Dayton Bar Briefs - September 2018 by Dayton Bar Association

The Magazine of the Dayton Bar Association |SEPTEMBER 2018 | Vol. 68, No. 1

Dayton

Bar Briefs

President's Message David P. Pierce Esq. pg 4

Honorary Barrister of the Month William "Bill" Wheeler pg 6

2018 Judicial Candidacy Evaluation Poll pg 24

Dayton

CONTENTS

Bar Briefs

September 2018 | Vol. 68, No.1

Dayton Bar Association Board of Trustees 2018 – 2019

David P. Pierce President

Hon. Mary L. Wiseman First Vice President

Fredric L. Young

Second Vice President

Cara W. Powers Secretary

Brandon C. McClain Treasurer

Cassandra L. Andres Rice Member–at–Large

Caroline H. Gentry Member–at–Large

Denise L. Platfoot Lacey Member–at–Large

Adam R. Webber Member–at–Large

Brian L. Wildermuth Immediate Past President

John M. Ruffolo, ex officio Bar Counsel

Sally Dunker, ex officio Executive Director

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

HONORARY BARRISTER OF THE MONTH: WILLIAM "BILL" WHEELER

By Chris Albrektson

FEDERAL COURT PRACTICE

Changes on the Bench of the United States Court of Appeals for the Sixth Circuit

By Michael N. Rhinehart Esq.

NEW COMMITTEE ALERT: LAW & TECHNOLOGY

10TH ANNIVERSARY WILLS FOR HEROES

By Chris Albrektson

FROM THE JUDGES DESK

DBA Adds Law & Technology to Committee Offerings

By Zachary S. Heck Esq. and Andrew L. Rossow Esq.

Limitations of the Sealing of Records

By The Honorable Timothy O'Connell

2018 JUDICIAL CANDIDACY EVALUATION POLL

Departments 11 2018 SEPTEMBER COMMITTEE MEETING DATES 12

CONTINUING LEGAL EDUCATION

31 CLASSIFIEDS Upcoming Events 7 SEPTEMBER CHANCERY CLUB LUNCHEON Fri. September 7th | Doors open 11:30am | The Old Courthouse 7

FIRST MONDAY IN OCTOBER CELEBRATION

JUVENILE COURT CERTIFICATION SEMINAR

Fri. September 21st | 8:30-4:15pm | DBA Seminar Room

ANNUAL ELDER LAW UPDATE

Sally Dunker, Executive Director Shayla M. Eggleton, Communications Manager Phone: 937.222.7902 Fax: 937.222.1308

Tues. October 30th | 8:45-2:30pm | Sinclair Community College

ANNUAL BENCH BAR CONFERENCE

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

Fri. November 9th | 8:30-3:45pm | Sinclair Community College

50 YEAR HONOREE LUNCHEON

Wed. October 10th | Doors open at 11:30am | Sinclair Community College

Paid subscription: $30 / year Library of Congress ISSN #0415–0945

Features 4 PRESIDENT'S MESSAGE Changing Times at the DBA By David P. Pierce Esq.

Dayton Bar Briefs September 2018

Mon. October 1st | 11:15am | UD Law School, Mathias Heck Courtroom

937.222.7902

Providing annual financial support and partnership in our mission to further the administration of justice, enhance the public’s respect for the law, and promote excellence & collegiality in the legal profession.

Coolidge Wall Co., LPA www.coollaw.com Founded in 1853, Coolidge Wall Co., L.P.A. is a premier resource for businesses and individuals. From our historic office in downtown Dayton, we serve clients throughout the Greater Miami Valley area and all over the world. As one of the oldest and most respected law firms in Ohio, we are trusted legal professionals with a history of obtaining results.

Faruki Ireland Cox Rhinehart & Dusing P.L.L. www.ficlaw.com With offices in Cincinnati & Dayton Faruki Ireland Cox Rhinehart & Dusing P.L.L. is a premier business litigation firm with offices in Dayton and Cincinnati. The firm’s national practice handles complex commercial disputes of all types, including class actions; antitrust; securities; unfair competition (trade secrets and covenants not to compete); employment; advertising, media and communications; attorney malpractice; data privacy and security; intellectual property and product liability. While its trial practice is national, the firm has always been, and continues to be, committed to the local legal community.

GOLD Partner

www.daybar.org

Thompson Hine LLP www.thompsonhine.com Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 7 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times. For 5 straight years, Thompson Hine has distinguished itself in all areas of Service De-livery Innovation in the BTI Brand Elite, where it has been recognized as one of the top 4 firms for “Value for the Dollar” and “Commitment to Help” and among the top 5 firms “making changes to improve the client experience.” The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTH® – a smarter way to work – predictable, efficient and aligned with client goals.

er!

rtn l Pa

a nnu A 02 DBA e a .222.79 m 7 co o be rg | 93 t r e .o unk aybar D d y l Sal er@ September 2018 Dayton Bar Briefs act sdunk t n Co

PRESIDENT'S MESSAGE

Changing Times at the DBA A

t the recent National Conference for Bar Association Presidents, I had the privilege of listening to and later meeting famed civil rights attorney, Fred Gray. While Mr. Gray discussed his past representation of Rosa Parks and Martin Luther King Jr., he also advised bar leaders to continue to look at themselves and their organizations and to effectuate change where needed. We at the DBA have already embraced the idea that we need to change. To be sure, the DBA continues to succeed and thrive and to offer great benefits for its members and for the public. In my acceptance speech as President of the Dayton Bar Association, I explained some of what the DBA does as follows:

1. We at the Dayton Bar Association work

collaboratively with lawyers and judges to maintain the highest professional standards; 2. We at the Dayton Bar Association provide countless intangible networking and mentoring opportunities that far surpass any tangible cost to our members; 3. We at the Dayton Bar Association train and teach our members to be better lawyers, for themselves, for their clients, and for the public; 4. We at the Dayton Bar Association provide programming such as Wills for Heroes and work hand and hand along with organizations like the Volunteer Lawyers Project to make sure that all of our citizens have equal access to justice; and 5. We at the Dayton Bar Association, and at other organizations like it around the country, are the very glue that preserves and holds the rule of law together in this country- and we do that by strengthening the bonds amongst lawyers, judges, and members of the public. In order to build on the success of our organization, however, the DBA Board of

continued on page 5 4

Dayton Bar Briefs September 2018

937.222.7902

PRESIDENT'S MESSAGE: Changing Times at the DBA continued from page 4 Trustees knows that we need to evolve to meet the needs of our ever-changing legal landscape. Included within the broad category of technological advances that we need to come to grips with - is the not so long ago futuristic concept of Artificial Intelligence. Additionally, we need to adapt to the reality that our members are being bombarded with third-party sales pitches and solicitations from a variety of sources at every turn. Our first steps towards change were led by Past President Brian Wildermuth. During Brian’s tenure, we hired Sally Dunker as our Executive Director. Together, Brian and Sally assembled a Strategic Planning Committee to identify at a high level the areas for potential growth and improvement. During my tenure as your President, we will begin to implement that strategic plan. Some changes will become readily apparent to you during the next year, while other initiatives will be developed this year and implemented in the future. Among the early technological changes to be rolled out will be the LawHUB and a new Lawyer Referral Service module, both of which are additions to our already brand-new website. The LawHUB is customizable and will provide members with quick access to the information and resources that are most helpful to them. The Lawyer Referral Service module will promote better access to justice in the community and connect our lawyers with potential new clients. We have also created a new Law and Technology Committee of the DBA, as we know that newer lawyers and millennials expect us to provide programming and discussion on today’s ever-changing technology issues.

www.daybar.org

When you attend DBA events, you will notice that your time and resources are respected more than ever and our programs will start and end on time. You will also be able to take advantage of new member benefits and discounts, like the health and wellness program we are currently developing. Change is also taking place behind the scenes in the form of a series of recently created working groups. In addition to the groups tasked with the aforementioned improvements, another group is in the process of evaluating whether there is a way for us to restructure bar association dues in a more beneficial way for our members. Yet another working group is focusing its efforts on improving our volunteer and community outreach efforts to better provide assistance to the public. Finally, still another group is working to improve upon our already excellent CLE offerings, to make sure that all of our members get the specialized training they will need to succeed in our changing legal landscape. I believe that most if not all of the changes we are making at the DBA will benefit us in the long run. However, I understand that some of you may be naturally resistant to those three scary letters: N-E-W. For those of you in this category, be assured that we have a plan to roll out these changes sequentially so that you will not become overwhelmed. Additionally, the DBA Staff is always available to provide you with any training or assistance you may need. Finally, as we embark on this period of change, I would ask those of you who may be hesitant to change to keep in mind the words of General Erik Shinseki: “If you don’t like change, you’re going to dislike irrelevance even more.”

September 2018 Dayton Bar Briefs

HONORARY BARRISTER OF THE MONTH

William "Bill" Wheeler

s I sit here ready to write this article on Bill, I’m not sure where to start, it seems cliché to say, let’s start at the beginning. William B. Wheeler was hired and started at the DBA on August 18, 2003 after the death of previous Executive Director Bernie Raverty. Even though he didn’t have previous Bar experience, prior to joining the DBA, Bill directed the community’s Tooling & Machining Initiative for the Toolvalley Network Foundation and the Dayton Development Coalition. The skills from those past positions more than qualified him for his new role as Executive Director of the Dayton Bar Association. Upon starting at the DBA, Bill of course wanted to know, every aspect of the operations. Those first weeks were filled with a lot of questions, in fact it became a joke between us when he sometimes asked why we did something a certain way and I had to answer, “because we’ve always done it that way”. His response was sometimes, “well let’s try it this way”. He was a fast learner and wasn’t afraid to make changes, whether it was moving a bookcase, an office, or creating a new program, he always wanted to make improvements. He always had the members in mind when making changes or additions. According to David Greer, “Bill, with patience and perseverance, deftly guided the Dayton Bar Association into the 21st century.” Nothing could be closer to the truth, when I think back to the days prior to Bill’s tenure, for example, we did not have Peek@week and blast emails, or any other e-communications for that matter. One of the first things Bill was tasked to do by the Board of Trustees, was find a new home for the Dayton Bar Association. After only being at the DBA a few months, Bill Dayton Bar Briefs September 2018

along with the building committee set out to find a new location for the offices. After surveying the membership and looking at several locations the Board of Trustees approved a new location. Once approved, Bill worked long hours to ensure the new offices would not only be functional but that the offices would also be a space/environment that the membership would feel proud to step foot in. In September of 2004 after months of planning we moved into the new offices in Performance Place. Bill often talked about those days of the “build out” while I don’t think he was anxious to ever do a project like that again, he was very proud of the offices and the work it took to get the job done. When someone came into the offices for the first time, he was always pleased to show them around. In the end his hard work and commitment continues to pay off. Whether it was working on a new or current event, or new program Bill always put much effort into it to make sure it was a success, always giving credit to others and rarely taking it for himself. No matter what, he was always very proud of the accomplishments of the Dayton Bar Association. Bill’s commitment to the members was one of the things that impressed me the most. Bill was always willing to talk to the members and hear their thoughts and ideas on projects or programs, and sometimes complaints. He listened to it all, and then tried to do what was needed to make the membership strong. Any idea a member had, Bill worked very hard to put those ideas into action. In fact, it was through those conversations that several events and programs were initiated. When Susan Blasik Miller was president of the DBA, she discussed the idea of holding an annual luncheon to celebrate those members

who passed away during the year. From that idea, the annual Celebration of Life Memorial Luncheon was created. This event has turned out to be one of the most popular luncheons and gives our members a chance to remember those we’ve lost and celebrate their lives and achievements. Bill was a family man, he talked a lot about his wife Charlene, daughter Mollie and son Mark as well as other family members. Anyone who knew him knew he was very proud of his family. He was also a golfer and member of Miami Valley Golf Club, he always joked about never being very good at golf but still loved to play. Bill was an avid Notre Dame football fan and up until the last year he and Charlene were season ticket holders and traveling to South Bend for almost every home game, and even traveling to Ireland when they played their several years ago. It was an inside joke that if they won he would be in a good mood on Monday and if not, well you get the idea. But in truth, Bill never had a bad day, or if he did, you wouldn’t know it. Even towards the end before he retired, and his cancer was winning, he would be in the office ready to do what needed to be done. Even those days when we knew he should be home resting he never gave up. Susan Blasik-Miller said it best, “Bill was the consummate gentleman, he always considered the needs of others before his own. He worked tirelessly for all of us in the DBA, He will be greatly missed.” Those remarks have been echoed by many Staff and Members throughout the years. According to Judge Kate Huffman, “Bill was the consummate gentleman. Bill was alcontinued on page 7

937.222.7902

HONORARY BARRISTER OF THE MONTH: BILL WHEELER continued from page 6 ways respectful of everyone he encountered, honorable to a fault, and always concerned about the comfort of everyone around him. My husband and I were blessed to visit with Bill a few days before he passed. His courage and humility were inspiring. At a time when anyone would likely have been dispirited, Bill was his usual self. He asked about all his friends in the legal community, talked about Notre Dame football, and praised the care he was receiving from Hospice and the selfless comfort his wife, Charlene provided. We have lost a treasured friend.” Those words have provided comfort to everyone who knew Bill and couldn’t be more true. I think Bill always worried about those around him. Just a few days before he passed away, he called me, I think to prepare me for what the next few days would bring. That conversation meant more to me than he would ever know, and only reinforced how deeply he cared about the Staff and Members of this association. I would like to close this by using a quote sent to me by past DBA President and current DBA Foundation president, Rick Perna, “It was such a joy and pleasure to work with Bill over the years. Whether at a Board or Committee Meeting, traveling for a national meeting, or just an informal lunch or get together, you could always count on Bill to make it a wonderful encounter. As most of us know so well --- Bill was a wonderful

R.L. EMMONS AND ASSOCIATES, INC. caring person, always fun to be around and a true gentleman. Working with Bill was one of the highlights of my professional career. He was a man of extraordinary energy, commitment and enthusiasm who led the DBA to new heights over the course of his tenure. His stewardship of the organization since 2003 was simply extraordinary. We owe so much of the success of our Association over the years to his steady, tireless and thoughtful leadership. I feel so very lucky to have known him as a friend and worked with him as a colleague --- we are all going to miss him very much.” Bill passed away on July 1, 2018 surrounded by his family. His journey the last year was not easy but he will always be an inspiration for his diligence, commitment and perseverance. He is thought of often and will be missed greatly.

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

By Chris Albrektson DBA Asst. Executive Dir. & LRS Director

First Monday in October Event

The Chancery Club

Luncheon

To celebrate the annual opening of the United States Supreme Court, the DBA, in partnership with the University of Dayton School of Law, will host its 6th Annual Celebration.

Monday, October 1, 2018 | UD Law School | 11:15am Speaker: Justice Pat Fischer Topic: The Reasons Judges, Other Than Those on the US Supreme Court, Also Matter.

Join us for the first Chancery Club Luncheon of the Fall! Friday, September 7, 2018 | Doors open 11:30am Catering: Franco's Ristorante Italiano seating is limited, rsvp: twright@daybar.org www.daybar.org

to register, contact tyler: twright@daybar.org or call 222.7902 September 2018 Dayton Bar Briefs

FEDERAL PRACTICE

Changes on the Bench of the United States Court of Appeals for the Sixth Circuit

he United States Court of Appeals for the Sixth Circuit, which has appellate jurisdiction over the federal district courts in Ohio, as well as the district courts in Kentucky, Michigan, and Tennessee, currently has twenty-seven judges on the bench. Sixteen of the judges on the Sixth Circuit bench at this time occupy the maximum number of active judgeships1 permitted to the Court by federal statute. The other eleven judges on the Sixth Circuit bench continue to serve after having taken senior status as permitted by 28 U.S.C. § 371 (federal judges can choose to take senior status if their years of service, plus their age after reaching age sixty-five, equal eighty). Within the past fifteen months, a quarter of the active judgeships available to the Court have been filled by President Donald Trump’s nominees, namely, Judges Amul R. Thapar, John K. Bush, Joan L. Larsen, and John B. Nalbandian. Two additional nominations have recently been referred to the Senate Judiciary Committee.2 Following the nomination of Neil Gorsuch as an Associate Justice of the Supreme Court of the United States, Judge Thapar was the second overall judicial nominee — and the first overall circuit court nominee — of President Trump’s administration.3 Judge Thapar was nominated on March 21, 2017 to fill the Sixth Circuit judicial vacancy created by the retirement Judge Boyce F. Martin, Jr.,4 who left the Court in 2013 and passed away in June 2016.5 The Senate confirmed Judge Thapar’s nomination on May 25, 2017. Immediately prior to his service as a Sixth Circuit Judge, Judge Thapar served as a District Judge for the United States District Court for the Eastern District of Kentucky and, before that, as the United States Attorney for that district.6 A 1994 graduate of the University of California, Berkeley, Boalt Hall School of Law, Judge Thapar served as a judicial law clerk for Judges S. Arthur Spiegel of the Southern District of Ohio and Nathaniel R. Jones of the Sixth Circuit. On May 8, 2017, the President nominated Judge Bush for the seat on the Sixth Circuit previously held by Judge Danny J. Boggs,7 who continues to serve the Court on senior status as of February 28, 2017.8 The Senate subsequently confirmed Judge Bush’s nomination on July 20, 2017, and he received his judicial commission on July 21, 2017. Following his graduation from Harvard Law in 1989, Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit and, most recently, 8

Dayton Bar Briefs September 2018

By Michael N. Rhinehart Esq. US District Court, Southern District of Ohio Co-Chair: Federal Practice Committee was a litigation partner in Louisville, Kentucky at the law firm of Bingham, Greenebaum and Doll, LLP.9 Judge Joan L. Larsen was also nominated for a seat on the Sixth Circuit on May 8, 2017.10 Judge Larsen’s nomination was for the seat previously held by Judge David W. McKeague,11 who took senior status on November 1, 2017. Judge Larsen received her federal judicial commission on November 2, 2017, the day following her Senate confirmation. Immediately prior to taking the bench on the Sixth Circuit, Judge Larsen served as a Justice on the Michigan Supreme Court. Upon her graduation from Northwestern University School of Law in 1993, Judge Larsen was a federal judicial law clerk for Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia from 1993 to 1994 and, subsequently, was a law clerk for United States Supreme Court Justice Antonin Scalia from 1994 to 1995.12 continued on page 9

Endnotes: 1

28 U.S.C. § 44. LIBRARY OF CONGRESS, https://www.congress.gov/nomination/115th-congress/2144 (last visited Aug. 13, 2018); LIBRARY OF CONGRESS, https://www.congress.gov/nomination/115th-congress/2146 (last visited Aug. 13, 2018). 3 Alex Swoyer, Trump’s First Circuit Judge Nominee Advances to Senate for Confirmation, THE WASHINGTON TIMES (May 18, 2017), https://www.washingtontimes.com/news/2017/may/18/amul-thapar-donald-trumps-firstcircuit-judge-nomi/. 4 FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/thapar-amul-roger (last visited Aug. 13, 2018). 5 FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/martin-boyce-ficklen-jr (last visited Aug. 13, 2018). 6 FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/thapar-amul-roger (last visited Aug. 13, 2018). 7 FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/bush-john-kenneth (last visited Aug. 13, 2018). 8 FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/boggs-danny-julian (last visited Aug. 13, 2018). 9 FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/bush-john-kenneth (last visited Aug. 13, 2018). 10 FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/larsen-joan-louise (last visited Aug. 13, 2018). 11 FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/mckeague-david-william (last visited Aug. 13, 2018). 12 FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/larsen-joan-louise (last visited Aug. 13, 2018). 2

937.222.7902

FEDERAL PRACTICE: New Judges on the 6th Circuit continued from page 8

The most recent addition to the Sixth Circuit bench is Judge John B. Nalbandian, whom the President nominated on January 24, 2018 to the seat vacated by Judge John M. Rogers,13 who took senior status on May 15, 2018.14 Judge Nalbandian was confirmed by the Senate on May 15, 2018 and received his judicial commission on May 17, 2018. Judge Nalbandian, a 1994 graduate of the University of Virginia School of Law, previously served as a law clerk to Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit from 19941995. Immediately prior to his confirmation as a Sixth Circuit Judge, Judge Nalbandian was a partner at Taft Stettinius & Hollister LLP in Cincinnati, Ohio.15 As noted above, further changes are in store for the Court in the near future. Judges Alice M. Batchelder and Deborah L. Cook intend to take senior status upon confirmation of their eventual successors.16 On June 18, 2018, President Trump nominated Eric E. Murphy and Chad A. Readler for those vacancies.17

DAYTON Bar Association

Trust

HERBERT M. EIKENBARY What is The Eikenbary Trust? The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance. Individual loans, are available up to $6,000 at 4% interest, while grants up to $4000 are also available.

How to Apply: If you would like to take advantage of these programs, contact:

Sally Dunker DBA Executive Director Dayton Bar Association 109 N. Main St., Suite 600 Dayton, OH 45402-1129 sdunker@daybar.org | 937.222.7902 | www.daybar.org

Endnotes: 13

FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/ nalbandian-john-baylor (last visited Aug. 13, 2018). FEDERAL JUDICIAL CENTER, https://www.fjc.gov/history/judges/ rogers-john-m (last visited Aug. 13, 2018). 15 Tom Latek, NKYâ&#x20AC;&#x2122;s John Nalbandian Confirmed for Appointment to the 6th U.S. Court of Appeals, Based in Cincinnati, Northern Kentucky Tribune (May 16, 2018), https://www.nkytribune.com/2018/05/nkys-johnnalbandian-confirmed-for-appointment-to-the-6th-u-s-court-of-appealsbased-in-cincinnati/. 17 Eric Heisig, Trump Nominates Ohio Solicitor, DOJ Official to 6th Circuit Appeals Court, CLEVELAND.COM, ( Jun. 7, 2018), https://www. cleveland.com/court-justice/index.ssf/2018/06/trump_nominates_ohio_solicitor.html. 18 UNITED STATES COURTS, Future Judicial Vacancies, http://www. uscourts.gov/judges-judgeships/judicial-vacancies/future-judicial-vacancies (last visited Aug. 13, 2018). 14

www.daybar.org

September 2018 Dayton Bar Briefs

LAW & TECHNOLOGY

NEW COMMITTEE ALERT:

Law & Technology Committee Co Chairs:

DBA Adds Law & Technology to Committee Offerings T

his year, the Dayton Bar Association is pleased to provide its members with a new committee to address nascent issues and opportunities as they relate to the use of technology in the legal profession. The DBA’s Law & Technology Committee is designed to provide members with information relating to the technology that affects our practice. Throughout our first year, we hope to offer CLE at many of our monthly meetings on a broad range of topics. We understand that our members have different backgrounds, different needs, and different familiarities with technology. Indeed, while some attorneys may avoid many of the tools and technologies available to them, they cannot avoid the fact that clients, opposing counsel, and courts are making use of the recent developments in video conferencing, artificial intelligence, encryption, practice management software, and trial presentation. Accordingly, we plan to offer meetings devoted to the following topics: • E-discovery • Trial presentation tools • Tech tricks to make practice easier • Privacy and data security • Intelligent document review technology • Social media • Blockchain technology and cryptocurrency developments • Drones • Paperless office

Dayton Bar Briefs September 2018

Zachary S. Heck Esq. Taft Law

Andrew L. Rossow Esq. Gregory M. Gantt Co., LPA We anticipate that DBA members from a wide range of other committees may be interested in joining us for particular meetings on topics that appeal to those individuals. We welcome anyone and everyone interested in joining us; the more the merrier! Indeed, this committee is designed to appeal to all members of the Dayton Bar as law students, paralegals, litigators, judges, clerks, transactional attorneys, solo practitioners, large firm partners, and everything else in between. We will use the email list serve from the DBA Website to not only send reminders about upcoming meetings, but also to circulate pertinent articles, advisory opinions, trade reports, and judicial opinions that have a substantive impact on the subjects we cover from month to month. Our hope in this first year is to serve as a one-stop-shop for anyone interested in learning more about how technology affects, assists, and hinders the legal profession. We will invite speakers from both the legal profession as well as local businesses and industry leaders to provide a wide array of insights and experiences. The Law and Technology Committee will meet at the DBA Offices on the fourth Wednesday of each month, beginning on Wednesday, September 26 at noon. Our first meeting will begin by polling attendees on topics and areas of interest, and will be followed by a presentation on ethical pitfalls for attorneys relating to data privacy and cybersecurity. If you would like to join our committee, simply visit http:www. https://www.daybar.org/ and select the “Join a Committee” option from the “Committees” tab. Find the Law and Technology Committee from the list, and click “Submit.” We hope that DBA Members find something of interest in our slate of speakers and topics this year, and we hope to see all of you at our first meeting this month.

937.222.7902

september committee meetings 1st Tuesday at Noon September 4, 2018

Young Lawyers Division

1st Tuesday at Noon September 4, 2018

Estate Planning, Trust & Probate Law

1st Wednesday at 4pm September 5, 2018

Public Service & Congeniality

Same Friday Chancery Club @11am September 7, 2018

Appellate Court Practice

2nd Wednesday at Noon September 12, 2018

Environmental Law

Bimonthly, 2nd Wednesday at Noon September 12, 2018

Domestic Relations

2nd Thursday at 4pm September 13, 2018 @ Fly Boys Deli, Oakwood

Real Property

2nd Thursday at Noon September 13, 2018

Civil Trial Practice & ADR Criminal Law & Its Enforcement 2nd Tuesday at 5pm

September 11, 2018 @Dublin Pub, Jameson Room

3rd Wednesday at Noon September 19, 2018

Labor & Employment Law

Workers Comp' & Social Security

2nd Tuesday at 5:30pm September 11, 2018 @ Cocos Bistro

3rd Thursday at Noon September 20, 2018

Federal Practice

4th Wednesday at Noon September 26, 2018

2 Wednesday at Noon September 12, 2018 nd

Law & Technology

join: daybar.org/committees

Diversity Issues

september agendas: ESTATE PLANNING, TRUST AND PROBATE COMMITTEE presents:

CIVIL TRIAL PRACTICE COMMITTEE presents:

DOMESTIC RELATIONS COMMITTEE presents:

STABLE Accounts in Ohio

Story-Telling As Part of Trial Presentation

Meet-N-Greet

Wednesday, September 5, 2018 4:00-5:00pm 1.0 Hr CLE General, Optional CommitteeM $25 | M $35 | NM $45 | PP $0 Speaker: Nicholas Hancart, Public Affairs Liaison of Josh Mandel, Treasurer of Ohio Join the Estate Planning Trust and Probate Committee as we discuss STABLE Accounts. A STABLE Account is a savings and investment account available to eligible individuals and provides tax-advantaged savings and investment opportunities to individuals with disabilities without risk of losing means-tested benefits. Specifically, we will discuss: basics, eligibility, qualified expenses, setup, tax, investments, contributions and withdrawing money.

www.daybar.org

Tuesday, September 11, 2018 5:00pm Location: Dublin Pub’s Jameson Room Speaker: David Greer Esq.,

Thursday, September 13, 2018 4:00-5:00pm Location: Flyboys Deli, Oakwood, OH

Bieser Greer & Landis LLP

The purpose of the meeting is to 1) meet and greet; 2) discuss future programming; and 3) entertain constructive or destructive criticism from DBA members and guests regarding the Common Pleas Court’s handling of civil trial matters.

Don't miss this meet and greet and opportunity to socialize with other members of the DBAs Domestic Relations committee. During this meeting, committee chairs and members will be planning for future meetings and topics.

September 2018 Dayton Bar Briefs

september 2018 cle Estate Planning Trust & Probate Law Committee presents: STABLE Accounts in Ohio

Recent Ethics Violations & the Ethical Perils of Social Media (video replay)

Wednesday, September 5, 2018 4:00pm-5:00pm | 1.0 CLE Hour (optional) Committee M $25 | M $35 | NM $45 | P $0 Speakers: Nicholas Hancart, Public Affairs Liaison of Josh Mandel, Treasurer of Ohio

Thursday, September 27, 2018 9:00am-12:15pm | 3.0 Professional Conduct CLE Hours M $105 | NM $150 | P $0

Join the Estate Planning Trust and Probate Committee as we discuss STABLE Accounts. A STABLE Account is a savings and investment account available to eligible individuals and provides tax-advantaged savings and investment opportunities to individuals with disabilities without risk of losing means-tested benefits. Specifically, we will discuss: basics, eligibility, qualified expenses, setup, tax, investments, contributions and withdrawing money.

House Bill 390: Revamping Ohio’s Foreclosure Process (video replay) Friday, September 28, 2018 9:00am-12:15pm | 3.0 CLE Hours M $105 | NM $150 | P $0

Psychological Testing and Malingering in Litigation: Forensic Application of the MMPI-2 Malingering Thursday, September 20, 2018 Noon-1:00pm | 1.0 CLE Hour (optional) Committee M $25 | M $35 | NM $45 | P $0 Speakers: Keli A. Yee, PSy.D.

cle save the dates:

The MMPI-2 is the most widely used forensic psychological assessment tool in the world. It is translated into dozens of languages and used across the United States is many adjudicative environments. Psychologist Keli Yee, Psy.D. will discuss how this test is administered and how its results might be bolstered or challenged. She will also talk about psychological malingering, and how psychological experts can identify the symptoms of malingering.

Juvenile Court Attorney Certification Training Seminar *see page 13 for details Friday, September 21, 2018 8:30am-4:15pm | 6.25 CLE Hours M $215 | NM $300 | P $0 Speakers: Judge Anthony Capizzi; Tiffany Dulin; Dorian Davis; Magistrate Todd Calaway; Magistrate Gerald Parker; Mellissa Duke-Jones Esq.; Julie Bruns Esq.; Darlene Powell; Brad Baldwin Esq.; Brett Jung; Magistrate Kim Harshbarger; Jane Novick Esq.; Jewell Goode; Michelle Grodner; Magistrate John Kolberg; Michelle Gross and Tamara Mannix The Montgomery County Juvenile Court maintains a list of trained attorneys from which it appoints attorneys to advocate the position of and ensure the protection of rights of the client they represent. In order to be placed on the Court's appointment list, an attorney must complete the Court’s Attorney Certification Training.

November 9, 2018 Annual DBA Bench Bar Conference November 29, 2018 Appellate Practice Update: Appellate Issues, Advocacy & The Criminal Appeal December 5, 2018 A Civil Trial - Tips from the Pros: Do's and Dont's from the Bench, Cross Examination in a Personal Injury Case December 11, 2018 Federal Practice Update with the Judges December 13, 2018 Judge Langer’s 2018 Criminal Law Update Seminar

view all cle details: daybar.org/cle 12

Dayton Bar Briefs September 2018

937.222.7902

Friday, September 21, 2018

6.25 CLE Hrs

DBA Seminar Room

Juvenile Court

Attorney Certification Training Seminar Friday, September 21, 2018 8:30am - 4:15pm | 6.25 Hrs

The Montgomery County Juvenile Court maintains a list of trained attorneys from which it appoints attorneys to advocate the position of and ensure the protection of rights of the client they represent. In order to be placed on the Court's appointment list, an attorney must complete the Court’s Attorney Certification Training.

AGENDA: 8:30am - 8:45am Juvenile Court Information Judge Anthony Capizzi, Montgomery County Juvenile Court

8:45am - 9:45am Before Charges Go Official: Intervention Center, Satellite Courts and Disproportionate Minority Contact Diversion Program Tiffany Dulin, Intervention Center; Dorian Davis, Intervention Center

9:45am - 11:00am Charges Have Been Filed: Legal Practice and Adjudication Issues Magistrate Todd Calaway, Montgomery County Juvenile Court; Magistrate Gerald Parker, Traffic Docket, Montgomery County Juvenile Court; Mellissa Duke-Jones Esq., Assistant Montgomery County Public Defender; Julie Bruns Esq., Assistant Prosecuting Attorney

11:00am - 11:15am Break 11:15am -12:30pm Post-Adjudication and Disposition: Probation, Sealing, Expungement of Juvenile Records Darlene Powell, Director, Montgomery County Juvenile Court Probation; Brad Baldwin Esq., Private Counsel; Brett Jung, Intervention Center

12:30pm - 1:15pm Lunch (on your own) 1:15pm – 3:00pm Legal Practice in Custody Court / Working with Children Services Magistrate Kim Harshbarger, Montgomery County Juvenile Court; Jane Novick Esq., CASA; Jewell Goode/Michelle Grodner, Montgomery County Children Services; Magistrate John Kolberg, Montgomery County Juvenile Court

3:00pm – 3:15pm Break 3:15pm – 4:45pm Attorney Billing; Parentage and MTI Docket/Child Support Michelle Gross,Legal Dept. Administrative Secretary; Tamara Mannix, Legal Dept. Administrative Secretary

Pricing: Member $215/$230 day of NonMember $300/$315 day of Passport $0 Printed Materials $30 *Order by September 17th *Materials will be available in digital format free of charge.

4:15pm Adjourn www.daybar.org

September 2018 Dayton Bar Briefs

october 2018 cle The Drones Are Coming! An Overview of Current Law and Future Trends

Mandatory Estate Efiling Wednesday, October 3, 2018 4:00pm - 5:00pm | 1.0 CLE Hour Committee M $25 | M $35 | NM $45 |P $0

Wednesday, October 24, 2018 12:00pm -1:00pm | 1.0 CLE Hour M $35 | NM $45 |P $0 oSpeaker: Caroline H. Gentry, Porter Wright Morris & Arthur LLP

Appointed Appellate Counsel Seminar (video replay)

Friday, October 19, 2018 9:00am - 12:15pm | 3.0 CLE Hours M $105 | NM $150 | P $0 Those who should attend: Attorneys currently on the appellate appointed counsel list, attorneys interested in being added to the appellate appointed counsel list, and any attorneys who might benefit from learning about the appellate process in appointed cases.

Every year, commercial unmanned aerial vehicles (UAVs, also known as drones) become more prevalent in a number of industries, including real estate, construction, geoscience, and agriculture. Federal Aviation Administration regulations allow businesses to fly small UAVs but do not govern privacy, tort law or criminal lawâ&#x20AC;&#x201D;so state and local governments are stepping in. What legal issues do businesses face and what trends should they anticipate? This presentation will provide an overview of current law and future trends relating to commercial drones.

This CLE is related to criminal appointed appeals. Topics discussed will include tips on how best to represent indigent clients, the Anders brief process, summaries of significant Second District cases, appointed counsel fee documents, a survey of appellate practice in Ohio, and the appellate process from a prosecutorâ&#x20AC;&#x2122;s perspective.

Annual Elder Law Update

Dayton Bar Briefs September 2018

*see page 15 for details Tuesday, October 30, 2018 8:45am - 4:30pm 5.0 General CLE Hours, 1.0 Professional Conduct CLE Hours M $215 | NM $300 | P $30 Location: Sinclair Community College, Building 12 Lunch and Parking included in registration! oSpeakers: Michael Millonig, Porter Wright Morris & Arthur LLP & Robert J. Byrne, Assistant Attorney General lAttorneys looking for insight into various areas of elder lllaw. This seminar will provide a look into the aging demographic and the various programs- both legal and medical - that are available to assist that demographic. Special Guest Speaker, Robert J. Byrne, Assistant Attorney General will present on Medicaid Estate Recovery.

937.222.7902

Tuesday, October 30, 2018

6.0 CLE Hrs

Sinclair Community College

Annual

Elder Law Update Tuesday, October 30, 2018 8:45-4:30pm 5.0 General CLE Hours + 1.0 Professional Conduct CLE Hour

Attorneys looking for insight into various areas of elder law. This seminar will provide a look into the aging demographic and the various programs - both legal and medical - that are available to assist that demographic. AGENDA: 8:45am-9:45am Defining Elder Law; Medicaid Coverage for Nursing Homes; Countable Resources and Exempt Resources Michael J. Millonig, Esq.: Certified as an Elder Law Attorney by the National Elder Law Foundation, OSBA Board Certified Estate Planning Trust and Probate Specialist; C.P.A. Inactive.

9:45am-10:45am The Changing Landscape of Long Term Care Insurance As America ages, senior care options are beginning to make the headlines. Eighty million baby boomers are beginning to grapple with one major health expense that could wipe out their financial portfolio: long-term care. Randolph W. Gallas, CLTC, LTCP, Long Term Care Insurance Agency, LLC in Kettering, Ohio.

10:45-11:45am BREAK 11:00am-12:00pm Care Planning for Difficult Decisions in Elder Care Jan L. Welsh, Owner of Special Care for Older Adults, LLC, CMC, LPC, CRC; Board Member and Advanced Professional Member of the Aging Life Care AssociationÂŽ

Special Guests: Michael J. Millonig Esq. Certified Elder Law Attorney and

Robert J. Byrne

Assistant Attorney General

Pricing:

Member $215/$230 day of NonMember $300/$315 day of

12:00pm-1:15pm Lunch

Passport $30

1:15pm-2:15pm Medicaid Estate Recovery

Printed Materials $30 *Order by October 19th *Materials will be available in digital format free of charge.

Robert J. Byrne, Assistant Attorney General

2:15pm-3:30pm The Robertson Case and other Ethical Issues in Probate Practice Edward M. Smith of Nolan, Sprowl & Smith

3:15pm-3:30pm BREAK 3:30pm-4:30pm Planning Strategies for Asset Protection for our Clients, Avoiding Estate Recovery Michael J. Millonig Esq.

4:30pm ADJOURN www.daybar.org

September 2018 Dayton Bar Briefs

november 2018 cle Criminal Rules by the Number: Pretrial Proceedings Thursday, November 1, 2018 8:30am - 11:45am | 3.0 CLE Hours M $105 | NM $150 | P$0 oSpeaker: Hon. Mary K. Huffman, Montgomery County Common Pleas Court

dba cle savings Introduction to Cybersecurity: Standard Care for Lawyers and Their Clients Wednesday, November 14, 2018 12:00pm - 1:00pm | 1.0 CLE hour M $35 | NM $45 |P $0 oSpeaker: Lindsay M. Johnson, Freund Freeze & Arnold

This first part of a three-part series on the Ohio Criminal Rules will focus on pre-trial proceedings. This session is an important primer on the Ohio Criminal Rules for anyone practicing criminal law. The topics to be covered in this first session include: • Crim. R. 6 – The grand jury. Crim. Rule 7 – The indictment and the information • Crim. R. 8 – Joinder of offenses and defendants. Crim. R. 13 and 14 – Trial together of indictments or information or complaints and relief from prejudicial joinder • Crim. R. 15 – Depositions • Crim. R. 16 – Discovery and inspection. Crim. R. 17 – Subpoenas. Crim. R. 17.1 – The pretrial conference • Crim. R. 11- The plea

Discussion of current cybersecurity attacks and trends, noteworthy case law, and cybersecurity standards of care for lawyers and their clients.

www.daybar.org/cle

DBA CLE Passport Get your CLE the Easy Way! Available for purchase to DBA members Valid during your membership year DBA CLE Passports are on sale for a limited time only! SALES END SEPTEMBER 2018 Take advantage of the best deal in CLE! DBA Member CLE Advantage: - Purchase CLE Unlimited Passport for $525 - Purchase CLE 12-Hour Passport for $295 - Receive substantial savings on DBA Seminars - Passport doesn’t expire until June 30, 2019

Not a DBA Member Yet? Join today and add the DBA CLE Passport to your online cart and start saving today! View Full list of Terms & Conditions Online: www.daybar.org/DBACLEPassport 16

Dayton Bar Briefs September 2018

Questions:

Jennifer J. Otchy jotchy@daybar.org (937) 222.1308

937.222.7902

Friday, November 9, 2018

5.75 CLE Hrs

Sinclair Community College

26th annual

DBA Bench Bar Conference

LAWYERS:

The Gatekeepers of Justice, Fairness and Democracy? Friday, November 9, 2018 | 8:30am-3:45pm 5.75 CLE Hours, including 1.0 Hour of Professional Conduct EARLY BIRD SPECIAL Register By October 26th : Member $175 | Nonmember $275 | Passport $30 After October 26th: Member $200 | Nonmember $300 | Passport $30 Location: Sinclair Community College, Building 12 Lunch and Parking Included in Registration! www.daybar.org

109 N. Main St., Ste. 600, Dayton, OH 45402 September 2018 Dayton Bar Briefs

1 Honoree Luncheon 9 6 8 celebrating our members who have been in practice for 5 decades!

Wednesday, October 10th Doors open 11:30am Sinclair Community College

50Year

Ray A. Cox

James P. Hickey

William H. Seall

Dayton Bar Briefs September 2018

Gary L. Froelich

Michael H. Holz

Ralph A. Skilken Jr.

J. Michael Herr

Hon. John W. Kessler

Hon. William H. Wolff Jr.

937.222.7902

By Chris Albrektson DBA Asst. Executive Dir. & LRS Director

his year marks the 10th anniversary of the Wills for Heroes program at the DBA. Its so hard to believe that on June 7, 2008 the Dayton Bar Association became the first Bar Association in Ohio to hold this event and as of today, we remain the only Bar Association to hold Wills for Heroes events. In the 10 years since that first event, the Dayton Bar has held a total of 41 events in Montgomery and four surrounding counties, including an event at the Ohio Fire Chiefs Convention in 2013 where we had the opportunity to help 1st responders from around the state. In the past 10 years, volunteers have helped create 1,426 sets of documents for both Wills for Heroes and Wills for Vets. I’ve said this before and I will say it again, I couldn’t do this program without the help of our amazing DBA members who come out and support this great cause. Judge Erik Blaine and Lauren Epperley help train new volunteers before each event. Even though Mary Beth Rutledge has recently retired, she is going to keep her license and malpractice

www.daybar.org

insurance active, so she can help with this program. I should also mention she has been at almost every event we’ve held, no matter what location the event was in. Also, a thank you goes out to Eli Sperry and his wife Sara who have also helped at almost every event. These are just a few of the countless volunteers who have stepped up to help, their help is truly a dedication of respect to our areas first responders. I would be remiss if I didn’t Thank the DBA Staff, ED Sally Dunker, the Board of Trustees and the DBA Foundation for their help and support with these events. Again, I couldn’t do it without you. In my roll, as State Coordinator for the Ohio Wills for Heroes, I have had a chance to talk to many first responders around the state. This past May, I was invited to help a former DBA member hold small event in Westerville Ohio. Westerville is a community that only weeks before had two officers killed in the line of duty. Talking to those first responders and seeing the pain they were still feeling, only reinforced the need for this program not only in the Dayton/Montgom-

ery County area but around the state. I’m hopeful that in the next several months we will be helping our friends at the Toledo Bar Association hold their first event. Within the last two years, we have branched out and with the help of VLP, Legal Aid and the Dayton Chapter of the Federal Bar Association we have started holding a Wills for Vets event. This year will be the third year for this event and our Nations Veterans are again truly grateful for the service you help provide. If you would like to volunteer for an event, please contact me at the DBA, I’d be happy to walk you through the process and add you to the team. If your schedule doesn’t allow you to volunteer, please take a hint from my 12-year-old grandson who has helped with the program since he was 3, if you know a first responder, simply ask them if they have a will, if they say no, have them call me. Thank you, Dayton Bar Association Members, for a great 10 years. Here’s looking to the future.

September 2018 Dayton Bar Briefs

FROM THE JUDGES DESK

Limitations of the Sealing of Records

n occasion, attorneys are approached by clients with an interest in sealing a record of arrest or criminal conviction. Typically, the client is interested in having a sealing of his or her record for purposes of enhancing employment opportunities. The client wishes to answer the common employment application question regarding prior criminal convictions in the negative. Generally, the lawyer and client are primarily concerned with the issue of eligibility. If after review the attorney finds the client eligible, everyone is happy. In a rather routine fashion the application is filed and the court will approve the record sealing. The client may then proceed with some confidence that she can answer the criminal conviction question on employment applications with a “no”. A fairly recent case from the Ohio Supreme Court raises the wisdom of tempering clients’ expectations by discussing with the client the possible problems with an order sealing the record. The order does not necessarily obtain the result of enhanced employment opportunities the client may expect. Ohio law indicates a person may be questioned only with respect to convictions not sealed, unless the question bears a direct and substantial relationship to the position for which the person is being considered.1 So, R.C.2953.33(B) acknowledges that in certain circumstances – when questions directly and substantially relate to the position for which the applicant is being considered – applications may require the applicant to disclose any prior conviction, even if sealed. The type of employment that almost immediately comes to mind when this

Dayton Bar Briefs September 2018

exception is raised is school employment. With regard to school employment there is statutory authority for the proposition that it is presumed for a question about convictions there is a direct and substantial relationship to the position for which the person is being considered. Therefore, employment applications from the Ohio Department of Education and State Board of Education can contain a question about sealed criminal convictions. If an applicant does not answer that question truthfully there is grounds for termination. Other areas of State and local government employment do not have the express statutory presumption of direct and substantial relationship, but many argue that they have practical or actual direct and substantial relationship with respect to the position and prior crimes. Some examples are the ADAMHS board or the MRDD board. The case of Gyugo v. Franklin Cty. Bd. Of Developmental Disabilities addresses the matter of limitation of sealing of a record. It points out the nuances of the law and how it can be relevant material over an extended period of time. In 1995 Gyugo applied for employment with the Franklin County Board of Developmental Disabilities. The employment application asked three separate questions as to whether he had ever been convicted of or plead guilty of a crime, even if sealed. He answered “no” to these three questions. Gyugo was aware of the board’s policy manual which provided for disciplinary action, including termination, for giving false information on an employment application. Over the years, as Gyugo renewed his adult-service worker registration, he always

By Hon. Timothy O'Connell Montgomery County Common Pleas Court

answered “no” relative to the prior conviction questions. In 2013, the board learned of the sealed conviction and terminated Gyugo for dishonesty and misrepresenting his past criminal record on the application for employment and on the certification renewal request. Gyugo appealed his dismissal to the State Personnel Board of Review (“SPBR”) which ultimately upheld his termination. Gyugo appealed to the Franklin County Court of Common Pleas which affirmed the SPBR order, as did the 10th District Court of Appeals. The Ohio Supreme Court took the case on discretionary appeal and held, the registration-application questions explicitly requiring disclosure of sealed convictions did not violate R.C.2953.33(B)(1) and the board could discipline Gyugo for failing to disclose his conviction when answering those questions on the applications. The court also stated, a sealed conviction is not permanently irretrievable, however; it is “shield[ed] from the public’s gaze,” but not for all purposes… For example, R.C.2953.32(D)(8) authorizes the bureau of criminal identification and investigation (“BCI”) to inspect sealed records in order to find information about an application for employment to any county board of developmental disabilities pursuant to R.C.109.57.2 continued on page 21

Endnotes: 1

R.C.2953.33(B)(1). Guygo v. Franklin Cty. Bd. Of Developmental Disabilities, 151 Ohio St.3d 1, 2017-Ohio-6953, at ¶15. 2

937.222.7902

FROM THE JUDGES DESK: Limitations of the Sealing of Records continued from page 20

The court indicated that at all times relevant to this case, former R.C.2953.33(B) (now R.C.2953.33(B)(1)) limited application questions about sealed convictions: “In any application for employment, license, or other right or privilege…, a person may be questioned only with respect to convictions not sealed…unless a question bears a direct and substantial relationship to the position for which the person is being considered.” Importantly, for our purposes, R.C.2953.33(B) acknowledges that in certain circumstances – when a question is directly and substantially related to the position for which the applicant is being considered – applications may require applicants to disclose any prior conviction, even if sealed.3

COURT ANALYSIS

The employee made an interesting and, arguably, creative argument in support of his position that termination was not appropriate. Gyugo argued that the R.C.2953.33 incorporation of the statute related to the board of education and department of education demonstrated that a board or agency other than the department of education or the state board of education must affirmatively assert in an application the questions about sealed convictions bear a direct and substantial relationship to the position or license sought. The Ohio Supreme Court did not agree. The court held that the exclusion of the department of education and the state board of education from R.C.2953.33(B)’s limits says nothing about the obligation of agencies that are subject to those limits. R.C.3319.292 indicated that the state board of education and the department

www.daybar.org

of education may question an applicant for issuance or renewal of any license with respect to any criminal offense committed or alleged to have been committed by the applicant. The statute further indicated that if the record of conviction had been sealed the state board or the department did not need to assert or demonstrate that its questioning with respect to the offense bears a direct and substantial relationship to the issuance or renewal of the license or to the position in which the applicant will work under the license. The Ohio Supreme Court indicated this second sentence simply clarified the first sentence. The court stated that other boards or agencies may have to defend the relationship between the application question and a particular position, if challenged. The court said that neither R.C.3319.292 nor its incorporation as an exception to R.C.2953.33(B) suggests that those other boards and agencies must affirmatively demonstrate the required relationship on the application itself. Gyugo proposed that the employment application specifically list all offenses that would bear a direct and substantial relationship to the position sought. The Ohio Supreme Court indicated that the content of the application was within the department’s statutory and regulatory discretion. The court found the department was not able to list every offense that might be directly and substantially related to the position because, in light of its fact-intensive, case by case analysis, a particular offense might be sufficiently related to require disqualification in some circumstances but not in others. The Ohio Supreme Court concluded that the prior-conviction application questions explicitly requiring a disclosure of sealed

convictions bore a direct and substantial relationship to Gyugo’s position, for which registration as an adult-services worker was required. Determination of both Gyugo’s qualifications for employment by the board and qualifications for the required adultservices registration involved consideration of Gyugo’s criminal history, including convictions that had been sealed. Therefore, the application questions were directly and substantially related to Gyugo’s position as a training specialist and registration as an adult-services worker.4 Counsel advising a client with regard to sealing of a record of a prior arrest or conviction should advise the client that it is not fail-safe. Counsel needs to advise the client that there are certain types of employment where the perspective employer can ask about convictions that are sealed and the client would have to disclose. The general rule is that a person may be questioned only with respect to convictions not sealed. However, if the question bears a direct and substantial relationship to the position for which the person is being considered it may be asked. Further, the application does not have to specifically list all sufficiently related offenses.

Endnotes: 3

Id at ¶ 16. Gyugo v. Franklin Cty. Bd. Of Developmental Disabilities, 151 Ohio St.3d 1, 2017-Ohio-6953, p. 36. Portions of this article printed with the permission of Judge D. Chris Cook, Lorain County Court of Common Pleas - General Division, Elyria, Ohio. 4

September 2018 Dayton Bar Briefs

UDSL LAW LIBRARY

Tigerland: Race, Law, Justice, and High School Basketball Author Wil Haygood Discussion at the University of Dayton

By Susan Newhart Elliott Professor and Director of Zimmerman Law Library University of Dayton School of Law

Tuesday, September 25, 2018 | 7:00pm

University of Dayton Speaker Series: Wil Haygood, "MLK, RFK and the Ohio Championship Season That Made History" Tuesday, September 25th | 7:00pm Kennedy Union Ballroom Co-sponsored by the Office of Diversity and Inclusion Schedule: 7:00 - 8:30pm Speaking Event with Q&A (KU Ballroom) 8:30 - 9:00pm Book Signing (KU Lobby)

Tigerland – 1968-1969: A City Divided, a Nation Torn Apart, and a Magical Season of Healing, by prize-winning author and journalist Wil Haygood, is a feel-good, underdog high-school sports story. It is also a detailed and unsparing indictment of the state of race, law, and justice in Columbus, Ohio, in the late 1960s. Haygood weaves together the various components masterfully and with great passion. Each component enriches the others and deepens the reader’s understanding of the full, complex story. Haygood has previously written about race and sports, including Sweet Thunder: The Life and Times of Sugar Ray Robinson (2009). He has also written about race and law, most notably in Showdown: Thurgood Marshall and the Supreme Court Nomination That Changed America (2015 Dayton Literary Peace Prize finalist). These works, and biographies such as In Black and White: the Life of Sammy Davis, Jr. (2003) and King of Cats: The Life and Times of Adam Clayton Powell, Jr. (1993), are about national figures, national stories. 22

Dayton Bar Briefs September 2018

The 1960s were a volatile decade, and in 1968 and 1969, when Tigerland is set, there were many big national and international stories splashed across the front pages of American newspapers: the war in Vietnam, the assassinations of Martin Luther King and Robert Kennedy, the 1968 Civil Rights Act (the Fair Housing Act), student protests and race-related violence. After King’s assassination, riots broke out in over 100 cities. In our nation’s capital, the flames, looting, and violence reached to within blocks of the White House before order was restored by almost 15,000 federal troops and National Guardsmen. Haygood notes that “[m]any stories above the Mason Dixon Line got lost in the hard rolling of southern history.” In Tigerland, Haygood, who grew up in Columbus, Ohio, sets out to tell one of those stories. The story of the Columbus East High Tigers in 1968 and 1969 is ultimately uplifting and redemptive, but it cannot be appreciated without understanding the context against which that story played out. It was not that in Columbus, Ohio, law operated to ensure greater racial and social justice than elsewhere. Columbus public schools remained segregated more than a decade after the Supreme Court ruled in Brown v. Board of Education, 347 U.S. 483 (1954) that “[s] eparate educational facilities are inherently unequal.” Haygood details the historical discrimination in housing and real estate

ownership, the careful placement of schools according to the racial composition of surrounding areas, and the gerrymandering of school district lines that effectively resulted in all-black and all-white schools. It would be another decade before the United States Supreme Court would, in Columbus Board of Education v. Penick, 443 U.S. 449 (1979), enjoin the Columbus City School District from continuing to discriminate on the basis of race in the public schools and would order a system-wide desegregation plan. And, of course, while the schools remained separate, the facilities not equal. The resources available to Columbus East High teachers, as well as the building and grounds, were markedly inferior. The improbable success of the Columbus East Tigers’ basketball and baseball teams in 1968 and 1969 rested on the combined efforts of a devoted and indefatigable school principal, great coaches, and extraordinarily gifted student athletes. Jack Gibbs was the first African-American high school principal in Columbus. The school district did employ African-American teachers – but only if there was an opening in one of the all-black schools. Even after they attained sufficient seniority to request specific locations, African-American teachers were assigned to all-black schools. After Gibbs, continued on page 23

937.222.7902

UDSL LAW LIBRARY: TIGERLAND continued from page 22

based on sterling credentials and superior performance, was named vice principal of East High, he was passed over twice for the principal’s position in favor of white candidates, until Ohio State football coach Woody Hayes (for whom Gibbs had been a walk-on, reserve player) personally intervened in the next hiring process. As principal of Columbus East High, Gibbs dedicated himself to the school and to his students. He established high standards and demanded individual accountability. He kept tabs on student conduct inside and outside of school, providing help where it was needed. He built a network of business, church, and community leaders to support school efforts. When Gibbs drove through the streets in the evenings, he called out students who were in the company of hustlers, pimps, gamblers, dealers, or other miscreants and imposed penalties at school. It is impossible to imagine that today a public school administrator could do what Gibbs did, but he succeeded in

www.daybar.org

establishing an educational structure that allowed the Tiger teams – and the students who made up those teams – to thrive, despite economic and social disadvantage. The basketball and baseball coaches, both white, accepted Gibbs’ approach to education, and no small part of their success was due to their intimate knowledge of and concern for the individual team members. There was remarkable talent on the 1968 and 1969 teams. Eddie “Rat” Ratleff, who starred on both the basketball and baseball team, would eventually play on the 1972 Olympic basketball team. Garnett Davis would be drafted by the New York Mets. However, the backgrounds of the boys on those teams were remarkable only in terms of economic and social disadvantage. Most of their families had come from the South, having fled economic deprivation and injustice in hopes of better lives in the North. Their fathers were largely absent, some incarcerated. Their mothers struggled as domestic workers to raise their children. Haygood succeeds in conveying not only the material challenges, but the charged emotional atmosphere – the devastating effect of the assassination of Martin Luther King on communal and individual hopes for the future, the fears that kept mothers from allowing their children to visit relatives in the South, lest they meet the fate of 14-year-old Emmett Till, who was lynched in Mississippi after supposedly offending a white woman (and whose 1955 murder case was

reopened this year after an admission of falsified testimony). Despite the talent, success was improbable. As the East Tigers’ success continued, the community took notice. First it was the local neighborhood, where pictures of players began to appear in store windows, alongside portraits of Martin Luther King. By the time the Tigers reached state finals (after beating some notable Dayton teams), the games were sell-outs, with cheering supporters from all around Columbus, the governor in attendance, and pictures of the victorious teams on the front page of the Columbus Dispatch. Tigerland is a triumph as a sports story and as social history, against which law and justice must be judged. The book is due to be released in mid-September. On Tuesday, September 25, the Dayton community will have a special opportunity to learn more about this work. Wil Haygood will discuss Tigerland at the University of Dayton at 7:00 p.m. He will be joined by Michael Carter, Chief Diversity Officer at Sinclair Community College.

September 2018 Dayton Bar Briefs

2018 DBA Judicial Candida

*These results reflect the opinions of 229 DBA Members (16%), who responded to th There are a total of (3) contested Judicial races in Montgomery County on November 6, 2018: Judge of the Court of Common Pleas (1) Term Begins 1/6/19 • Judge Erik R. Blaine • Magistrate Gerald Parker Judge of the Court of Common Pleas (1) Term Begins 7/1/19 • Kate Bowling • Mary Montgomery Judge of the Court of Common Pleas- Juvenile Division (1) Term Begins 1/1/19 • Judge Jeffrey Rezabek • Helen Wallace

RATING SCALE: A = Excellent B = Above Average C = Average D = Below Average X = No Response/No Opinion A = Very Knowledgeable of Candidate B = Somewhat Knowledgeable of Candidate C = No Knowledge of Candidate X = No Response

Montgomery County Common Pleas Court Judge Contested Race Legal Ability Integrity/ Impartiality

Judge Erik R. Blaine

Administrative Capacity Professionalism/ Temperament Knowledge of Candidate - how well do you know candidate?

*TERM COMMENCING JANUARY 6, 2019

18.3%

15.2%

27.0%

10.9%

28.3%

27.9%

14.8%

17.0%

9.6%

30.5%

22.7%

13.5%

20.9%

7.4%

35.2%

30.1%

14.4%

19.2%

9.1%

27%

34.4%

39.7%

11.7%

13.9%

229 DBA Members Responding (16%) Legal Ability Integrity/ Impartiality

Magistrate Gerald Parker

Administrative Capacity Professionalism/ Temperament Knowledge of Candidate - how well do you know candidate?

25.3%

28.8%

7.8%

1.3%

36.6%

41.9%

16.5%

4.8%

1.7%

34.9%

27.9%

20.9%

5.2%

1.3%

44.4%

49.7%

10.9%

4.3%

1.3%

33.5%

40.1%

26.2 %

19.2%

14.4%

229 DBA Members Responding (16%) 24

Dayton Bar Briefs September 2018

937.222.7902

acy Evaluation Poll Results

he Judicial Candidacy Evaluation Poll and do not represent the position of the DBA.

Montgomery County Common Pleas Court Judge Contested Race Legal Ability Integrity/ Impartiality

Kate Bowling

Administrative Capacity Professionalism/ Temperament Knowledge of Candidate - how well do you know candidate?

*TERM COMMENCING JULY 1, 2019

19.2%

14.8%

14.4%

3.4%

47.9%

24.0%

11.7%

11.3%

4.8%

48.0%

18.7%

11.7%

8.7%

3.0%

57.5%

27.5%

10.4%

10.0%

3.9%

47.9%

24.0%

30.5%

31.0%

14.4%

229 DBA Members Responding (16%) Legal Ability Integrity/ Impartiality

Mary Montgomery

Administrative Capacity Professionalism/ Temperament Knowledge of Candidate - how well do you know candidate?

24.8%

20.0%

8.7%

3.9%

42.3%

27.9%

10.9%

8.2%

9.1%

43.6%

25.7%

12.6%

7.4%

4.3%

49.7%

28.3%

13.9%

9.1%

8.2%

40.1%

34.4%

25.3%

23.1%

17.0%

229 DBA Members Responding (16%) www.daybar.org

continued on page 26 September 2018 Dayton Bar Briefs 25 JUDICIAL POLL 2016

2018 Judicial Candidacy Evaluation Poll Results RATING SCALE: A = Excellent B = Above Average C = Average D = Below Average X = No Response/No Opinion

*These results reflect the opinions of 229 DBA Members (16%), who responded to the Judicial Candidace Evaluation Poll and do not represent the position of the DBA.

A = Very Knowledgeable of Candidate B = Somewhat Knowledgeable of Candidate C = No Knowledge of Candidate X = No Response

Montgomery County Common Pleas Court Judge -Juvenile Division

Contested Race

*TERM COMMENCING JANUARY 1, 2019

Legal Ability Integrity/ Impartiality

Judge Jeffrey Rezabek

Administrative Capacity Professionalism/ Temperament Knowledge of Candidate - how well do you know candidate?

17.9%

22.2%

17.9%

6.1%

35.7%

20.5%

17.0%

16.1%

10.0%

36.2%

18.3%

14.8%

16.1%

7.4%

43.2%

19.6%

16.5%

13.9%

15.2%

34.4%

39.7%

27.9%

16.1%

229 DBA Members Responding (16%) Legal Ability Integrity/ Impartiality

Helen Wallace

Administrative Capacity Professionalism/ Temperament Knowledge of Candidate - how well do you know candidate?

17.4%

12.2%

3.0%

54.9%

21.8%

11.7%

8.7%

2.6%

54.9%

17.9%

10.9%

8.7%

3.4%

58.8%

20.9%

9.6%

10.4%

3.9%

54.9%

23.1%

34.9%

18.7%

229 DBA Members Responding (16%) 26

Dayton Bar Briefs September 2018

937.222.7902

Departures and Arrivals: Retirements Bring Fond Farewells To Longtime Common Pleas Court General Division Personnel and a Warm Welcome to New Court Administrator

By Hon. Mary L. Wiseman DBA First Vice President Montgomery Cty Common Pleas Court

he Common Pleas Court General Division had several longtime employees retire this summer. These employees include:

Phyllis Treat, Bailiff to Judge Barbara Gorman

Stella Auzenne, Judicial Assistant to Judge Dennis Langer Sherri Peterson, Bailiff to Judge Timothy Oâ&#x20AC;&#x2122; Connell

Vanessa Carter, Assistant Court Administrator Jim Dare, Court Administrator

Each of them brought experience, knowledge, training, humor, and kindness to their roles with the court. Each of them will be missed. Stepping aboard as the General Divisionâ&#x20AC;&#x2122;s new court administrator, Steve Hollon brings a diverse background in court administration. His experience includes working for the Supreme Court of Ohio and the Second District Court of Appeals. The General Division will benefit from his vast knowledge of court operations. These retirements and replacements reflect a dynamic in the bar. The bar is both shrinking and aging. We are experiencing a period of greater retirements by lawyers as the baby boom generation ages. In turn, Gen Xers and millennials are assuming roles of bar and firm leadership. If you happen to align in age with the baby boom era, you should be giving thought to succession planning for your practice, in addition to other traditional aspects of retirement planning. This planning is especially important for sole practitioners and those in small firms. Shuttering or transferring an active law practice takes time and careful thought. During your next visit to the courthouse, you likely will see some new faces (or familiar faces in different roles). Please help make our new team members feel at home. Share your war stories and suggestions with them. Together, we will continue to provide Montgomery County with the best General Division in Ohio.

www.daybar.org

September 2018 Dayton Bar Briefs

law-related organizations Dayton Bar Association Foundation

Your generous gift will make a difference. The DBA Foundation is the charitable giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBA Foundation 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 - Advocates for Basic Legal Equality (ABLE) - Legal Aid of Western Ohio (LAWO) - Life Essentials Guardianship Program - Law & Leadership Institute - Tejas K-12 Gallery - NCCJ Police and Youth Camp - Wills For Heroes

To obtain more information about the Dayton Bar Association Foundation

Write, Call or Email: Sally Dunker, Executive Director Dayton Bar Association Foundation 600 Performance Place 109 N. Main Street Dayton, Ohio 45402 Phone: (937) 222-7902 Email: sdunker@daybar.org

University of Dayton School of Law

Dayton Bar Briefs September 2018

937.222.7902

Greater Dayton Volunteer Lawyers Project

How I Spent My Summer By Ellen Florek Miami University Class of 2019 Political Science | Special Education | Social Justice Studies University Academic Scholars Vice President University Honors Program

or the past 10 weeks I have spent my weekdays interning at the Greater Dayton Volunteer Lawyers Project. My summer has been full of new and unique experiences, all of which have been valuable in their own ways. While it is hard to briefly describe all of the wonderful things I did during my time at the Volunteer Lawyers Project, I can touch upon some of the highlights. The Greater Dayton Volunteer Lawyers Project’s mission is to provide innovative, meaningful pro-bono opportunities to attorneys while serving low-income individuals in need of civil legal services. One of the main services the GDVLP provides is divorce work. On my first day I came in and was immediately invited into client interviews, which left me feeling a little overwhelmed at first. However, the staff at the GDVLP helped me gain my bearings and from there I hit the ground running in domestic relations. I quickly became very familiar with the world of divorce and domestic relations court, through filing motions with the clerk’s office, attending court hearings, observing interviews with attorneys, and more. Many of the clients who are seeking divorces come from situations involving domestic violence and abuse, so seeing how the staff at the GDVLP and the volunteer attorneys treated these clients with such respect and care truly impressed me. From this work I have developed a new interest in domestic relations law, which is something I had never considered myself interested in before. Another large part of my summer was also spent working on debt collection defense and bankruptcy cases. I learned the ropes of debt collection defense and Chapter 7 bankruptcies through observing counsel and advice meetings for clients with debt collection issues, interviewing clients myself, and helping prepare bankruptcy petitions using the BestCase software. Many clients came in burdened by insurmountable debts, often medical in nature, and faced garnishment, repossession or even foreclosure. These situations often seemed like overwhelming, uphill battles with no end in sight. However, when the GDVLP helped them manage or even discharge their debts, I could see how much this work benefitted people’s lives. While I don’t see myself interested in bankruptcy and debt collection defense in the future, I have found an appreciation for the work and its ability to help people rebuild their lives. My favorite parts of this summer always involved listening to clients’ stories and seeing the attorney create a plan to help them. I often observed this during the employment and probate clinics. Both of these clinics frequently tugged at my heart strings, as clients would become emotional talking about their situations. Our volunteer attorneys demonstrated such

www.daybar.org

empathy in their responses; they gave their best advice and even offered to accept the client for further service. While these clinics were incredibly informative regarding the ins and outs of employment and probate law, they taught me even more about being a compassionate attorney. In my opinion having these soft skills is what makes a good attorney a great one, and every volunteer for GDVLP I have met exhibits these skills. Even in the few cases where no legal recourse was available, the client still left feeling better. I felt the client really just wanted to feel heard, and the attorney’s attentiveness and respectfulness alone gave the client some closure. My summer vacation with the Greater Dayton Volunteer Lawyers Project has helped me find my path as a future attorney. The connections, experiences, and knowledge I have gained from this time will definitely travel with me through law school and as I embark on my own career in law. The work that the GDVLP does is so valuable to the community, and I feel lucky to have been a part of it this summer. I’m going to miss my time at the GDVLP with Kelly, Kathy, Christina and Tom, but I am excited to begin my senior year at Miami University in the fall and see what is next for me.

*Every 6 hours of pro bono service through an approved pro bono provider will give you 1 hour of CLE credit to a maximum of 6 hours of CLE credit (36 hours of pro bono). GDVLP will send your hours to the Ohio Supreme Court and notify you of the same. Please return this form to VLP: By Mail: 610 Performance Place, 109 N. Main St., Dayton OH 45402 By Fax: to (937) 461-4731 By Phone: (937) 461-3857 By E-mail: kelly@gdvlp.org Name:________________________________________________ Firm:_________________________________________________ Address:______________________________________________ Preferred County for Pro Bono Service:_____________________ Phone:_______________________ Fax:____________________ Email:________________________________________________ Attorney Registration #:__________________________________ September 2018 Dayton Bar Briefs

DAYTON Bar Association

members on the move

MEMBERS ON THE MOVE: If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or have other news to share, we’d like to hear from you! News of CLE presentations and political announcements are not accepted. Members on the Move announcements are printed at no cost, and must be submitted online: https://www.daybar.org/MembersOnTheMove and are subject to editing. Also, please send a current, high-resolution, directory-style photo to accompany your announcement. These accouncements are printed as space is available. If you have questions, contact DBA Communications Manager, Shayla M. Eggleton: publications@daybar.org.

COX

America’s Top 100 LLC has selected Faruki Ireland Cox Rhinehart & Dusing PLL (Faruki+) Partners Jeff Cox and Erin Rhinehart to be included in its national “America’s Top 100 High Stakes Litigators” list. Cox and Rhinehart join Faruki+ Managing Partner Jeff Ireland on the list. Only 100 attorneys in each state are named among “America’s Top 100 High Stakes Litigators” on an annual basis. Candidates for “America’s Top 100 High Stakes Litigators” must have litigated a matter of at least $2 million in alleged damages or with the fate of a business worth at least $2 million at stake.

shareholder with the firm, concentrates his practice in the areas of construction law, environmental law, land use planning, zoning, real estate law and municipal law. Pickrel, Schaeffer & Ebeling Co., LPA, serving clients for over 100 years, would like to congratulate Alan on this outstanding accomplishment.

The law firm of Coolidge Wall Co., L.P.A. is pleased to announce that Zachary B. White has joined the firm as an associate in its Litigation Department. Zach focuses his practice on working with clients to resolve disputes arising from business operations and transactions. He also helps clients with initial business formation, corporate governance, and all other matters relating to day-today business operations. Before joining Coolidge, Zach worked for a well-respected law firm in Canton, Ohio, where he gained significant experience helping clients navigate business disputes, and when necessary, initiate or defend lawsuits. He also assisted clients with corporate formation and governance, sales tax compliance, and a variety of other transactional matters.

RHINEHART

HUDSON

McMURRY

SCHAEFFER

Green & Green, Lawyers is pleased to announce the addition of Jeannine E. Hudson as Associate Attorney. Originally from Cleveland, Ohio, Jeannine graduated from the University of Toledo College of Law in 2013. While in law school Jeannine was a chair member in Toledo’s Moot Court program and was a member of the Order of the Barristers, a national honorary organization focused on oral advocacy and brief writing skills. Prior to joining the firm, Jeannine worked as a trial attorney with Montgomery County Prosecutor’s Office. In that capacity, she successfully tried felony cases, ranging from high level drug cases to violent crimes. She currently focuses her practice in general litigation.

Dinsmore & Shohl LLP has expanded its Dayton office with the addition of Glen McMurry to the firm’s partnership. McMurry focuses his practice on corporate law and commercial litigation. McMurry’s experience includes handling business, finance and contract disputes, employment issues, construction claims and mergers and acquisitions. Prior to joining Dinsmore, McMurry was a partner at Dungan & LeFevre. He’s a national director with the Federal Bar Association and is admitted to practice before the U.S. Supreme Court.

Pickrel, Schaeffer & Ebeling, Co., LPA is pleased to announce that Alan Schaeffer has been selected by his peers for inclusion into the 2018 edition of The Best Lawyers in America. Only 4% of attorneys are given this prestigious award. Attorneys that have received the Best Lawyers in America recognition are chosen based on professional excellence with persistently impressive ratings from clients and peers and only 4% of US attorneys are given this prestigious award. Alan B. Schaeffer, a

Dayton Bar Briefs September 2018

WHITE

WILLIAMSON

David P. Williamson, Partner with Bieser, Greer & Landis LLP, has received a DayTony award from the Dayton Theatre Hall of Fame and a Murphy award from the Dayton Theatre Guild as Best Actor in a Leading Role for his performance as Joe Keller in Arthur Miller’s play, “All My Sons”. The DayTony awards are given annually to recognize outstanding theatrical performances from among various Dayton area theatres while the Murphy award is given to the outstanding performance of the Dayton Theatre Guild season. Dave’s next turn treading the boards will be at the Dayton Theatre Guild on Wayne Ave. the weekends of November 16 and 23, in “The Man Who Killed The Cure”.

be sure to follow us! @Dayton_Bar

@DaytonBarAssociation

937.222.7902

classifieds For info concerning Classified Ad and Display Ad Space in the Dayton Bar Briefs or any other DBA Publication (Discount Rates available!), contact DBA Communications Manager, Shayla M. Eggleton: publications@daybar.org.

LOCAL COURT RULES Dinsmore & Shohl is pleased to announce that 98 of its attorneys from Ohio were recently selected by their peers for inclusion in the 2019 edition of The Best Lawyers in America®. Additionally, 11 Ohio attorneys received “Best Lawyers® 2019 “Lawyer of the Year” designations. In each city, one lawyer from each practice area is honored as the “Lawyer of the Year.” The attorneys received the honor based on reviews by earning a high level of respect among their peers for their abilities, professionalism and integrity. Ohio’s Best Lawyers® 2019 “Lawyers of the Year” in Dayton is, Lisa S. Pierce (Corporate Law). The Dinsmore attorneys selected for Best Lawyers® guide, who are from the Dayton office include: James E. Beyer - Patent Law Richard A. Broock - Corporate Law Frederick J. Caspar - Corporate Law; Litigation - Trusts and Estates; Litigation and Controversy – Tax; Tax Law; Trusts and Estates Richard J. Chernesky - Corporate Law; Litigation - Mergers and Acquisitions; Mergers and Acquisitions Law Thomas L. Czechowski - Commercial Litigation; Litigation – Construction; Litigation - Labor and Employment Karen R. Dillon - Real Estate Law Kimberly Gambrel - Copyright Law; Patent Law; Trademark Law James F. Gottman - Copyright Law; Patent Law; Trademark Law Timothy W. Hagan - Patent Law Ralph E. Heyman - Corporate Law; International Mergers & Acquisitions; Tax Law; Trusts and Estates Timothy D. Hoffman - Environmental Law; Litigation – Environmental Edward M. Kress - Corporate Law; Litigation - Real Estate; Real Estate Law William J. Leibold - Antitrust Law; Corporate Law; Litigation – Antitrust Matthew A. Molloy - Patent Law Lisa S. Pierce - Corporate Law B. Joseph Schaeff - Copyright Law; Litigation - Intellectual Property; Trademark Law Merideth A. Trott - Real Estate Law Thomas P. Whelley II - Commercial Litigation; Employment Law – Management; Labor Law – Management; Litigation - Labor and Employment; Litigation - Mergers and Acquisitions David R. Wickham - Litigation - Trusts and Estates; Trusts and Estates Philip A. Zukowsky - Tax Law

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

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

OFFICE SPACE 1204 East Dorothy Lane: Four offices available at $500/month/office. Furnished or unfurnished. Take one, two, three or four offices. Rent includes all utilities, two remodeled baths, secretarial area, reception area, conference room; about 2400 sq. ft. Email dave@SchmidtDayton. com for info and pics.

OFFICE SPACE FOR LEASE Professional office space for lease on South Dixie, south of Dorothy Lane. Great location, convenient parking, large conference room, generous lease terms, other amenities. Offices are about 120 sq ft in size, starting at $400.00 per month. Contact Greg at (937) 294-2468 x205 or greg@ranac.com. FORENSIC CLINICAL PSYCHOLOGIST James Daniel Barna, Ph.D., J.D. 47-years experience 2nd opinions Expert rebuttal witness jamesdanielbarna.com All Courts (937) 236-0085

FEUER

GILDNER

HANN HARRISON MULLINS

REED

UNGERMAN

WOODS

Taft Stettinius & Hollister LLP is pleased to announce that 167 Taft attorneys were selected for inclusion in Best Lawyers in America® 2019, up eight from 2018. Taft was also recognized as Top Listed in 16 areas in Ohio and Indiana. The Dayton office is proud to announce the following 7 attorneys were recognized. Mark Feuer - (15), Employee Benefits (ERISA) Law, Litigation and Controversy – Tax Lance Gildner - (5), Litigation and Controversy – Tax, Tax Law Jennifer Hann Harrison - Employment Law – Management, Litigation – Labor and Employment, Workers’ Compensation Law – Employers Jeffrey Mullins - (10), Employment Law – Management, Labor Law – Management David Reed - (10), Real Estate Law Fred Ungerman - (5), Employment Law – Individuals, Employment Law – Management, Labor Law – Management, Labor Law – Union, Litigation – Labor and Employment Lowell Woods - Litigation – Construction www.daybar.org

ad index

Eikenbary Trust......................................9 Ferneding Insurance............................21 LCNB Bank..............................................23 National Processing Solutions.............5 OBLIC.......................................back cover R.L. Emmons & Associates.....................7 Thomas P. Whelley II Mediations..........9 Trisha M. Duff - Mediations.................19 September 2018 Dayton Bar Briefs

109 N. Main St., Suite 600 Dayton, OH 45402â&#x20AC;&#x201C;1129 ADDRESS SERVICE REQUESTED

PRSRT STD U.S. POSTAGE PAID CLEVELAND, OH Permit No. 362