 Various topics: Defining Elder Law; Medicaid for Nursing Home Residents; Countable Resources; Trusts; Gift Transfers; Estate Recovery; America's Generations; COVID-19: Latest Updates, Responses and What Long Term Care Facilities Need to Do; A Practical Perspective on Becoming and Serving as Ohio Online Notary; The Perfect Storm Brewing in Long-Term Care and Planning Strategies for Asset Protection for Clients and Avoiding Estate Recovery Q&A.

November 2020 Thursday, October 22 | Noon-1pm | CLE#2021023 Antitrust 101 Speaker(s): Nicole Callan and Edward Sharon, both WilmerHale 1.0 Gen Hr M $25 | NM $35 | Paralegal $10 | Passport $0

Tuesday, November 10 | 3pm-5pm | CLE#2021018 Special OMBAC CLE!

Law, Justice & the Holocaust: How the Courts Failed Germany Speakers: William F. Meinecke Jr., Ph.D., Historian and Ann O’Rourke, Program Coordinator 1.5 General Hrs + 0.5 Prof. Conduct Hr M $70 | NM $90 | Paralegal $35 | Passport $0

An overview of antitrust law including: Violations – Price fixing, bid rigging, etc.;

This thought-provoking program will challenge participants to examine the pressures

Enforcement; Applicable US and global laws;

facing judges, prosecutors, defenders, and police – those who are charged with the duty

and Discovery in antitrust matters.

not only to uphold the justice system but also to protect individual liberty. Participants will hopefully come away with a renewed commitment to ensuring that the rule of law in not used as a tool of oppression.

DBA Annual

al Virtu y a d 2 inar!

Web

2020 Bench Bar Conference

Thursday, November 12 | 1:45pm-5:15pm | CLE#2021019 Friday, November 13 | 9am-Noon | CLE#2021020 Both Days | CLE#2021021 2020 DBA Bench Bar Conference: Let’s Get it Right. It Could Be Life. It Could Be Death.

Various Speakers & Breakout Sessions with the Courts 2020 Bench Bar Co-Chairs: Tom Green, President, Green & Green Lawyers The Honorable Steven K. Dankof, Montgomery County Ct of Common Pleas Details on sponsoring this event,pricing and program agenda(s) on page 24 & 25.

www.daybar.org

October 2020 Dayton Bar Briefs

23

Nov 12 + 13

4.0 Gen Hrs + 2.0 Prof. Conduct Hrs

2020 DBA BENCH BAR CONFERENCE Thursday, November 12th Friday, November 13th Various Speakers & Court Breakout Sessions!

Let’s Get it Right.

It Could Be Life.

It Could Be Death.

November 12 | 1:45pm-5:15pm | CLE#2021019 November 13 | 9:00am-12:15pm | CLE#2021020 Both Days | CLE#2021021 Two-Day Event Pricing:

Early Bird Member Rate - Register by October 30 Both Days $175 Member Rate - Register after October 30 Both Days $200 Early Bird Nonmember Rate - Register by October 30 Both Days $275 Nonmember Rate - Register after October 30 Both Days $300

One-Day Only Pricing: Member $115 Nonmember $165 <2-year New Lawyers $100 Paralegals $100

FREE for Law Students

Register Online or Call! daybar.org/2020dbabenchbar 937.222.7902 DBA CLE Coordinator Ashley Likens 24 alikens@daybar.org

Dayton Bar Briefs September 2020

Zoom

Agenda Day 1 - Thursday, November 12th 1:45pm-5:15pm | 3.0 General Hrs 1:45-2:00pm | Welcome and Introductions DBA President, Fred L. Young, Shareholder, Green & Green Lawyers 2:00-4:00pm | PLENARY 1 (2.0 Gen Hrs) Picking Cotton: Our Memoir of Injustice and Redemption Speakers: Jennifer Thompson Cannino and Mark Godsey, Director of the Ohio Innocence Project The New York Times best-selling author will tell the true story of an unlikely friendship forged between a woman and the man she incorrectly identified as her rapist and sent to prison for 11 years.

This will explore the challenges of our ideas of memory and judgment while demonstrating the profound nature of human grace and the healing power of forgiveness 4:00-4:15pm BREAK 4:15-5:15pm | Court Breakout Session I (1.0 Gen Hr) • Montgomery Cty Common Pleas Court General Division Criminal/Civil | Hon. Steven Dankof • Domestic Relations Court | Hon. Tim Wood • Probate Court 5:15pm Adjourn Day 1

Agenda Day 2 - Friday, November 13th 9:00am-12:15pm 3.0 Gen Hrs incl. 2.0 Prof Conduct Hrs 9:00-11:00am | PLENARY 2 (1.0 Prof Conduct Hr) Professionalism and Ethics Speaker: Allan Ashbury, Board of Professional Conduct, Ohio Supreme Court Discuss Ohio Rules of Professional Conduct RULE 1.1: COMPETENCE [8] as it relates to technology, cases brought under review by the Board 3:00-4:00pm | PLENARY 2 (1.0 Prof. Conduct Hr) Speakers: Thomas M. Green, President, Green & Green Lawyers and Terry Posey Jr, Gottschlich & Portune, LLP Discuss attorneys being technologically proficient during COVID and beyond, tips and tricks for virtual trials, new software for virtual meetings, etc.

11:00-11:15am | BREAK 11:15-12:15pm | Court Breakout Session 2 (1.0 Gen Hr) • US District Court, Southern District of Ohio | Magistrate Judge Michael Newman • Juvenile Court • Ohio Second District Court of Appeals | Hon. Michael L. Tucker 12:15pm Adjourn Day 2

2020 B ench B ar S ponsorship 2020 Virtual Bench Bar Conference will be a 2-Day Event!

Reach Your Target Audience on Both Days of the DBA’s Most Attended & Favorite Annual CLE Event.

Take Advantage of the Value of Sponsoring this Event!

Sponsorship Deadline- October 15th

2020 VIRTUAL BENCH BAR SPONSORSHIP OFFERINGS: • FREE BENCH BAR REGISTRATIONS • VERBAL RECOGNITION DURING PROGRAM(S) • EVENT MARKETING - Your firm's logo and full OR 1/4 pg ad in Bench Bar materials - Sponsorship recognition on all Bench Bar marketing materials

• DAYTON BAR BRIEFS MAGAZINE - Sponsorship recognition with name and logo in one (1) issue of DBA Bar Briefs magazine DAYBAR. ORG

• WEBSITE RECOGNITION - Sponsorship recognition on event page of DBA website with link to firm website

• SOCIAL MEDIA + EBLASTS RECOGNITION - Sponsorship recognition with name and logo in all promotional emails for program with link to firm website

• ZOOM Preface to Bench Bar Breakout Sessions & Programs - Both Days - Your ad/logo visbile to program attendees at the start of each day of programs

SUPREME SPONSORS

$500

• Verbal sponsorship recognition at the beginning of the program • Sponsor logo at the top of Zoom as a panelist in place of DBA host video feed • 2-FREE registrations for Bench Bar • Full-page ad within materials • Sponsorship recognition with name and logo on the Event Page of the DBA website with link to your firm/company • Sponsorship recognition with name and logo on in one (1) issue of DBA Bar Briefs magazine - monthly publication • Sponsorship recognition with name and logo in all promotional emails for program with link to firm website

DISTRICT SPONSORS

$300

• 1-FREE registration for Bench Bar • ¼ page ad within materials • Sponsorship recognition with name and logo on the Event Page of the DBA website with link to your firm/company • Sponsorship recognition with name and logo on in one (1) issue of DBA Bar Briefs magazine - monthly publication • Sponsorship recognition with name and logo in all promotional emails for program with link to firm website

Email DBA CLE Coordinator Ashley Likens: alikens@daybar.org 25

From the Judges Desk

By The Honorable Mary L. Wiseman Montgomery County Court of Common Pleas

J

ury trials, civil and criminal, are occurring in the Montgomery County Common Pleas General Division. The court’s Administrative Judge, the Honorable Gregory F. Singer, entered an order on July 27, 2020 “suspending all jury trials… through December 31, 2020, except that jury trials may be conducted when unique and unavoidable circumstances are presented and considered on a case-by-case basis, including speedy trial provisions, in which case a judge shall determine whether such trials will proceed.” That important proviso in bold font allows each judge to make an assessment on each case as to whether conducting a jury trial is necessary, appropriate, and feasible. Due to that caveat, counsel should not merely assume that a matter set for a jury trial in 2020 (or beyond) will automatically be continued. Instead, counsel should assume that the matter will proceed unless and until the assigned judge has determined that the postponement of the jury trial is appropriate.

In making the matter-specific assessment of whether or not a matter will proceed to jury trial under current Covid-19 circumstances, each judge will holistically evaluate and weigh a variety of factors. Counsel 26

Dayton Bar Briefs October 2020

Jury Trials Are Occurring During Covid-19 in the General DivisionFactors, Considerations, and Protocols Every Lawyer Should Know should provide the court with the information needed to make this important determination. For my matters set for jury trials, this article lists some of the factors and considerations that I use to decide, in the Covid-19 era, whether to hold a jury trial on a matter or continue the trial. I want to emphasize that each judge has his or her own discretion, utilizing whatever factors he or she deems appropriate, and providing his or her own weighing of the many issues to be considered.

A non-exclusive list of factors that likely will be evaluated for this determination of conducting a jury trial or continuing the jury trial date includes, but is not limited to, the following: The prevailing state and local public health orders, guidance, and circumstances at the time of trial will influence the decision of whether it is appropriate and/or necessary to hold the jury trial. If the public health authorities deem it necessary to re-impose greater restrictions on social interactions and gatherings, such as the stay at home order in effect earlier this year, that expert advice will be considered and weighed. However, due to the essential nature of the court’s work, there may be circumstances where a judge may

proceed with a jury trial even under stricter public health advice or restrictions.

Whether the parties agree or disagree about going forward with jury trial or a continuance is a consideration, but not controlling. Ultimately, the assigned judge, not parties nor counsel, decides the timing issue.

However, unanimity on a course of action, or the absence of an objection to that course of action, has some bearing on the question of whether a jury trial will proceed.

Whether necessary participants for the jury trial have at risk conditions or other medical or personal considerations for the trial is an important consideration. Due to personal or familial health issues, some individuals approach potential Covid-19 exposure with greater trepidation or caution than others. An attorney with adverse underlying health conditions may view a potential jury trial much differently that an attorney with no such health conditions.

Hence, this may be a factor to consider, triggering a discussion of viable alternatives such as the use of law partners or associates to try the case. On top of medical issues, individuals (attorneys, parties, and prospective jurors) may also be experiencing challenges continued on page 27 relating to childcare,

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FROM THE JUDGES DESK: Jury Trial Occuring During Covid-19 continued from page 26 home or remote schooling of children, elder care, and other lifestyle changes that severely impact one’s availability for trial. These considerations should be brought to the attention of the court.

The age of the case and the number of prior continuances plays a role in whether a matter should proceed to trial or get continued.

Some cases simply need to be resolved by a jury trial. Some cases may have been filed long ago. Changes of counsel, interlocutory appeals, prior continuances, and a myriad of other circumstances can contribute to a matter languishing. While age alone may not be determinative, it is a fair element for each judge to consider.

The pre-existing investment, if any, by counsel or litigants for the experts or other materials needed for the jury trial and whether those sunk costs can be salvaged for use on a future trial date may be considered. Expert appearance fees, plane fare, expert witness availability, electronic evidence presentation systems, and a variety of other expenses can be associated with a jury trial, for one or more of the parties. That investment by the parties and the possible refund or recoupment of that investment is one consideration.

The anticipated length of the jury trial may factor into the decision. Shorter trials are easier and arguably pose less risk of Covid-19 transmission. Also, with or without Covid-19, a two or three day jury trial is an easier sell to the prospective jurors than a two week long or more jury trial. The longer the trial, even in normal circumstances, the greater the risk of complications. With schools and other institutions pivoting on in-person or remote attendance, life circumstances may drastically change over a short course of time, threatening the ability to keep the jury, among other participants, gathered and focused.

Future scheduling difficulties play a role in whether or not a matter can or should be continued. Due to stringent public health orders earlier this year, the court’s trial calendars are likely jammed in the near term and extending into early 2021. The shorter or more reasonable the continuance, the better, if room exists on the court’s trial calendar. Requesting a continuance, but advising that the continuance should be for an extensive period of time, makes it less likely that the requested continuance will be granted. A requested continuance of a few months may be manageable for the court, whereas a requested continuance for a year or more would be viewed negatively.

The potential consequences of the delay factor into the decision of whether or not to grant a continuance. Witnesses may disappear or pass away. Evidence may degrade over time. Certainly, memories may grow vague with the passing of time. Additionally, the delay in resolution carries direct and indirect costs to the litigants. A party may be delayed in receiving an award of damages or other relief, vital to that person or entity. The other party may be denied the opportunity for final resolution and the elimination of the stress or risk of paying damages. Hence, an evaluation the overall consequences of the delay will occur.

The global considerations listed above do not include the additional factors involved in criminal jury trials. Those additional considerations include, but are not limited to, speedy trial requirements, due process issues, impacts upon defendants and crime victims due to delay and its uncertainty, an incarcerated defendant’s Covid-19 status, and the management and pressures of a large jail population. The court will continue to give priority to jury trials for criminal matters presenting speedy trial issues and/or defendants being held in pre-trial custody.

Once a judge considers and evaluates these and other factors brought to his or her attention, the result is that certain jury trials must or should proceed. Hence, the court has adopted stringent www.daybar.org

protocols for safety. These measures, reviewed and approved by public health authorities, include social distancing, mandatory masking, intensive cleaning of courtrooms, ubiquitous hand sanitizing stations, plexiglass dividers, and state of the art Aerobiotix air sanitation/ filtration systems in the courtroom. Lawyers can expect that jury selection will use two courtrooms connected by a live video and audio feed between them, to socially distance the prospective jurors.

The jury deliberates in the courtroom, made secure and confidential, rather than the much smaller jury rooms, to facilitate social distancing. Some jurors may sit in the gallery during trial, instead of the jury box, to accomplish physical distancing. Side bar conferences may be eliminated, replaced by in-chambers discussions. Some judges may require evidence to be managed or presented in a manner that reduces handling by multiple people. In short, certain aspects of a jury trial may unfold in a manner unlike that used in the past. For this reason, lawyers with an upcoming jury trial in the General Division are encouraged to contact the court and judicial staff, sooner rather than later, to learn about those differences. Additionally, attorneys can request the videos of the dozen or more jury trials that have occurred since the Covid-19 outbreak. With this knowledge and preparation, the wheels of justice will continue to turn smoothly in Montgomery County’s General Division. Access to our justice system will continue with the safeguards needed for the health and safety of all participants.

upcoming Chancery Club Luncheons

Join us monthly for our upcoming year of luncheons!

The Chancery Club will be held virtually until further notice and we still have lined up great speakers & content.

Grab lunch from your kitchen, or take a moment in your office to network and catch up with one another!

Virtual Chancery Club Luncheon Dates:

October 2nd November 6th January 8th February 5th March 12th April 9th May 7th

RSVP to Chris: calbrektson@daybar.org October 2020 Dayton Bar Briefs

27

M embers O n T he M ove Sasha Blaine has been certified as a Specialist in Appellate Law by the Ohio State Bar Association.

FASTCASE7 LAUNCHED SEPTEMBER 21!

Full of new tools and features to help you complete smarter and faster legal research.

VISIT: apps.fastcase.com/Research/Pages/Start.aspx

RAINES

Michael J. Millonig of Michael Millonig, LLC in Dayton, Ohio has been selected for inclusion in the 27th Edition of The Best Lawyers in America in the practice area of Elder Law. Michael has also been Certified as an Elder Law Attorney by the National Elder Law Foundation since 1998, is an OSBA Board Certified Estate Planning, Trust and Probate Specialist and a member of the National Academy of Elder Law Attorneys since 1991. The practice of elder law includes preparation of wills, trusts, powers of attorney, living wills, probate, guardianships, planning for special needs children, asset protection planning from lawsuits and protecting estates from nursing home costs.

Taft Law has earned Mansfield Certification Plus status, as announced by business incubator Diversity Lab on Sept. 15. Taft was one of 102 law firms to participate in the most recent Mansfield Rule Certification process, which rigorously measured whether law firms affirmatively considered at least 30% women, racial and ethnic minorities, LGBTQ+ lawyers, and lawyers with disabilities for leadership and governance roles, equity partner promotions, formal client pitch opportunities, and senior lateral positions, as documented from July 2019-July 2020.

Attorney Discipline On May 26, 2020, J. Scott Spicer, last known address in Wilmington, Ohio was enjoined from engaging in the unauthorized practice of law in Ohio, and a civil penalty was imposed. See the Supreme Court's entry in Disciplinary Counsel v. Spicer, 2020-Ohio-3020 for additional information.

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Dayton Bar Briefs October 2020

*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

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• Classified ads are accepted each month, September through July 1 • Copy and payment must be received by the first day of the month preceding the month of publication • Bar Briefs Editorial Board reserves the right to refuse any ad • Classified ads of greater length are allowed • Members: $20 per 25 words | NonMembers: $30 per 25 words • Additional $5 for DBA reply box

October Classifieds BEAUTIFUL OFFICE SPACE AVAILABLE DOWNTOWN DAYTON Local law firm looking to share existing office space in Performance Place, next to Schuster Center.

Class A, up to 4 offices. Access to 2 conference rooms, file space, kitchen, copier/scanner. Parking under building included. Receptionist included.

Cleaning included.

Contact Amy Suber 937-913-0200

FORENSIC/REBUTTAL CLINICAL PSYCHOLOGY You do good lawyering and wonder how to deal with an unfavorable psychological report; Cf. jamesdanielbarna.com and let me help you with peer reviewed research, best practices, validity and reliability issues, and professional standards.

937-236-0085

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

www.daybar.org

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

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

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

Ad Index Daily Court Reporter..................19 Eikenbary Trust.........................22 Ferneding Insurance..................21 LCNB Bank..................................9 NFP/Rogers McNay Insurance.......7 OBLIC............................back cover R.L. Emmons & Associates............7 Security National Bank................5 Trisha M. Duff - Mediations.........21

Advertising Marketing Exposure

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Contact Shayla M. Eggleton DBA Communications Manager seggleton@daybar.org 937.222.7902

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NEED A MEDIATOR/ARBITRATOR? JOHN M. MEAGHER, Judge (Retired) Adjustable fees 25 Years Resulting in 2,100+ Mediations 50+ Arbitrations Call (937) 604-4840 Jmeagher2@gmail.com

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October 2020 Dayton Bar Briefs

29

GGDVLP reater DCayton V olunteer L awyers elebrating P ro B ono !

By Kelly A. Henrici Esq. Executive Director, GDVLP kelly@gdvlp.org 937.461.3857

T

he Greater Dayton Volunteer Lawyers Project (GDVLP) is proud to be at the center of pro bono legal services in our community – together, we are DaytonStrong. You have always given your time, talent and treasure to low-income individuals facing challenging circumstances. Last year you dug deep, as many of you assisted survivors of the Memorial Day tornados and then the Oregon District shooting. In 2020, despite personal and professional challenges navigating the COVID-19 pandemic, you have again proven your dedication to help those in our community in their darkest hours.

The VLP’s mission is to provide “innovative opportunities for attorneys to perform pro bono civil legal services to benefit persons with limited financial resources.” This year, we have woven into our mission our commitment to ensuring the safety of volunteers, staff, and clients in the provision of pro bono legal services. The GDVLP has thrived historically when large groups of people are in our offices or at a remote location connecting volunteers, clients and staff to engage in service delivery. The days of providing services in this manner came to a halt at the beginning of the pandemic and we suspect we will not return to this model of service delivery in the foreseeable future.

The community benefits because we make the focus on you, our volunteers, by developing pro bono initiatives tailored to your interests.

Want to use the talents you use in your daily practice, and extend it to the pro bono community? Or are you looking for mentorship and support as you learn about a new area of the law? Do you prefer to take on individual clients, whether in litigation or non-litigation matters, and in particular areas of the law?

Are you looking for courtroom experience, in a comfortable and supported environment?

Whatever your interest and availability, we have pro bono opportunities suited to you in our seven county service area that includes Montgomery, Greene, Clark, Darke, Miami, Champaign and Preble counties. Here are just a few of the opportunities available: 30

Dayton Bar Briefs October 2020

1. Domestic Relations.

Attorneys looking for courtroom experience but without the technology and firm resources should consider this option.

VLP staff paralegal Kathy Miller takes care of client scheduling and communications, and produces all paperwork. Kathy takes care of filing, service of process, and producing final decrees. In Montgomery County, the Court schedules all of your clients sequentially on the same morning for efficiency. Our protocols focus on uncontested divorces but should a matter become contested, it is your decision whether to continue representation or have us engage replacement counsel.

2. Bankruptcy.

VLP only assists with Chapter 7 bankruptcies and staff paralegal Sharon Igli acts as your paralegal throughout the process, similar to our handling of divorce matters.

Opportunities are also available for nonattorneys to interview clients about their debts and preparing petitions for filing by attorneys.

3. Debt Collection Defense.

Attorney volunteers “triage” client needs and then paraprofessional volunteers generate pro se paperwork or letters the clients can use to handle creditors.

4. Employment Matters.

Provide counsel and advice remotely and if a client has claims to pursue, you decide whether to represent the individual or we assign replacement counsel.

5. Probate Matters.

As with employment matters, you work with clients remotely to assess strategy. If appropriate, you provide ongoing services after the initial consultation.

6. Wills/Advance Directives.

Using our standard forms and with staff assistance, you can help low income seniors have peace of mind that comes from having these important documents.

7. Individual Representation.

Opportunities are available in a wide variety of subject areas such as foreclosure, guardianship (ward only), breach of contract and tort claims.

Our volunteers tell us all the time they get great satisfaction out of helping low income individuals with matters that give them physical, emotional and financial security and well-being. If you encounter a difficult client while providing services, we’ll have your back and together figure out a strategy to make the situation right.

While most of you get enough satisfaction from the act of volunteering, the Ohio Supreme Court lets you get one hour of CLE for every six hours served through the GDVLP, up to six CLE credits per biennium. And please know that our malpractice coverage covers your efforts, and is primary if you are already covered.

We are so extremely grateful to our volunteers in 2020. You, too, are navigating troubled waters in a COVID world yet you are carving out time to serve those less fortunate. The American Bar Association has designated October as Celebrate Pro Bono month and with everything our community has experienced this year, it is the perfect time to celebrate you, our volunteers, and thank you for all you do and will continue to do through the GDVLP. Thanks to generous support from the Eichelberger Foundation, your GDVLP has a special surprise for anyone volunteering in 2020!!

937.222.7902

L aw -R elated O rganizations Dayton Bar Foundation

Help Build 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:

- Greater Dayton Volunteer Lawyers Project (GDVLP)

- Advocates for Basic Legal Equality (ABLE)

- Legal Aid of Western Ohio (LAWO)

- Life Essentials Guardianship Program

- Law & Leadership Institute

- Wills for Heroes

Write, Call or Email: Jennifer Otchy, Chief Executive Officer Dayton Bar Foundation 600 Performance Place 109 N. Main Street Dayton, Ohio 45402 Phone: (937) 222-7902 Email: jotchy@daybar.org

University of Dayton School of Law

www.daybar.org

October 2020 Dayton Bar Briefs

31

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