November, 2011 Volume 6, Issue 4

2011 Clambake Bowl Bradley versus Duff

On September 28, 2011, the Lorain County Bar Association held the Clambake Bowl at Tom's Country Place. The teams were well-matched and both played their hearts out in front of about 50 spectators and cheerleaders, with Judge Christopher Rothgery officiating. The score went back and forth and, in the fourth quarter with pouring rain, it was still anyone's game. However, Team Bradley scored the last touchdown with just seconds left and won with a score of 59 to 51. Congratulations to Team Bradley who took home the win and the Clambake Bowl Trophy: Coach, Jack Bradley, Joe Falbo, RJ Budway, Michael Stepanik, Mallory Holmes, Tamie Myers, Chris Cook, Wayne Nicol, Mike Wilson, Henry Patterson, Rob Bennett, Tony Giardini, Nathan Manning, Jenso Soto, and Patrick Riley. Also, congratulations to Team Duff for a game well-played. Coach, Mike Duff, Tony Cillo, Richard Ramsey, Phil Truax, Brian Darling, Angela Wu, JD Tomlinson, Mike Kinlin, Tom Stringer, Scott Strait, Paul Kocsis, Robert Gaffney, Mike Tony, Anthony Baker, Judge Mihok and Mark Provenza. After the game everyone went inside and enjoyed a delicious clambake dinner from Tom's Country Place. The food was excellent and we completely sold out with 116 people attending. What a fabulous evening. THANK YOU to the following for making this event possible: Wayne Nicol - Our very own football commissioner. Nurenberg, Paris, Heller, & McCarthy and New Health Concepts (Dr. Jame Bedocs) for sponsoring this event. LCBA Bar Counsel Chris Cook for supplying the 'beverages'. Tamie Myers for picking up and returning the 'beverages'. Mike Duff and Jack Bradley for outfitting our referee. Lastly, thank you to the players for providing fantastic entertainment and a nail-biting ending. We hope you weren't too sore on Saturday. That last thing we heard from Coach Duff was 'REMATCH! So, we are looking forward to next year's game.

Presidents Message

Tom Theado

As I've emphasized in my prior Newsletter articles, the goal of this year's Executive Committee on which I am proud and happy to serve, with Tim Lubbe, Barb Butler, Kurt Anderson, Judge Joe Cirigliano, Andrea Kryszak, Jennifer Riedthaler-Williams, Frank Janik, and Dan Gibbons - is to deliver to our membership more and better member benefits while making more money for our Association. You'll have to wait till the next Newsletter for me to wade into the finances, as a current snap-shot of the Association's accounts wouldn't present a fair picture since the Association's duesrelated income pours in during the months of July through September and we should allow some time for the offsetting expenses to catch-up. Which is not to say there's nothing to say - I am really excited by the steps we've already taken at improving our Association's delivery of member benefits! WERE IMPROVING OUR BARS COMMITTEE AND SECTION STRUCTURE. Too often the Lorain County Bar Association's various committees and sections have been left to fend for themselves and, while some have thrived, others have languished, and that structure has not been able to provide our membership with the practice pointers, substantive learning, networking opportunities, and social occasions which our committees and sections can offer. In my address to the Bar at our Association's June 3 Annual Meeting, I emphasized that the Executive Committee and I would be reviewing the entirety of our Bar Association's committee and section structure, with an eye toward improving that structure so as to better serve our membership. After formulating a set of proposals, the Executive Committee called a meeting of our Association's Section and Committee Chairpersons for September 23 - that meeting's results have proved very promising, as the attendance was impressive, discussion sincere, and suggestions valuable, with a positive going-forward plan formed. At the September meeting of the LCBA Chairs, we discussed proposed changes and improvements to the LCBA Sections and Committees. With regard to LCBA Sections, the proposals discussed included that each Section would . . . Contribute two articles per calendar year for publication in the Association's Newsletter; Organize, staff, and present one LCBA CLE seminar per calendar year; Conduct four meetings of the Section per calendar year; Provide to the LCBA's President annually by a date certain (which date will be a topic of discussion) the Section's recom mended nominees for Section Chair and Vice Chair/Secretary and any such other officer-type positions which the Section membership considers appropriate, which nominees will be passed upon by the Executive Committee; and Determine whether the Section will charge a fee for membership in the Section (which monies will be held by the LCBA in a separate account for the Section's behalf), with such fees then being for the Section's sole use.
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Executive Committee: Thomas Theado - President Timothy Lubbe - Vice President Barbara Aquilla Butler - Treasurer Kurt Anderson - Secretary Joseph Cirigliano Andrea Kryszak Jennifer Riedthaler-Williams Daniel Gibbons Frank Janik

Lorain County Bar Association 401 Broad Street, Suite 205 Elyria, Ohio 44035 Phone: 440-323-8416 Fax: 440-323-1922 Email: lcba@windstream.net Web: www.loraincountybar.org

As for our LCBA Committees, we discussed the method by which Committee Chairpersons are to be chosen (such as that proposed for LCBA Sections); the establishing and implementing of minimum-attendance policies; and the method by which Committee membership is to be determined. At the conclusion of our September meeting, I asked that all the Chairs go back to their section or committee, discuss these issues with their members, and then provide their responses to me no later than November 30, 2011. The responses have already started to come in, and Ill have more to report on those developments in my next article. But I can already see that this years Sections and Committees present the finest set of choices our membership has ever had. I urge each of our Members to actively participate in a Section or a Committee Ive listed each below, with its Chairperson(s) and her/his contact information. Each Section focuses on the area of law with which it is concerned, substantive and procedural developments in that area, and programs to assist its members in meeting the demands and expectations of that practice. Ive provided below a short description of each Committees purpose. JOIN A COMMITTEE OR SECTION TODAY! JOIN ONE OF EACH!! E-MAIL THE CHAIR TODAY!!! SECTIONS Bankruptcy Law Business Law Criminal Law Domestic Law Employment Law Foreclosure Law Juvenile Law Municipal & Governmental Liability Law Negligence Law Probate and Trust Law Real Estate Law Taxation Law

Jim McClain - mcclain2@eriecoast.com Kevin Donovan - kdonovan@fkwdlaw.com Denise Wilms - denisewilms@aol.com Daniel Gibbons - dangibbons@windstream.net Robert White - rwhite@fkwdlaw.com Zachary Simonoff - zsimonoff@simonofflaw.com Charlita Anderson White - charlitad@hotmail.com David Graves - dgraves@oh.rr.com Andrew Young - ayoung@nphm.com David Wiersma - dwiersma@wickenslaw.com Connie Carr - csc@kjk.com and Jack Kilroy - johnpkilroy@gmail.com Steve Chavez - schavez@fkwdlaw.com

COMMITTEES Admission to the Bar - Chris Cook - cooklaw@centurytel.net Conducts character and fitness interviews and determines ethical and professional suitability of Lorain County law students who have applied to take the Ohio Bar Exam. Court Relations - Kate Lenz - klenz@loraincounty.us Serves as the liaison between the attorneys and the bar, consulting annually with the countys judges for judicial concerns visa-vis the bar, and being the Bar Associations agent for the receipt and initial handling of attorneys concerns vis-a-vis the bench. Fee Arbitration - Zachary Simonoff - zsimonoff@simonofflaw.com Serves as a sub-committee to the Lorain County Bar Associations Legal Ethics & Grievance Committee to arbitrate fee issues submitted to the LCBA by attorneys and by clients. Law Day and Community Relations - Andrea Kryscak - akryszak@lessingandkryszak.com and Jen Riethaler-Williams - bella6204@hotmail.com Provides information to the public to promote understanding about the law, the legal profession and legal institutions. The Committee initiates and organizes activities to promote public aware of legal issues and topics including the annual Law Day luncheon, the John Mercer Langston Memorial Essay Contest, mock trial competitions, public speaking, and other community activities. The Committee provides public interest announcements on legal matters.
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 Provides information to the public to promote understanding about the law, the legal profession and legal institutions. The Committee initiates and organizes activities to promote public aware of legal issues and topics including the annual Law Day luncheon, the John Mercer Langston Memorial Essay Contest, mock trial competitions, public speaking, and other community activities. The Committee provides public interest announcements on legal matters. Legal Ethics and Legal Grievances - Steve Meckler - SMeckler@spikemeckler.com Kreig Brusnahan (eff. 1/1/12) - allaw@centurytel.net Serves as a Certified Grievance Committee pursuant to Rule V of the Supreme Court Rules for the Government of the Bar of Ohio. Mentorship - Tom Theado - TomTheado@GNTLawcom Matches volunteer mentors with new attorneys to provide assistance regarding practice issues. Merit Review of Judicial Candidates - Paula Kuhn - paula@kuhnlaw.net Conducts an anonymous, written poll of all LCBA members as to the qualifications of candidates for Lorain County judicial offices, as well as the Ninth District Court of Appeals. Twenty percent of LCBA members must return evaluations of a par ticular candidate before he/she will be scored. Based upon the results of the poll, a candidate is then 'Highly Recommended, 'Recommended, or 'Not Recommended' by the LCBA. The areas of evaluation, and the scoring, are in accordance with criteria established by LCBA. Results are disseminated to local media. New Lawyers - Andrea Kryszak - akryszak@lessingandkryszak.com and Kristina King - kking@fkwdlaw.com Assesses and addresses the needs of lawyers who have recently begun the practice of law. Paralegal - Contact Jeannie Motylewski at LCBA@windstream.net Addresses issues and concerns that are unique to paralegals or legal assistants, and the attorneys who work with them. The Committee shall be chaired by a voting member of the LCBA and co-chaired by an associate (paralegal) member. Social - Tim Lubbe - tlubbe@loraincounty.us Plans and organizes social events of the LCBA. Sole Practitioners/ Small Law Firms - Lee Belardo - mail@belardolaw.com Addresses the issues and concerns that are unique to lawyers who operate as sole practitioners or as members of a small firm. Unauthorized Practice of Law - Jack Pincura - cpp23659@centurytel.net Investigates the alleged practice of law by individuals not licensed to practice law by the State of Ohio. Womens Committee - Barb Butler - babutler@babutlerlaw.com Addresses issues and concerns that are unique the female members of the bar. WE MAY BE MOVIN' SOON. At our Association's June 3 Annual Meeting, I reported to the membership that the LCBA's office may soon have to move from its present location in the Robinson Building at 401 Broad Street in Elyria. And at that Meeting I asked for volunteers to form an ad hoc LCBA Committee to explore all of our options, including leasing space at a different location, purchasing our own building, and even staying where we are. That committee - Judge Joe Cirigliano (Chair), Alan Anderson, Judge Mark Betleski, Barbara Butler, and James Gemelas - has been hard at work, and has determined that the best option would be to lease a different space. After months of searching and visiting places hither and yon, we've narrowed our choices to a few locations, and we will soon engage in lease negotiations. I will keep you apprised of these efforts. AND LEGAL AIDS LORAIN COUNTY OFFICE DID MOVE! I was pleased and honored to be a representative of our Bar Association on September 27 when The Legal Aid Society of Cleveland cutthe-ribbon at their new Lorain County offices at Suite 301 of the First Merit building at 1530 West River Road North in Elyria. The Legal Aid Society provides an extraordinarily valuable set of services to the people of Northern Ohio - not only to their clients but also to the entire legal profession. Thank you Legal Aid, and best of all good things in your new location! And thanks too to Wickens Herzer Panza Cook & Batista which generously supported the September 27 festivities.
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NOWS THE TIME TO VOLUNTEER FOR LAW DAY 2012. In the last Newsletter I was happy to inform you that - with a set of programs being organized by Andrea Kryszak and Jennifer RiedthalerWilliams - we're plannin' on doin' Law Day differently in 2012! Our goal is to provide a benefit for both our members and the community with two events on Tuesday, May 1. Please now volunteer for either or both event by contacting the Bar office at 440-323-8416. Go Back to School Day - During the morning of May 1, 2012, between 9:00 a.m. and 11:00 a.m., volunteer Bar Members will go to a local school and speak with students about a legal topic of their choosing, for example, the history and significance of Law Day, what life is like as a lawyer, their area of practice, or what law school was like. Community Outreach - At the same time - from 9:00 a.m. to 11:00 a.m. on May 1, 2012 - Bar Members will have an opportunity to market their law firm or organization to the community, and answer questions that are presented to them in their area of practice, at Wood & Wine Restaurant, in Avon, Ohio. A question-and-answer period will follow to 11:45 a.m., and then there'll be an all-you-can-eat lunch buffet consisting of soup, salad bar, wood-fired pizza, pasta, and non-alcoholic beverages, featuring an exciting speaker and followed by the announcement of the high-school Law Day Essay Contest winners. THE RULES, THEY ARE A-CHANGIN'. Our Supreme Court has proposed a whole slew of rule amendments, affecting nearly every practitioner. The pending amendments affect . . . Appellate Rules 4, 10, 13, 14, 16, 21, 26, 41, and 43 Civil Rules 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 5, 6, 11, 26, 30, 33, 36, 45, 47, 58, 65.1, 73, 83, and 86 Criminal Rules 5, 15, 57 and 59 Juvenile Rules 3, 5, 22, 45, and 47 Evidence Rules 404, 613, 1001, and 1102 Of potential special significance is that in this set of amendments are to be found changes which expand the methods of service available to litigants and courts, including service by electronic means and use of commercial carrier services. The pending amendments, and some explanation of their intended operation can be reviewed online by choosing the 'Ohio Rules of Practice and Procedure' section to be found at http://www.supremecourt.ohio.gov/RuleAmendments. Please note that the public-comment period closes on Tuesday, November 22. YOURE INVITED TO YOUR EXECUTIVE COMMITTEES MEETINGS. Please again be reminded that it is your Executive Committee which really runs our Bar Association, and that the meetings of your Executive Committee are always open to Bar Members. Please come and see what we do, and bring your complaints and compliments whenever you wish. Our meetings vary by day and time, so if you are intending to attend a meeting please first call the Bar office to learn where and when. As always, if you have any beefs or kudos to share with me, e-mail me at TomTheado@GNTLaw.com.

More 2011 Clambake Bowl...

From the desk of Judy Nedwick Lorain County Recorder

Happy November from your Lorain County Recorder, Judy Nedwick. I wanted to take a moment to share with you a few projects that have recently been completed in the Recorder's Office. I have just received two DVDs, one containing scanned images of our older parcel books and one containing old atlas maps. These records are of significant value when handling land title issues, genealogy, and historical research. Previously, these records were stored on paper in book form. Needless to say, that the books were becoming very worn and tattered. Scanning these records was the perfect solution. The parcel books were scanned in high-resolution black and white. Most of the atlas books were scanned in high-resolution color, as they were originally in color in the books. The remaining atlas books were scanned in high-resolution gray scale. What does this mean to you? It means that these images, displayed in a large format on our 42 imaging display, will be easily readable, fully restorable, and user-friendlier than ever! I'm very excited about getting these projects done. Records preservation is a key component of being a county recorder. For this project, I contacted the experts over at a local vendor in Akron, Ohio. They came over and looked at what I wanted to do, then quoted me a very reasonable price for the entire project. I couldn't be happier with the results! Stop by the office and take a look. As always, my door is open and I look forward to assisting you. Have a safe and happy Thanksgiving.

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A QUICK OVERVIEW OF JUVENILE OVI and PHYSICAL CONTROL LAWS IN OHIO

Jay B. Grunda, Juvenile Magistrate for Judge David J. Berta Lorain County Domestic Relation/Juvenile Court
This article is an attempt to briefly discuss the basic laws in Ohio as it pertains to Juvenile's who have been summoned to Juvenile Court for an OVI or Physical Control and the corresponding issues of an ALS Appeal and Disposition upon adjudication. LAW There are two sections of the law which address a Juvenile who has been cited for operating or being in physical control of a vehicle after consuming alcohol, a drug of abuse, or both. The first section is known as OVI and the second section is Physical Control. OVI, under section 4511.19 of the Ohio Revised Code, regulates the operation of a vehicle, by a Juvenile, while under the influence of or with a prohibited concentration of alcohol, a drug of abuse, or a combination of both. Physical Control, under section 4511.194 of the Ohio Revised Code, regulates a Juvenile who is found to be in physical control of a vehicle while under the influence of or with a prohibited concentration of alcohol, a drug of abuse, or a combination of both. ELEMENTS/DEFINITIONS There are key elements of each law that a General Practitioner should familiarize themselves with in order to have a complete understanding of what is prohibited. The following are crucial elements, of OVI and Physical Control, that one must know: Vehicle encompasses more than just an automobile. Section 4510.01(A) of the Ohio Revised Code defines what constitutes a 'vehicle'. A few examples are: automobiles, buses, motorcycles and mini-bikes, trucks, street cars, trackless trollies, and even a riding lawnmower. However, as of September 21, 2006, a bicycle is no longer considered a 'vehicle' under Ohio Revised Code section 4511.52(D). Thus, any violation of section 4511.19 no longer applies to OVI's on bicycles. Operation, as defined in section 4511.01(HHH), means to cause or have caused movement of a vehicle. Physical Control, as defined in section 4511.194(A)(2), means a Juvenile who is in the driver's seat and has possession of the vehicle's ignition key or ignition device. Drug of Abuse, as defined in section 4506.01(K), means all controlled substances, dangerous drugs - as defined under section 4729.01, as well as over-the-counter medications when taken in excess of the recommended dosage which results in impairment of judgment or reflexes. Alcohol includes intoxicating liquors, beer, wine, ciders or any beverage containing ethyl alcohol. For complete details of the definition of alcohol, see section 4301.01(A)(1), (B)(1), (2), (3), (4), (5), (22) of the Ohio Revised Code.
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'Juvenile means any individual who is under 18 years of age at the time of the alleged violation. See section 2152.02(C) for complete definition details. 'Jurisdiction' occurs anywhere in the State of Ohio. Some examples include public roads, highways, public or private property used for travel or parking, and even purely private property such as your own driveway or yard. Thus, a Juvenile operating or sitting on a motorized lawnmower, in his or her own front yard, who is under the influence or who has a prohibited concentration of alcohol or drugs of abuse or both, can be cited and adjudicated a delinquent child if proven beyond a reasonable doubt. PROHIBITED LEVELS Depending on the level of alcohol, drugs of abuse, or both in the Juvenile's blood, breath or urine will determine which code section of law is to be cited. Section 4511.19(B)(1)-(4), known as Operating a Vehicle after Underage Consumption, can only be cited when a Juvenile has a concentration of Alcohol as follows: (1) (2) (3) (4) Whole Blood:~ ~ ~ ~ ~ ~ ~ ~ .020 - .079% Blood Serum or Plasma:~ ~ ~ .030 - .095% Breath: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .020 - .079% Urine: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.028 - .109%

If a Juvenile has a prohibited concentration of alcohol greater than the levels indicated above, a Juvenile must then be cited under section 4511.19(A)(1)(b)-(i) of the Ohio Revised Code. The following is a quick reference: Whole Blood:~ ~ ~ ~ ~ ~ ~ ~ .080 - .169% - (A)(1)(b) .170% or greater - (A)(1)(f) Blood Serum or Plasma:~ ~ ~ .096 - .203% - (A)(1)(c) .204% or greater - (A)(1)(g) Breath: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .080 - .169% - (A)(1)(d) .170% or greater - (A)(1)(h) Urine: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .110 - .237% - (A)(1)(e) .238% or greater - (A)(1)(i) For Prohibited Concentrations of controlled substances, please see section 4511.19(A)(1)(j)(i)-(x). Subsections (j)(i)-(x) lists the various types of controlled substance that are prohibited by law and the corresponding prohibited levels of concentration. If a Juvenile refuses to give a sample of Blood, Breath, or Urine to determine the concentration of alcohol, drug of abuse, or a combination of both, then the only applicable section of law that can be cited is 4511.19(A)(1)(a). This section is known as operating a vehicle under the influence of alcohol, drugs of abuse, or both. ADMINISTRATIVE LICENSE SUSPENSION (ALS) & APPEAL OF SAME An Administrative License Suspension (ALS) only occurs if a Juvenile refuses a Blood, Breath or Urine test(s), or if a Juvenile tests positive for a prohibited level under section 4511.19(A)(1)(b)-(j). Prohibited levels of concentration listed under 4511.19(B)(1)-(4) do not trigger an Administrative License Suspension. An Administrative License Suspension can only be imposed if the Juvenile is operating or in physical control of a vehicle while on property that is not purely private. Purely private property means your own property or private property not open to the public for vehicular travel or parking. In other words, the control or operation must occur on public roadways, streets, highways or private property open to the public for vehicular travel or parking. If an ALS suspension is accidently imposed upon a Juvenile, which occurred on purely private property, one should move the Court to dismiss same at the initial appearance or as soon as possible. The controlling law for an ALS Appeal is found under section 4511.197 of the Ohio Revised Code.
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The first opportunity to Appeal on ALS suspension is at the initial arraignment. This initial appearance must, by operation of law, occur within five (5) days of the alleged violation. A Juvenile is not required to appeal the ALS at arraignment, but may choose to do so either in writing or orally. If the Juvenile moves to appeal the ALS at arraignment, then a new date for a full hearing will be set. If the Administrative License Suspension is not appealed at the initial appearance, the Juvenile then has thirty (30) days from the date of arraignment to formally file an appeal. Moving to appeal an ALS does not automatically stay the ALS. One must also move the Court to stay an ALS until a full hearing, with a ruling, can be held. A stay of an ALS restores full driving privileges, unless the Court, Sua Sponte, places the Juvenile under a pretrial suspension. There is no statutory code section that either prevents or allows a Juvenile Court to grant limited driving privileges to a Juvenile under an ALS or pretrial suspension. Discretion is in the hands of the Juvenile Judge or Magistrate hearing the case. If limited privileges are granted, the Clerk of Court must notify the BMV of same. An Administrative License Suspension will automatically be terminated by the BMV when an Adjudication for an OVI or Physical Control offense has been reported to the BMV. The Appeal itself is very limited in its scope. Section 4511.197(C)(1)-(4) details exactly what is required and what can be argued. Basically, the issues to be raised/argued are as follows: 1 did the officer have reasonable grounds to believe the Juvenile was operating or in physical control of a vehicle in violation of 4511.19 or .194, including a comparable city ordinance. 2 was the Juvenile placed under arrest. 3 did the officer request the Juvenile to submit to a chemical test or tests of Blood, Breath or Urine. 4 did the officer inform the Juvenile of the consequences of taking or refusing a test(s). 5 did the Juvenile actually refuse the test(s). 6 did the Juvenile test positive for a prohibitive level of alcohol under 4511.19(A)(1)(b)-(i), or have a concentration of a controlled substance or metabolite as specified under 4511.19(A)(1)(j)(i)-(x). Any other issues that fall outside of those listed above are prohibited by case law, from the 9th District Court of Appeals, which covers Lorain County, from being raised at an ALS appeal. The length of an ALS suspension depends on whether there is a positive test or a refusal.
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A positive chemical test, under 4511.19(C), provides for the following: 1st in 6 years: 2nd in 6 years: 3rd in 6 years: 90 day suspension with privileges after 15 days 1 year suspension with privileges after 45 days 2 year suspension with privileges after 180 days

Refusal of a chemical test, under 4511.19(B), provides for the following: 1st in 6 years: 2nd in 6 years: 3rd in 6 years: 1 year suspension with privileges after 30 days 2 year suspension with privileges after 90 days 3 year suspension with privileges after 1 year DISPOSITIONAL REQUIREMENT UPON ADJUDICATION Determining an appropriate disposition in a Juvenile OVI case is complicated by the fact that more than one statute controls the disposition options available to the Juvenile Court. The Court may order one or more of the general disposition options outlined in Ohio Revised Code 2152.21 (Dispositions of Juvenile Traffic Offender), as well as the disposition options which specifically reference Juvenile OVI that are set forth in ORC 2152.21(A)(5)(a), ORC 2152.21(B), ORC 4510.13(A)(1)(b) and ORC 4510.13(C) JUVENILE OVI'S UNDER ORC 4511.19(A) In general, if a juvenile is adjudicated a Juvenile Traffic Offender for a violation of OVI under ORC 4511.19(A) the Juvenile Court can issue the following disposition orders: 1 A maximum fine of up to $250 and court costs. (ORC 2152.21(A)(1)) 2 A mandatory suspension of the juvenile's probationary license or temporary license for 3-6 months. (ORC 2152.21(B)) A Juvenile Court could also choose to suspend the juvenile's probationary license or temporary license longer than 6 months pursuant to ORC 2152.21(A)(2) which allows for a definite period of suspension of up to 2 years. *Please note that the BMV is required to place a mandatory suspension of 6 months, pursuant to ORC 4510.31(A)(2), which is in conflict with the mandatory suspension require by the Court. 3 Community Control. (ORC 2152.21(A)(3)) This includes, but is not limited to, Substance Abuse Evaluations, hours, and Probation. Alcohol/Drug Screens, Community Service - maximum 500

4 Commit the juvenile for no longer than five days to a detention facility, school, camp, or other institution authorized by statute. (ORC 2152.21(A)(5)) And/or attend an OVI Counterattack program. 5 Six points mandatory to be assessed to Juvenile's license. Pursuant to ORC 4510.31(E) in order to reinstate a probationary license or temporary permit which has been suspended a juvenile will also have to take a Juvenile Driver Improvement Class, obtain a new temporary license and take the driver's license exam for a second time. This will be required regardless of whether it was ordered at disposition by the Juvenile Court or not.
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DISABILITY INCOME INSURANCE

Lorain County Bar Sponsored Plan Administered By:

Miller & Proffitt, Inc. PO Box 3813 Mansfield, Ohio 44902 Phone 419-522-0622
10

SUSPENSIONS Pursuant to ORC 4510.31(A)(2), if a juvenile's license is already suspended on the date the Court imposes disposition in an OVI case the OVI suspension ordered will start the day immediately following the end of the first suspension. If the juvenile is 16 years or older, but does not have a drivers license, the juvenile's right to apply for a license will be denied for a period of six months. If the juvenile is under 16 years old the juvenile's right to apply for a license will be denied for a period of six months beginning on the date of their 16th birthday. Suspensions in Juvenile OVI cases are not applied retroactive to the date of the citation as is often the case in adult cases. The Juvenile Court has the option under ORC 2152.21(B) to terminate an OVI suspension if the juvenile attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention or treatment program specified by the Court. LIMITED DRIVING PRIVILEGES The Juvenile Court cannot grant limited driving privileges for the mandatory suspension period. (ORC 4510.31(C)(1)). However, a juvenile adjudicated of OVI can be granted limited driving privileges to practice driving with a parent. (ORC 4510.31(C)(2)) JUVENILE OVIS UNDER ORC 4511.19(B) The dispositions available to the Juvenile Court for a violation of 4511.19(B) OVAUAC - operating a vehicle after underage alcohol consumption - are substantially similar to those available to the Juvenile Court under 4511.19(A) OVI except: 1 A maximum fine up to $100.00 on a first offense within 1 year, which is a misdemeanor 4, or a maximum fine up to $150.00 on a 2nd or more offense within 1 year, which becomes a misdemeanor 3. (ORC 2152.21(A)(1), 2152.20(A)(1)(b) and 451119(H)(1)(2)) 2 A minimum mandatory suspension of the Juveniles probationary license or temporary license for 90 days - 2 years on a 1st offense within 1 year, (ORC 4511.19(H)(1) and 2152.21(A)(2)), or a minimum mandatory suspension of 1 - 2 years on a 2nd or more offense within 1 year. (ORC 4511.19(H)(2) and 2151.21(A)(2)) 3 Community control under ORC 2152.21(A)(3) which includes, but is not limited to, Substance Abuse Evaluation, Alcohol Drug Screens, Community Service - maximum 250 hours, and Probation. 4 The authority to commit a Juvenile to the Detention Home for 5 days, as outlined under ORC 2152.21(A)(5)(a), is not available. However, attending a OVI Counterattack Program is permissible. 5 Four points mandatory to be assessed to Juvenile's license. JUVENILE PHYSICAL CONTROL UNDER 4511.194 The dispositions available to the Juvenile Court for a violation of 4511.194 - Physical Control While Under the Influence - are substantially similar to those listed under 4511.19(A) - OVI - above except: 1 There is no minimum mandatory license suspension, but the Court may impose a license suspension for up to 1 year maximum. BMV will not impose their own suspension if the Court does not order one. 2 There are no mandatory points assessed to the Juveniles license. 3 Regardless of the number of offenses the violation remains a misdemeanor of the 1st degree with a maximum fine up to $250.00 plus court costs. MISCELLANEOUS JUVENILE OVI INFORMATION If an OVI, under ORC 4511.19(A) or (B), is dismissed, the Juvenile Court/Clerk of Court is required to report the dismissal to the BMV for statistical purposes only. Under ORC section 2901.08, entitled Status of Juvenile Adjudication as Prior Conviction, a Juvenile adjudicated fro violating sections 4511.19(A) or (B) or 4511.194 are considered, by operation of law, prior convictions for enhancement purposes. CONCLUSION I hope this brief and simplistic overview of the Juvenile OVI, Physical Control and ALS laws of Ohio, is helpful to our members of the Lorain County Bar Association. Should there be any questions or concerns that you as a Bar Member may have, please let me know and I will do my very best to try and guide you to the correct answer of law.

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NEWS FROM THE NINTH DISTRICT COURT OF APPEALS

Rules Changes in 2011 Over the last year, the Ohio Supreme Court and the Ninth District Court of Appeals adopted a number of changes to the rules governing appeals, and more are on the way. The Ninth District's changes to the Local Rules were intended to simplify the appellate process for attorneys and parties. Payment of the Costs Deposit The Court added a new provision to Local Rule 2, which covers the paying costs deposits or seeking a waiver of the payment of the deposit. New Section (C)(2) provides an additional method for an indigent party to seek a waiver of the prepayment of the costs deposit. Consistent with the Ohio Supreme Court's practice, in a case where the trial court appoints counsel for a party for purposes of appeal, the party may obtain a waiver of the costs deposit by filing a copy of the trial court's entry appointing counsel. The Ninth District will not issue an order granting the waiver; the filing of the entry of appointment alone will be sufficient to waive the payment of the costs deposit. This provision should be particularly helpful to appointed counsel who may have difficulty reaching a client or to avoid delays and extra steps involved in seeking information from a prison for an incarcerated client. Certification of Extension of Time The Court added new Local Rule 18 to provide a simpler procedure for parties to receive an extension of time to file their appellate briefs. This Court's policy has been to grant one 20-day extension of time for the appellant's brief-in-chief and for the appellee's brief-in-chief. Although these motions have been routinely granted, attorneys and parties were understandably concerned about the status of the extension request until an order was filed. New Local Rule 18 was intended to streamline this process of extending the time for filing a brief. Following the example set by the Ohio Supreme Court's Rules, a party may obtain a 20-day extension of time by filing a Certification for Extension with the Court. The party shall calculate the new due date for the party's brief, as explained in the Local Rule and the Ohio Rules of Appellate Procedure, and include the new due date in the certification. The Court will not issue an order to confirm the due date; the new due date will be the date calculated by the party. Consistent with the Court's policy, a party may move for an additional extension of time, but these requests are disfavored and will be granted only if the moving party demonstrates extraordinary circumstances. Request for Oral Argument The Ohio Supreme Court also adopted amendments to the Ohio Rules of Appellate Procedure this year. Appellate Rule 21 established a uniform process for the Courts of Appeal to follow for those Courts that require a party to request oral argument. Rule 21(A) now provides that a party may request oral argument by including the words 'ORAL ARGUMENT REQUESTED' on the cover of the appellant's opening brief or the appellee's opening brief. According to Rule 21(A), no other motion or filing is required to request oral argument. The Ninth District has a local rule for parties to request oral argument, but that rule requires parties to file a separate request for oral argument. In light of the amendment to Rule 21, this Court will amend Local Rule 8 to comply with the new method for requesting oral argument set forth in Rule 21. Until a new Local Rule is adopted, the Ninth District will continue to recognize a separately-filed request for oral argument, pursuant to this Court's current Local Rule, and, of course, a request that complies with Appellate Rule 21(A). Attachments to Appellate Briefs The Supreme Court recently proposed additional changes to the Ohio Rules of Appellate Procedure. One of those suggestions merits mention. The proposed change to Rule 16(E) would direct parties not to attach to briefs any legal authority generally accessible through online legal research databases. This Court's Local Rule 7 already contains a similar provision, providing that briefs should include an appendix with a copy of the order appealed, but that cases, rules, and statutes, among other things, should not be attached to the brief in the appendix. The Supreme Court is currently accepting comments on the proposed change to Rule 16, and a number of other provisions, with an anticipated effective date of July 1, 2012.

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Lorain County Domestic Relations Court to be Reviewed by the Supreme Court

ELYRIA: Following a presentation by the State Auditor to the Lorain County Commissioners, the Lorain County Domestic Relations Court Judges contacted the Supreme Court of Ohio to request a performance review. In September, the Judges met with representatives of the Supreme Court who outlined their process. With the Judges agreement, this comprehensive review will begin in December and take approximately six months to complete. Similar requests have been made by both the General Division and the Probate Division. While we believe we are doing a good job in providing our services to the public in a competent, efficient, and cost effective manner, it is prudent and a good management practice to have an objective party review what we do, how we do it, and what outcomes result. During the course of this review, staff from the Supreme Court of Ohio will solicit input from the public, employees, attorneys, and other Justice partners in order to objectively review our case flow processes to determine if there are changes that could be made that would improve what we do. The review will be structured consistent with the CourTools performance measures model developed by the National Center for State Courts. The CourTools performance measures are: 1. Access and Fairness - Ratings of court users on the court's accessibility and its treatment of customers in terms of fairness, equity, and respect. 2. Clearance Rates - The number of ongoing cases as a percentage of incoming cases. 3. Time to Disposition - The percentage of cases disposed or otherwise resolved within established time frames. 4. Age of Pending Caseload - The age of the active cases that are pending before the court, measured as the number of days from filing until the time of measurement. 5. Trial Date Certainty - The number of times cases disposed by trial are scheduled for trial. 6. Reliability and Integrity of Case Files - The percentage of files that can be retrieved within established time standards and that meet established standards for completeness and accuracy of content. 7. Collection of Monetary Penalties - Payments collected and distributed within established timelines, expressed as a percentage of total monetary penalties ordered in specific cases. 8. Effective Use of Jurors - Juror Yield is the number of citizens selected for jury duty who are qualified and report to serve, expressed as a percentage of the total number of prospective jurors available. Juror Utilization is the rate at which prospective jurors are used at least once in trial or voir dire, expressed as the number of jurors selected as a percentage of the total number of prospective jurors qualified and available to serve (yield). 9. Court Employee Satisfaction - Ratings of court employees assessing the quality of the work environment and relations between staff and management. 10. Cost Per Case - The average cost of processing a single case, by case type. In addition to gathering information for these measures, Supreme Court staff will review staffing levels, utilization of technology, procedures, and other pertinent issues that impact case flow. We will be requesting the Supreme Court report in electronic format to enable us to place the report on our web site. This review will be done at no cost to the Court or the county.

More 2011 Clambake Bowl...

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Apple and Siri: Whats all the fuss about?

Joseph Marquette President, Accellis Technology Group
To many people, Apples new digital assistant Siri is just another wiz-bang gadget from Apple that will mostly appeal to techies and teenagers. I disagree. Not because I think Siri is for everyone, but because I think believe that Apple has once again taken something that we use all the time - web searching in this instance - and taken it to a level we didn't even know was an option. We shouldn't be surprised - this is just what Apple (and Steve Jobs) does. There are multiple examples - the mouse, track wheel, multifunction touch screens - all were developed by Apple and today we could barely function without them. 'Design is a funny word. Some people think design means how it looks. But of course, if you dig deeper, it's really how it works, Steve Jobs. But what's more impressive - that Apple created these tools or that they AGAIN came up with something (Siri) that we didn't know we needed and will quickly feel that we've simply always had it? Apple's combination of technology skill and ingenuity often results in what I like to call a Paradigm Shift.They change the way we do things. To prove my point, let's take another Apple idea - the App Store - and see if we can draw any parallels to Siri. Before the App Store, you could order new tools for your phone, but you there was no free market for developers to get those apps to the end consumer. Basically everything you purchased was made and distributed by the wireless carrier. Suddenly the App Store changed everyone's perception of what we should expect from our phones. Don't like the calendar? Get a new app. Want a new game? Just download it. Want a better calculator? Grab it. Suddenly the i' wasn't just a phone - it became a platform for productivity and entertainment. If your phone couldn't do apps - booooooring. This was a major shift in the way we think about and use our phones. Siri is another great example of how Apple took an idea (voice recognition) that was not necessarily new, and added a huge design factor that suddenly made it simple and easy to use. Siri is the first system that truly understands complex questions like Should I bring an umbrella to work today? Droid only understands basic commands like send text, call Patrick or email John. So instead of sending me to Google to answer my question, Siri repeats back my question while simultaneously performing a search and providing me a real answer. This is a huge change.
(continued on following page)

Introducing Spencer Ryan

Your Lorain County Bar Associations Authorized Agent
Spencer Ryan is your Lorain County Bar Associations Authorized Agent for Lawyers Malpractice Insurance. Before entering the insurance field, Spencer was licensed and practiced law in Lorain County, making him uniquely qualified to organize the complex coverage plans necessary in professional fields. For expert guidance in creating your next malpractice insurance plan, call Spencer Ryan at Ryan-St. Marie Insurance today. 440-322-3200 spencerryan@windstream.net Visit us online at ryanstmarieinsurance.com Visit us on Facebook

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Siri is another great example of how Apple took an idea (voice recognition) that was not necessarily new, and added a huge design factor that suddenly made it simple and easy to use. Siri is the first system that truly understands complex questions like 'Should I bring an umbrella to work today? Droid only understands basic commands like send text, call Patrick or email John. So instead of sending me to Google to answer my question, Siri repeats back my question while simultaneously performing a search and providing me a real answer. This is a huge change. Siri is for dreamers everywhere. While Siri isn't as sophisticated enough to become your own personal secretary, soon, she might be. One day I'll be able to say, 'Siri, go to Amazon and buy me the new dog bowl. Have it shipped to my work and tell them I don't need anyone to sign for it. Siri will then log into my Amazon account, ask you if I'm willing to spend $10 out the door on the item, she'll 'buy it now', place the order, and take care of payment through PayPal. After that, she'll order you dinner and setup your service appointment at the dealership. The more meaningful innovation that comes from Siri is that she will likely change our expectations for other products in the future. She will change the way with think about other products in the future.This is a sort of paradigm shift for voice recognition related technologies everywhere. Other products are now going to have to step it up or be left behind the dust of another Apple design award. Android is already working hard to build the next Siri. Sorry Charlie - you're too late.
Joseph Marquette is the President of Accellis Technology Group, a legal technology services and consulting firm located in Cleveland, Ohio. A graduate of the University of Illinois, Joe has gathered extensive experience in the IT field by serving as the Chief Technology Officer for a large Internet company, Vice-President of Consulting services for a national technology consulting firm, President of a regional technology firm, and now founder of Accellis Technology Group. During his professional career, he has been responsible for the implementation of a wide range of enterprise business applications for business large and small across the country.

Fed up with inadequate medical documentation and reports? Read on...

PERSONAL INJURY WORKERS COMPENSATION PAIN MANAGEMENT Physical Medicine & Rehab - Pain Management
We have developed a protocol for personal injury and workers compensation cases that is unique, effective, and well managed.
1. Treatment plans are reasonable and supervised by our Medical Doctor. 2. Progress is documented legibly and quantitatively. 3. Patients progress through phase I (passive treatment) to phase II (active rehab) and home exercise programs. 4. We work with network of specialists, such as Neurosurgeons, Neurologists, Orthopedic Surgeons, physical medicine and rehab specialists and MRI and diagnostic facilities. 5. We utilize dynamic flexion radiography to document soft tissue injury.(Ask for a demonstration) 6. Final medical reports that stand up in court. 7. We also do Permanent Partial Impairment Ratings for work injuries. (C-92s)

To schedule a tour and lunch call James J. Bedocs, D.M. at (440) 324-2637
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Employment Alert: Employers Must Notify Employees of Their Labor Rights

Overview
Most employers are aware that labor rights exist for their employees even in a union-free workplace - and as of November 2011, they will have to ensure that their employees are also aware. In a 3 to 1 vote, the National Labor Relations Board (Board) voted to adopt a rule requiring that employers conspicuously post a notice that advises their employees of their rights under the National Labor Relations Act (Act). As the mandatory notice states, employers must inform employees of their right "to organize and bargain collectively with their employers, and to engage in other protected concerted activity or to refrain from engaging in any of the above activity." The rationale for adopting this rule was a perceived "knowledge gap" that arguably renders most non-union employees unaware of their various rights under the Act. The rule-approving Board members agreed that "[f]or employees to exercise their NLRA rights...they must know that those rights exist." The rule is set to take effect on or around November 12, 2011 (75 days after its scheduled August 30 publication in the Federal Register). Excepting the postal service and employers in the railway and aviation industries, the rule will apply to virtually every employer in the United States, including, as the Board noted, a "great majority" of small businesses. Employers must post an 11-by17-inch notice in areas in which they customarily place notices concerning personnel rules or policies. Such areas must include an Internet or intranet site if an employer uses such a forum to communicate rules and policies to its employees. The rule also requires posting notices in other languages in certain cases. Where 20 percent of its workers are not proficient in English and speak another language, an employer must provide the notice in the language those employees speak. If among that percentage there is more than one language spoken, the employer must either post notices in all applicable languages, or post it in the majority language of that group and provide copies of the notice in the other language(s). Failure to post the required notice may subject an employer to unfair labor practice charges and penalties under the Act. While compliance with the rule is fairly simple, it will likely mean that non-union employers face a greater risk of union organizing efforts. Employers concerned about this possibility may wish to consider seeking counsel.

Save The Date : February 11, 2012

Valentines In Vegas at the Fountain Bleau.
And dont forget... what happens in Vegas stays in Vegas. Or in this case the Fountain Bleau.

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Thank You!
The LCBA would like to offer a GREAT BIG THANK YOU to the following attorneys that worked at our free legal advice clinic on October 5, 2011 at the Senior Center in North Ridgeville: Attorneys Chris Cook, Wayne Nicol, Allison Manning, Leslie Gentile and Jack Malicki. These attorneys volunteered their time to answer questions for individuals that would otherwise have no access to legal assistance. The small amount of time you spent with those people meant the world to them. Thank you very much for your dedication to your profession and to your community.

Introducing the LCBA CLE Season Pass

The LCBA is offering its members the best deal around for your CLE hours! Members now have the option to purchase LCBA CLE Season Pass - 12 hours of CLE for just $285 (that represents a savings of over $135!). With the CLE Season Pass, members get 12 hours of LCBA CLE programming that can be used anytime between January 1, 2012 and December 31, 2012. Heres how it works: 1 CLE Season Pass holders can register for CLE by using the event's printed registration form or by calling 440-323-8416. Please be sure to mention that you are a Season Pass holder. 2 CLE Season Pass holders must register in advance for programs to ensure that we will have appropriate materials and space available for all who attend. If you register at the door, a $15 on-site registration fee will apply. 3 Cancellation Penalty CLE Season Pass holders must submit cancellations, at least one business day prior to a seminar. Failure to do so will result in a deduction from the member's CLE Pass hours for that particular seminar. Cancellation notices can be emailed to lcba@windstream.net or faxed to 440-323-1922. 4 CLE Season Pass hours must be used by December 31, 2012. Any unused hours will be forfeited and may not be carried over or refunded. 5 CLE Season Pass hours are non-transferrable. The LCBA offered 18 seminars (44.75 CLE hours) during the 2010-2011 fiscal year. A sampling of programs previously presented include OVI law, foreclosure law, ethics, professionalism & substance abuse, domestic relations issues, juvenile law, probate law, etc. To take advantage of CLE Season Pass or if you have questions, contact the LCBA (440-323-8416).

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LCBA Welcome Reception

On Friday, November 18, 2011, the LCBA will be hosting its annual Welcome Reception. This reception is one of our signature events of the year because this is the reception where we welcome the newly-admitted lawyers into the Lorain County legal community. Last year we had over 120 members attend this event. The event is being held at the beautifully renovated Lorain County Transportation Center in Downtown Elyria. We hope you can make it. Please rsvp to the LCBA at 440-323-8416 or lcba@windstream.net. There is no cost for members to attend this event if you rsvp on or before November 11th ($15 after and $15 per member guest).

LCBA SEMINARS
Still need CLE credits? The LCBA is hosting the following seminars: 11/10 /11 11/10/11 12/09/11 12/15/11 3.50 3.50 2.50 2.00 8:00 a.m. 1:00 p.m. 9:00 a.m. 11:30 a.m. Annual Probate Seminar Law Negligence Law Ethics, Professionalism & Substance Abuse Get it in Writing: Fee Agreements

For additional information, please contact Jeannie at the LCBA.

LCBA Social Events

November 18, 2011 February 11, 2012 4:30 p.m. 5:30 p.m Welcome Reception at Lorain County Transportation Ctr Valentines Day Ball at Fountain Bleau

Correction
The September edition of The Legal Times incorrectly identified the winners of the 2011 Golf Outing. The correct winners are: Gasior, Stringer, Stringer and McDonough. Two Stringers, one Gasior, one McDonough.

Demopoulos
Professional Investigations

& Associates

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Certified Fraud Examiners

Civil Criminal Domestic

888-733-6676 or 216-308-0461 www.investigateohio.com

Located in Rocky River

More 2011 Clambake Bowl...

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