Lake Legal Views. God Bless & Protect Our Troops. President s Corner. Judge s Column. Judge Lawrence B. Allen Willoughby Municipal Court

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1 Lake Legal Views God Bless & Protect Our Troops Volume 33 Number 3 Lake County Bar Association March 2010 President s Corner Judge s Column ECONOMIC RECOVERY AND COURT COSTS Michael D. Murray Lake County Bar Association President WOMEN LAWYERS OF LAKE COUNTY A few months ago I wrote an article about the older lawyers in Lake County and the impression they made upon me as a young lawyer. Soon after the article was published, I was called to task by a group of women lawyers for my failure to mention any female lawyers in my article. The self appointed leader of this group originally came into the LCBA under the name of Mary Elaine Guminiak Tassi. Back then, your social status was directly related to the number of names you had. Starting with just an initial was also beneficial like G. Gordon Liddy and F. Lee Bailey. Now of course having one name is best, like Shaq, Madonna or Tassi. My intentions were not to slight the female gender in any way. It just so happens, that at that given time I was not exposed to the women lawyers of the Lake County Bar. I thought it would be appropriate to recognize the old and older women lawyers. If I failed to mention someone, please consider yourself a young lawyer like myself. Having heeded the warning, I have done some research and wish to give you all some history of women in the Lake County legal profession. First I will start with Addie Nye Norton. (Continued on page 2) I, like many of you, take time to participate on various committees, conferences and study groups with the collective wisdom of the group forming recommendations to the ultimate decider. I am sure there are hundreds of these group reports stored in locked chambers never to see the light of day. Recently, however, I had the opportunity to review some reports of these enlightened committees and wondered how the recommendations were received. December 23, 1994, the Commission to Study the Ohio Economy and Tax Structure issued its Final Report titled, Taxation and Economic Development in Ohio: A Blueprint for the Future. These Blue Chip Committee members were appointed by the then Governor Voinovich pursuant to legislation created by the Ohio House and Senate. According to the Committee Chairman s letter to the Governor, the report was to contain recommendations for ways in which government can promote economic growth in the state, while maintaining a stable revenue base now and in the future. Moreover, it would improve significantly the investment climate and play an important role in reestablishing Ohio s growth economy equal to or exceeding the national level. All citizens would benefit with increased income and a stabilization of tax rates in the future. 1 Judge Lawrence B. Allen Willoughby Municipal Court The Blueprint for Reform contained 13 elements which the Commissioner urged to be considered by the legislature and citizens of Ohio. In reviewing the implementation of this Committee s recommendations, it appears that few, if any, have been implemented during the 15 year interlude. One recent publication was the Report and Recommendations of the Joint Committee to Study Court Costs and Filing Fees issued in July, 2008, (herein the Study ). This Joint Committee was created by the Ohio General Assembly to [tidy the determination, assessment, collection, and allocation of court costs and filing fees in criminal actions and in civil actions and proceedings in this state, including the amount of court costs and filing fees paid by the parties to civil actions and proceedings or by defendants in criminal actions The Committee shall prepare recommendations for any changes that the

2 President s Column (continued from page 1) Anyone who has appeared in the Lake County Probate Court will know that her picture appears on the wall in the courtroom with past probate judges. It has been reported that she was the first female probate judge in Ohio. She was elected in November 1920 (you remember when Warren G. Harding was elected) and won every precinct but three. It shows the open mindedness of Lake County voters of that time. A caveat for this article is that Addie was never a member of the Lake County Bar. Why, you ask? She wasn t a lawyer. There is some dispute as to Lake County s first woman lawyer. It appears to rest on the issue of domicile. The first woman president of the Lake County Bar was Irene A. Lennon. Miss Lennon passed the Bar in 1930 and practiced for 41 years in Lake County. She was elected President of the Lake County Bar in Miss Lennon was a school teacher and legal secretary at the Tuttle and Hubbard Law Firm. She attended John Marshall at night. She volunteered her time for many causes and was a charter member of the Painesville League of Woman voters. The newspapers at the time of her death designated her to be the first woman lawyer of Lake County. However, you all remember the article written by past president Robert Gambol entitled Women at the Bar. Mr. Gambol suggests the first female lawyer was Marie Remington Wing. Ms. Wing passed the bar in 1926 but was a resident and city council women in the City of Cleveland at the time. It is unclear when she returned to Lake County. She has been noted with aiding in the establishment of our local Legal Aid. Since my time in the profession, the number of women lawyers has greatly increased. Currently our Eleventh District Court of Appeals is eighty percent female. There was a women judge in Willoughby once. Francine Bruening (past president) was the first woman elected Lake County Common Pleas Judge when she took the Domestic Relations bench in Judge Colleen Falkowski has followed. Karen Lawson became the first female Lake County Juvenile Judge. The Lake County Prosecutor s office has 13 female assistant prosecutors including civil lawyer Patricia A. Nocero and Chief Criminal Assistant Karen Kowall. Claire McGuinness and Marley Ford Eiger have helped thousands through Legal Aid. On the private side, we have a great number who stand out in their particular areas. Elizabeth Vaci (past president) made a legal career in the medical field. In family law, there is Linda Cooper ( past president) who reached the status of Certified Family Law Specialist, as well as Mary Jo Clair, Janice Evans, Marie Umholtz and Sandra Dray. And of Course, there s Tassi. (Continued on page 4) 2 Judge s Column (Continued from page 1) Committee believes need to be made to the current system for court costs and filing fees. The Study concluded with eleven (11) recommendations to guide the General Assembly and the judicial branch in the imposition, collection and disbursement of court costs and filing fees. While the entire Report is available on the Ohio Supreme Court web site, two (2) of the recommendations are of particular note: 1. Court costs should be reasonable, nominal and directly related to the operation and maintenance of the court. In part, the committee notes that, costs and fees should not be used to fund any special interest, but should be used to fund justice system programs leading to an efficient and effective judicial system. The General Assembly has enacted court costs and filing fees to fund programs not directly related to the overall administration of justice. Although these programs are all worthwhile, funding them through court costs perpetuates the perception that court costs are, in reality, a tax upon citizens that is not enacted by the General Assembly. Court users should not bear the burden of funding these non-judicial programs. If a program is meritorious and deserves funding by the General Assembly, such funding should be provided by general revenue funds. 2. Disbursements of costs under the Ohio Revised Code are complex and tax the time and resources of clerks. An increase in court costs results in increased difficulty in collections of those costs. The law of diminishing returns in economics says that as more and more of a variable input is added, a point will be reached beyond which the resulting increase in output begins to diminish. The same is true in costs and fees: additional court costs will result in fewer collections. In 1990, the Legislative Budget Office did an analysis showing an increase in court costs of 1% for one program decreases the revenue of other programs funded by court costs by 30%. In addition, an increase in court costs results in more time spent by the court or clerk of court collecting, tracking and disbursing the funds, resulting in increased personnel costs. Unintended consequences also result from increased court costs and filing fees, including the lowering of fines so litigants can pay the costs and a cycle of crime because, for example, offenders cannot afford to have their driver s license reinstated after a suspension. But since the Report was submitted new and additional costs have been mandated. (Continued on page 3)

3 Judge s Column (Continued from page 2) In traffic convictions, Defendants now pay $39 in state costs, $25 of which is directed to the Indigent Defense Support Fund, plus a $25 bond surcharge also to be remitted to the Indigent Defense Support Fund. The costs are assessed even though the majority of court users cannot avail themselves of the designated service. Add to this, the complex distribution of fines, state mandates and the constant changes by the legislature in traffic laws, and the court administrative costs sky rocket. Take the example of a second OVI fine distribution outlined below: Amount Fund Use $ 35 Enforcement & Education Fund (law enforcement responsible for arrest) Educating the public on OVI-related laws and topics $ 50 Indigent Drivers Alcohol Treatment Fund (IDAT Fund) Indigent Alcohol/Drug related assessment & treatment $115 Prisoner Housing Incarceration costs of entity responsible for housing the prisoner $ 50 Indigent Drivers Interlock and Alcohol Monitoring Fund Immobilizing/Disabling Devices (Indigent Offenders) $125 Indigent Defense Support Fund Indigent Defense Balance Disbursed as otherwise provided by law One of the biggest challenges is the thought process involved in implementing the legislative changes in ways that make sense to front line staff that assess the costs and accounting personnel who reconcile their assessment of same. There is also considerable collaboration and cost required with the Municipal Court software vendor to properly implement the changes in a computer system that has one set of variables for a particular effective date of legislative changes and another set for other legislative changes involving the same class of offenses. Additionally, the handling of these matters requires stringent internal oversight to satisfy public sector auditing requirements. These funds provide little support to the operation of the court and are not as the Study suggests, related to the operation of the court. Funds available for operation of court and its programs are the basic court costs, and special project funds and the IDAT Fund monies. If the inability of the judicial system to impact decisions of the General Assembly remains, current funds utilized by Judges for assessment and treatment programs will be diverted to other agencies. How do we know Court directed programs are effective? Following is a letter from one defendant that reflects this and I am sure there are many others to Courts throughout the State: Honorable Judge Allen, I am contacting you for two reasons. First I would like to thank you with all I have for restoring my life to sanity. The day the Kirtland police pulled me over on Jan 7 I knew my drinking days where over and I felt relief even knowing I was in BIG trouble. That was my 3rd time getting arrested for DUI a life I am not proud of. You sentenced me to 5 days jail 15 house arrest and 30 days SCRAM that keep me dry but then came my treatment at Laurelwood and my introduction to AA. After numerous programs in the past this was my first time being sentenced to 3 AA meetings a week, I felt so at home there I went to 90 meetings in 90 days and today I just returned from being the Chairman of the Northcoast AA group in Willoughby Hills and when I started the meeting with "Welcome my name is ***** and I am an alcoholic" there was no shame. My home life is peaceful, I spend time with my parents and today I make them proud. I was upset at the "Harsh" sentience you gave me but I know that the sentence I felt was harsh has saved my sanity, my marriage, is restoring my relationship with my son as well as my loving parents and the list goes on. So thank you for giving me a gift to share with my loved ones. You also sentenced me to 55 hours of community service, which I did at Lake Farmpark only I didn't stop at 55. I am currently volunteering to give back to the community and am proud of having over 100 hour there and got my wife and 11 yr old step-daughter going as well. We volunteer as a family and are growing closer everyday. 3

4 COURT OF APPEALS REVIEW - DECEMBER 2009 On January 29, 2010, in State v. Musa, 11th Dist. No L-023, Ohio-318, the Eleventh Appellate District affirmed the judgment entered by the Lake County Court of Common Pleas. The appellate court ruled that the trial court did not abuse its discretion by imposing an aggregate five-year prison term on appellant for his convictions for gross sexual imposition. Submitted by Linda Ireland, Court Paralegal Eleventh District Court of Appeals The Lake County Bar Association presents: 2010 FAMILY LAW SEMINAR FRIDAY, MARCH 12, 2010 CAPPELLI THE COMFORT INN 7701 Reynolds Road Mentor, OH CLE S LCBA MEMBERS - $ if paid on or before February 26, 2010; $ thereafter NON-MEMBERS - $ if paid on or before February 26, 2010; $185 thereafter The Lake County Bar Association presents: OUR 34 th ANNUAL LAW DAY BREAKFAST President s Corner (Continued from page 2) ~~~~~~~ Law in the 21 st Century: enduring traditions, emerging challenges ~~~~~~~ Friday, April 30, 2010 Holiday Inn Express Hotel and Suites/LaMalfa Centre 5783 Heisley Road in Mentor Let us not forget two great women lawyers and magistrates Patricia A. Karle and JoAnne V. Sommers. There are many active women in the LCBA today. Currently there are 122 women members of the Lake County Bar. There are many women practicing here who are not bar members. In the words of our Past President Gambol, I would like to see more women at the bar. 4

5 Judge s Article (Continued from page 3) While a single instance, it reflects the need for courts to maintain the discretion to direct and, as necessary, pay for the cost of programs that will keep others safe on the highways and in their homes. It is easy to see why the legislature views the courts as a deep pocket. The 2008 Supreme Court Report reflects a total of 2,706,130 cases in the Ohio Municipal, County and Mayors Courts of which 82,786 are OVIs. You can do the math as to the income stream generated by the non-operation costs and fines, while recognizing the short falls in funding at all public agencies. But the continued increase of costs by the State will result in fewer collections as the Study reflects. The Judiciary has apparently failed to effectively communicate the impact of these costs to the legislative and executive branches as they continue to use the Judiciary as a funding source even after the Study. Recognizing this article is somewhat longer than you wanted and longer than I intended, I will conclude with a couple more call to arms. In March, 2009, State Representatives Lorraine M. Fende (D-62) and Sandra Harwood (D-65) introduced HB 103 increasing penalties for those threatening, harming or killing a Judge. This legislation was responsive to the terrible incident involving Judge Michael Cicconetti and his family as well as other incidents to the judiciary around the State. The legislation passed out of the Ohio House on 10/6/09 in a bi-partisan vote of 91 yeas, 4 nays. To date, no hearings have been held as of this writing by the Senate Judiciary-Criminal Justice Committee. I also suggest your attention to the Ohio House Joint Resolution 9 which would permit a request to change the age of retirement for the Judiciary from 70 years to 75 years of age. The vote of the public is necessary as Article IV 6, Ohio Constitution currently states that: (C) No person shall be elected or appointed to any judicial office if on or before the day when he shall assume the office and enter upon the discharge of its duties he shall have attained the age of seventy years. I encourage you to address these issues to your friends and the associations of which you are a member and the study groups in which you participate so that we can maintain a strong and independent judiciary and as is reflected in the comments in the Study by U.S. Supreme Court Chief Justice William Howard Taft is 1926: The real practical blessing of our Bill of Rights is in its provision for fixed procedure securing a fair hearing by independent courts to each individual. But if the individual in seeking to protect himself is without money to avail himself of such procedure, the Constitution and the procedure made inviolable by it do not practically work for the equal benefit of all. Something must be devised by which everyone, however lowly and however poor, however unable by his means to employ a lawyer and pay court costs shall be furnished the opportunity to set fixed machinery of justice going. sponsored by The Lake County Bar Association LUNCH FORUM 1 FREE CLE WEDNESDAY, March 31, 2010 at 11:00 A.M. managing the media: Lawyers and the press Presented By: Bruce Hennes, Partner - - hennes painter communications HELLRIEGEL S RESTAURANT 1840 mentor avenue in PAINESVILLE, OH Cost of BUFFET LUNCH is $15.00 FOR BAR MEMBERS (INCLUDES LUNCH & 1 CLE) $25.00 FOR NON-MEMBERS PLEASE NOTE: YOU MUST CALL THE BAR OFFICE AT (440) WITH YOUR RESERVATION BY march 26, HOWEVER, YOU MAY PAY AT THE DOOR FOR YOUR LUNCH. 5

6 THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY CASE NO G-2924 KAREN GALLAGHER vs. JAMES F. GALLAGHER, et. al., Defendants (Civil Appeal from the Court of Common Pleas) Joyce E. Barrett and James P. Reddy, Jr., 800 Standard Building, 1370 Ontario Street, Cleveland, OH (For Plaintiff- Appellant). Judgement: appeal dismissed. Jeffrey T. Orndorff, Jeffrey T. Orndorff Co., L.P.A., 117 South Street, #110, P.O. Box 1137, Chardon, OH (For Defendant- Appellee). TIMOTHY P. CANNON, J. { 1} On October 6, 2009, appellant, Karen Gallagher, filed a notice of appeal from a September 25, 2009 judgment entry of the Geauga County Court of Common Pleas, in which the trial court ordered that appellee, James F. Gallagher, is granted temporary custody of the parties child. { 2} On October 23, 2009, this court issued a judgment entry ordering appellant to show cause why her appeal should not be dismissed for lack of a final appealable order. On November 5, 2009, appellant filed a brief in support of jurisdiction. In her brief, appellant posits that the September 25, 2009 entry was made in a special proceeding and affects a substantial right pursuant to R.C (B). To prevail under this contention, appellant must demonstrate that in the absence of immediate review of the order, she will be denied effective relief in the future. Bell v. Mt. Sinai Med. Ctr. (1993), 67 Ohio St.3d 60, 63. { 3} According to Section 3(B)(2), Article IV of the Ohio Constitution, a judgment of a trial court can be immediately reviewed by an appellate court only if it constitutes a final order in the action. Germ v. Fuerst, 11th Dist. No L-116, 2003-Ohio-6241, 3. Pursuant to R.C (B), there are five categories of a final order, and if a trial court s judgment satisfies any of them, it will be considered a final order which can be immediately appealed and reviewed by a court of appeals. 6 { 4} R.C (B) states that: { 5} An order is a final order that may be reviewed, affirmed, modified, or reversed, with or without retrial, when it is one of the following: { 6} (1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment; { 7} (2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment; { 8} (3) An order that vacates or sets aside a judgment or grants a new trial; { 9} (4) An order that grants or denies a provisional remedy and to which both of the following apply: { 10} (a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy. { 11} (b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action. { 12} (5) An order that determines that an action may or may not be maintained as a class action; { 13} (6) An order determining the constitutionality of any changes to the Revised Code ***. { 14} In the instant matter, the trial court s order does 6 (Continued on page 7)

7 (Continued from page 6) not fit within any of the categories of R.C Furthermore, [temporary *** child custody orders have been held not final and appealable because of their interlocutory nature. Williams v. Williams, 11th Dist. No T-0101, 2004-Ohio-3992, at 16. See, also, Fritz v. Burch, 5th Dist. No. 2008CA00286, 2009-Ohio { 15} Here, the custody of the minor child has not been permanently resolved. The order designating appellee as custodian is temporary. Since a temporary order is interlocutory in nature and not immediately appealable, the order from which appellant has appealed is not a final order. Appellant will have a meaningful and effective remedy by way of an appeal once a final judgment is reached as to all claims and parties when the case is decided and/or dismissed. See Johnson v. Warren Police Dept., 11th Dist. No T- 0117, 2005 Ohio App. LEXIS 6182, 2005-Ohio- 6904, at 14. { 16} Based upon the foregoing analysis, the judgment of the trial court in this matter is not a final appealable order. Thus, this court is without jurisdiction to consider this appeal. Accordingly, this appeal is hereby dismissed for lack of a final appealable order. { 17} Appeal dismissed. DIANE V. GRENDELL, J., CYNTHIA WESTCOTT RICE, J., concur. BUSINESS VALUATIONS LITIGATION SUPPORTBUSI- Keith Martinet, CPA, CVA, partner specializing in Business Valuation and Litigation Support Services at Martinet Recchia. Firm has experience in providing certified valuations and expert testimony for small to mid-sized businesses. Experience includes: manufacturing construction distribution retail service industries Please call with questions relating to your valuation cases. At no charge, we are willing to meet with you and your clients to discuss their valuation issues E. 345 th St. IN MEMORIAM VINCENT V. CULOTTA Our thoughts and prayers are with our member, Judge Vincent A. Culotta, in the loss of his father, Mr. Vincent V. Culotta. Mr. Culotta was a former business owner who was involved in his community and with his family. Survivors are his children, Judge Vincent A. Culotta, Vicki Apanavicius and Michael Culotta; grandchildren, Gabrielle and Victoria Culotta, Vaiva, Sara and Amanda Apanavicious and Ryan, Jessica and Scott Culotta; brothers, Sam and Gary Culotta; and many nieces and nephews. Mr. Culotta will be greatly missed by his family and his community. Our sincere condolences go out to Judge Culotta and his family. Submitted by Judge Ted Klammer Memorial Committee FORMER FBI STRICTLY CONFIDENTIAL FORMER FBI STRICTLY CONFIDENTIAL AFFORDABLE RATEAFFORDABLE RATE Confidential Investigative Services, Inc. Free Consultation * Available 24 Hours PERSONAL INVESTIGATIONS - Criminal Investigations - Marital /Relationships - Child Custody - Missing Persons - GPS Tracking CORPORATE INVESTIGATIONS - Background Checks - Workers Comp. Investigations - Criminal Investigations - Insurance Investigation - Security Consulting FORMER FBI STRICTLY CONFIDENTIAL AFFORDABLE RATES TOLL FREE

8 March 5, 1927 Sat., Mar. 6 March 9, 1927 Wed., Mar. 10 Fri., Mar. 12 Sun., Mar. 14 Tues., Mar. 16 Wed., Mar. 17 MARCH CALENDAR CONSTITUTION OF LCBA ADOPTED NOTARY TEST 10:00 a.m. at LCC FIRST OF LCBA (Presided over by Temporary Chairman M.A. Tuttle, until formal election of office) EXECUTIVE BOARD 12:00 Noon at Panera s Next to Kohl s in Mentor FAMILY LAW SEMINAR Cappelli The Comfort Inn Mentor, Ohio *See enclosed flier and the website for more Information. DAYLIGHT SAVINGS TIME BEGINS REAL ESTATE COMMITTEE 8:00 a.m. at 41 East Erie St. in Painesville FAMILY LAW COMMITTEE 5:45 p.m. at Chester s in Painesville ST. PATRICK S DAY Thurs., Mar. 18 GRIEVANCE COMMITTEE 8:00 a.m. Second Floor of the Courthouse West Annex LITERARY March 18, 1902 FIRST RECORDED OF LCBA Fri., Mar. 19 Sat., Mar. 20 DEADLINE FOR LAKE LEGAL VIEWS SPRING BEGINS Thurs. Mar. 25 PROBATE COMMITTEE 8:00 a.m. Perkins on Mentor Avenue In Painesville Fri., April 2 Sun., April 4 Sat., April 10 GOOD FRIDAY EASTER APRIL CALENDAR NOTARY TEST 10:00 a.m. at Lakeland Community College Bldg T, Room 129 Wed., April 14 EXECUTIVE BOARD 12:00 Noon at Panera s Next to Kohl s in Mentor Thurs., April 15 GRIEVANCE COMMITTEE 8:00 a.m. Second Floor of the Courthouse West Annex LITERARY 4:45 p.m. Judge Culotta s Office Tues., April 20 REAL ESTATE COMMITTEE 8:00 a.m. at 41 East Erie Street In Painesville DEADLINE FOR LAKE LEGAL VIEWS Wed., April 21 FAMILY LAW COMMITTEE 5:45 p.m. at Chester s in Painesville Wed., April 28 LUNCH FORUM 11:00 a.m. at Hellriegel s Inn Mentor Avenue in Painesville Thurs., April 29 PROBATE COMMITTEE 8:00 a.m. at Perkins Mentor Avenue in Painesville Any and all articles submitted for publication in Lake Legal Views must be received by the Lake County Bar Association before the 20 th of the month prior to publication. Please submit in Times New Roman font, 12 pt. Copy should be single spaced. Tues., Mar. 30 Wed., Mar. 31 PASSOVER LUNCH FORUM 11:00 a.m. at Hellriegel s on Mentor Avenue in Painesville 8 Thank you for your cooperation.

9 Lake County Bar Association Executive Board Meeting Minutes January 13, 2010 Drafting off the Nor easter wind stream ebullience of the Law Library Annual Meeting, Vice President Klammer stepped into the estimable boots of the absent President Murray and called to order the Meeting of Lake County Bar Association Executive Board on January 13, 2010, at 1:27 p.m. at Cappelli s. Also in attendance were Michael C. Lucas, Secretary; Noreen Koppelman-Goldstein, Treasurer; Anthony J. Aveni, Trustee; Lora Lynne Stalnaker, Trustee; and David Sternberg, District 18 Representative. A motion was made by Anthony Aveni to approve the Minutes of the December 9, 2009 meeting, and Lora Lynne Stalnaker seconded the motion. The motion passed. Treasurer Noreen Koppelman-Goldstein offered the Treasurer s Report and provided a general review of the same. A motion was made by Anthony Aveni and seconded by Lora Lynne Stalnaker to approve the Report as submitted. The motion passed unanimously. Old Business A written summary of the recent Bar Admissions hearing held in Columbus and presented by attorney Brandon Dynes was reviewed. A motion was made by Michael Lucas and seconded by David Sternberg to authorize payment of attorney Dynes fee as submitted. The motion passed unanimously. New Business The Board reviewed a request for funds for the annual mock trial event. David Sternberg moved to authorize the President of the Bar Association to expend up to a maximum of $ in funding the 2010 mock trial for refreshments and support. The motion was seconded by Lora Lynne Stalnaker and passed unanimously. There was a general discussion regarding the Bar Association-sponsored Annual Procrastinator s Seminar fee from December 2009 and its comparative cost to the members. Perhaps not coincidentally, the overwhelming portion of the discussion was generated by the Board attorneys whose surnames were neatly bracketed between the letters A and L. As the Board agenda ebbed to its inexorable conclusion, these Minutes would not be complete without noting David Sternberg s posted question to the entire Board regarding the continuing onslaught of lawyer criticism, What have we become? Like General MacArthur addressing the surrender of military advantages in his famous address to Congress upon his recall from Korea, the Board members could not answer. The meeting was adjourned at 1:46 p.m. by Vice-President Klammer. Despite the unfounded rumors (I hope) that the previously recorded and published minutes for this year have been turned into widely disparate origami projects, the minutes shall always be Respectively submitted, Michael C. Lucas Secretary Willoughby AV rated law firm seeks an attorney with a minimum of two years experience in the areas of Domestic Relations and Civil Litigation. Submit resume and references to : 9

10 Court of Common Pleas Lake County, Ohio Eugene A. Lucci, Presiding Judge LAKE S 2010 MOCK TRIAL DISTRICT COMPETITION A SUCCESS On February 5, 2010, students from 11 area high schools fielded 21 teams in the Ohio High School Mock Trial competition at the Lake County Court House. Seven teams emerged as winners to go on to the regional competition. Winning both their morning and afternoon trials and advancing to the regional competition were the teams from Riverside/John R. Williams (Team Logos) 1st place, Willoughby South High (Team Gray) 2 nd place, Harvey High (Team Raider) 3rd place, Willoughby South High (Team Blue), Lake Catholic High (Team Veritas), Cornerstone Christian High (Team Law), and Gilmour Academy High (Team Blue). The Lake County Bar Foundation awarded $500 to each of the top three winning teams to defray expenses involved in competing in the regionals. The Lake County Bar Association provided lunch for the judges, attorneys, hosts, and other volunteers, and refreshments for the teams, and their teachers and advisors. I thank the foundation and association for their generous financial support. The Ohio Mock Trial Program is the only educational program in Ohio designed to allow high school students to become more aware of their constitutional rights and responsibilities by participating in a statewide mock trial competition. The Ohio Mock Trial Program was established by the Ohio Center for Law-Related Education in 1983 with 32 teams competing, and 26 years later it has grown to over 360 teams from 200 schools and 55 counties with approximately 3,500 students participating each year. Additionally, more than 1,000 lawyers, judges, teachers, and other volunteers contribute their time each year helping at one of the 30 district, 9 regional, or the state competitions. Ohio has the 4th largest high school mock trial program in the nation behind only California, Texas, and New York. Each year, volunteer attorneys fabricate a set of facts that raises a constitutional issue relevant to the students own personal experience. Issues of personal autonomy, substantive and procedural due process, freedom of speech, and protection from unreasonable search and seizure have become more meaningful to students through these cases. The Ohio High School Mock Trial competition analyzes the proper limitations upon students First Amendment rights in the digital world. In this year's case, a high school student enrolled in an advanced placement history class is suspended for violating a school disciplinary code after posting comments critical of the teacher on his/her personal blog. The student has filed a lawsuit against the school district alleging that the school impermissibly abridged off-campus speech. The trial for the mock trial competition has been bifurcated and will focus only upon whether the school is liable for violation of the student s First Amendment right of free speech. In teams of four to nine, students work with their teachers and team legal advisors to prepare for court. They prepare and present the opening statements, closing arguments, and witness examinations that adult attorneys would; similarly they portray the witnesses called to testify just as people do in real life. In Lake s District competition, each team s performance was evaluated by a judicial panel comprised of a judge and two attorneys. The participating judges were Judges Timothy P. Cannon, Richard L. Collins Jr., Joseph Gibson, Ted Klammer, Karen D. Lawson, Eugene A. Lucci, Paul H. Mitrovich (retired), Colleen M. O Toole, Richard A. Swain (retired), and William W. Weaver (retired). The participating attorneys were Walter J. McNamara III, Linda D. Cooper, Anna Parise, Concetta Grimm, Jeremy Iosue, Matt Lallo, Amanda Condon, Mary Malone, John Hurley, John Thomas, Jason Wuliger, Adriene Foster, Pamela Kurt, Werner Barthol, Michael Murray, James Carrabine, Edward Heffernan, Joseph R. Klammer, Richard Vadnal, Jeff Ferkol, James O'Leary, Joanne Gurley, Jeffrey McGaffick, Randy Taylor, and Jamie Eck. I thank all of the judges and attorneys for making this year s competition a success. This year s Lake District competition involved 21 teams from 11 high schools, representing Andrews-Osborne Academy, Cornerstone Christian Academy (two teams), Gilmour Academy (two teams), Harvey High, Kirtland High, Lake Catholic High (two teams), Mentor High (two teams), Perry High (two teams), Riverside/John R. Williams High (three teams), St. Edward High (three teams), and Willoughby South High (two teams). Each team argued twice, once for the plaintiff and once for the defense. The teams who won both the morning and the afternoon trials have won the right to represent the Lake District in the Regional Competition on February 26th at a site to be determined. The preliminary state competition rounds will be held on Thursday, March 11, and Friday, March 12, at the Franklin County Courthouse in Columbus, Ohio. The semi -final (if needed) and final championship round will be held at the Ohio Statehouse in the Senate Finance Hearing Roomin Columbus, Ohio on Saturday, March 13, at either 9 a.m., or 1 p.m. depending on whether the semi-final 10

11 An Independent Investment Advisor established 1990 You are not our only client But we will treat you like you are! We have provided individualized wealth management since Your needs and those of your clients are unique so your investment plans and litigation support must be as well. As independent advisors we can find the investment products and services that can help you and your clients achieve your personal goals and objectives. Global resources with home town service, serving clients around the corner and around the world since For a confidential appointment contact our office at (440) or There is no cost or obligation. Through Raymond James we offer: Structured Settlements Private Wealth Management Full Trust Company Services Estate Planning & Strategies Investment Banking & Corporate Finance Corporate Retirement Plans and Retirement Income Planning Randy Carver, CRPC Registered Principal, RJFS Securities offered exclusively through Raymond James Financial Services Inc. Member FINRA/SIPC 7473 Center St. Mentor OH (Continued from page 10) OCLRE is sponsored by the Supreme Court of Ohio, the Ohio State Bar Association, the American Civil Liberties Union of Ohio Foundation, and the Ohio Attorney General s Office. In addition, the Ohio mock trial competition is made possible in part by a grant from the Ohio State Bar Association Foundation. Judge Eugene A. Lucci Coordinator Lake District Ohio Mock Trial Competition 47 North Park Place, Painesville, Ohio Tel. (440) ; Fax (440) Website ****************************************************************************** Legal Administrative Assistant Work from home (Solid Experience) Days/Evenings/Weekends Contact Joanie Briar at (440)

12 Dog s Purpose? (from a 6-year old) Submitted to: Editor, Lake Legal Views From: Micro, Bob Gambol s dog Being a veterinarian, I had been called to examine a ten-year old Irish Wolfhound named Belker. The dog s owners, Ron, his wife Lisa, and their little boy Shane, we re all very attached to Belker, and they were hoping for a miracle. I examined Belker and found he was dying of cancer. I told the family we couldn t do anything for Belker, and offered to perform the euthanasia procedure for the old dog in their home. As we made arrangements, Ron and Lisa told me they thought it would be good for six-year old Shane to observe the procedure. They felt as though Shane might learn something from the experience. The next day, I felt the familiar catch in my throat as Belker s family surrounded him. Shane seemed so calm, petting the old dog for the last time, that I wondered if he understood what was going on. Within a few minutes, Belker slipped peacefully away. The little boy seemed to accept Belker s transition without any difficulty or confusion. We sat together for a while after Belker s death, wondering aloud about the sad fact that animal lives are shorter than human lives. Shane, who had been listening quietly, piped up, I know why. Startled, we all turned to him. What came out of his mouth next stunned me. I d never heard a more comforting explanation. It has changed the way I try and live. He said, People are born so that they can learn how to live a good life like loving everybody all the time, being nice, right? The six-year old continued, Well, dogs already know how to do that, so they don t have to stay as long. Live Simply. Love generously. Care deeply. Speak kindly. Remember, if a dog was the teacher you would learn things like: When loved ones come home, always run to greet them. Allow the experience of fresh air and the wind in your face to be pure Ecstasy. Never pass up the opportunity to go for a joyride. Take naps. Stretch before rising. Run, romp, and play daily. Thrive on attention and let people touch you. Avoid biting when a simple growl will do. On hot days, drink lots of water and lie under a shady tree. On warm days, stop and lie on your back on the grass. When you re happy, dance around and wag your entire body. Delight in the simple joy of a long walk. Be loyal. Never pretend to be something you re not. If what you want lies buried, dig until you find it. When someone is having a bad day, be silent, sit close by, and nuzzle them gently. ENJOY EVERY MOMENT OF EVERY DAY! Bob Gambol & Micro 12

13 NOMINATING COMMITTEE REPORT On February 17, 2010 the Lake County Bar Association Nominating Committee, consisting of Geoff W. Weaver, Robert A. Gambol, Walter J. McNamara, Mark A. Ziccarelli and David J. Sternberg met and submits the following slate for election at the Annual Meeting, June 9, 2010, for the year PRESIDENT: Joseph R. Klammer VICE-PRESIDENT:. Noreen Goldstein TREASURER:. Michael C. Lucas SECRETARY:.. Lora Lynne Stalnaker TRUSTEE: Michael P. Hurley OF SPECIAL INTEREST MARK YOUR CALENDARS for these upcoming events: FAMILY LAW SEMINAR March 12, 2010 Cappelli s at the Comfort Inn Mentor, Ohio See enclosed flier for details. LUNCH FORUM March 31, 2010 Managing the Media: Lawyers and the Press 11:00 a.m. Hellriegel s Inn, Painesville Details for these events can be viewed on the website at Please remember to notify the Bar Office whenever you change your address. REPORT ON APPLICANTS FOR ADMISSION TO THE LAKE COUNTY BAR ASSOCIATION Pursuant to the by-laws, the Membership Committee reports that the following applicants have qualified for membership in the Association and the applications have been approved by the committee: FEBRUARY CHRISTINA CONLIN is an attorney who resides in Cleveland, Ohio and is currently job searching. Michael Deleone Committee Chairperson 13

14 A synopsis of a book report presented by Judge Paul H. Mitrovich at the January 21, 2010 meeting of the Literary Committee. MASTERS AND COMMANDERS: How Four Titans Won The War In The West, by Andrew Roberts is a book which exposes the underlying intrigue and mistrust which existed between the Allies. The author discusses and analyzes the relationships between four primary personalities who shaped the Allied policies for fighting and winning World War II. The book centers on President Franklin D. Roosevelt, Prime Minister Winston S. Churchill, General of the Army George C. Marshal and Chief of Staff General Sir Alan Brooke. These men fought battles far different than those on the battle field. These battles were among themselves in deciding the direction each of the Allies should take in winning the war against Germany and Japan. These battles were hard fought and were complicated in the political, economic and imperial goals and objectives of each nation. The distrust between the Allies developed over the issue of when the Allies should invade Europe. General Marshal wanted to attack Hitler in Europe in 1942 while he was weak. Churchill and Brooke were fearful of attacking Germany directly and wanted to maintain their war effort on the periphery. Churchill was content in allowing the Russians to bear the major burden of the war as long as it aided Britain. Four out of every five battle casualties during the war were born by the Russians. Marshal wanted to attack Europe as soon as possible to take the pressure off the Russians and assure they would not collapse as seemed the case in Britain only thought if its Empire interests after the war at the expense of its allies. Britain, locked in a losing battle in North Africa, wanted the United States to join the fight. Marshall resisted because he saw North Africa as a campaign which would not topple Hitler, no matter what the outcome. Further Marshal foresaw that entry of the U.S. into North Africa would pave the way for Britain to insist on invasion of Sicily and Italy to protect England s lines of communication to its oil fields in Iran and Iraq. Marshal considered these endeavors as side shows which used up men and material without any tangible return. In the First World War England had squandered thousands of men and in the beginning of the Second World War she sacrificed more men and material with two ill fated evacuations from the France, Dunkirk and South of France. Added to these fiascos were more senseless ventures in Dakar (Senegal, W. Africa), Greece, Crete, Antwerp, and Norway. At the same time the British Army was being punished in North Africa by the Germans and Italians, and the Japanese were steam-rolling English forces in the Pacific Empire in a few months. Australia and India were being threatened and England did not have the wherewithal to defend these possessions. Further, faced with invasion of the home islands, England truly was in dire straits of collapsing. All of these pressures and failures caused the British to fear a direct confrontation with the German Army. England had lost confidence in its fighting men and its generals. England s reluctance to commit against Hitler was a major dividing point and source of distrust between the Allies. Hitler s decision to attack Russia saved England from invasion and the United States entry into the war saved her Empire. Britain refused to cross the channel in 1942 but promised it would do so in In the meantime, Churchill intrigued with Roosevelt to have the United States enter North Africa. Roosevelt was facing mid-term elections and wanted to U.S. to commit to combat somewhere. Since the Continent was out of the question, the only place was North Africa. Marshall objected but was overruled. After North Africa came Sicily and then Italy at Churchill s instigation. Marshal was again overruled. Sicily and Italy only aided England at the expense of U.S. men and material. Churchill later bragged that he had dragged the Americans into the Mediterranean and operations there were successful due to the English effort. This was untrue as the major burden in Italy was carried by the Americans. In 1943, England again put off cross Channel operations until Churchill pressed for continued fighting in Italy but by this time Marshal had convinced Roosevelt of the futility of continuing in Italy at the expense of Europe. By this time, the United States was supplying 12 million men and most of the war material While England was only supplying 4.5 million men. The decision making process was taken from Churchill. Matters between Churchill and Roosevelt had deteriorated to a point where Roosevelt refused to answer Churchill s letters and communications. While the planning for the invasion of Europe was taking place the issue of Supreme Allied Commander had to be settled. Churchill readily agreed to appoint Eisenhower because he was fearful the invasion would fail and did not want an Englishmen to be blamed. This did not prevent Churchill, however, from undercutting Eisenhower with Montgomery. Churchill s actions were motivated by a desire to control operations while refusing to take responsibility for them. Churchill badgered Eisenhower, sometimes twice per day, to give Montgomery more men, material and higher command. Churchill wanted to divide the American forces and place half under command of Montgomery. Marshal was incensed by these tactics and confronted Churchill and Brooke. At this point Churchill and Brooke realized they had no real power over the Americans and backed off. The secret of Allied discontent was guarded closely during the war and only the idea of complete unanimity was presented as united front. With all the arguments and ill feeling between the Allies, Marshal said after the war, Our greatest triumph really lies in the fact that we achieved the impossible, Allied military unity of action. 14

15 LAKE COUNTY BAR ASSOCIATION FISCAL YTD Profit & Loss Statement June 1, 2009 thru May 31, 2010 INCOME 401-Bar Roster $ Dues 44, Grievance 1, Interest Income Lake LV Ads 2, Notary Fees 10, Referral Fees 1, Weekly Lunch 2, Miscellaneous 29, Golf Outing 15, Seminar 414-Judge s Seminar 12, Probate 9, Procrastinator s Seminar 1, Family Law 1, Total 413-Seminar 24, Website Listing 4, Supreme Court Trip , BALANCE SHEET Fiscal YTD as of May 31, 2010 ASSETS Cash on Hand $151, Total Fixed Assets 2, Interest Receivable TOTAL ASSETS $153, LIABILITIES & EQUITY Current Liabilities $ EQUITY Retained Earnings $129, Net Income - 23, TOTAL EQUITY $153, TOTAL LIABILITIES & EQUITY $153, TOTAL INCOME $141, EXPENSE 601-Accounting Fees 1, Casual Labor Bank Charges Courthouse Plaques Flowers & Memorials Golf Outings 12, Grievances 1, Employee Retirement 1, Insurance Health 10, Insurance-Other Lake Legal Views 3, Lunch Payments 3, Membership Miscellaneous Expense 3, Mock Trial Office Equipment 1, Office Expense 4, Office Supplies 1, Recognition Payroll Taxes 3, Postage 1, Seminars 655-Family Law Procrastinator s Seminar Probate 3, Judges Seminar 6, Total 642-Seminars 10, CONFIDENTIAL INVESTIGATIVE SERVICES, INC. P.O. Box 1158 Mentor, OH LITERARY What you want to know We discover! Nancy Robison (440) Criminal Investigator Fax: (440) There will be a Literary Meeting on Thursday March 18, 2010 at 4:45 p.m. in the office of Judge Vincent Culotta on the first floor of the Court House. The presentation will be a film titled, A Conversation on the Constitution with Justice Ruth Bader Ginsburg on the 14 th Amendment. 643-Telephone 1, Travel Reimbursement 1, Rent 4, County Telephone Supreme Court Trip , Wages 42, TOTAL EXPENSES $ 118, OTHER INCOME 500 Bar Foundation Dues NET INCOME $ 23,

16 Lake County Bar Association P.O. Box 490, Courthouse West Annex Painesville, Ohio ADDRESS SERVICE REQUESTED PRSRT_STD U.S. POSTAGE PAID PERMIT NO. 597 Painesville, OH GOD BLESS AMERICA LEGAL PROCESS & LOCATOR SERVICES Experienced - Attorney Referrals Daniel F. Ponstingle Euclid Avenue Willoughby, Ohio (440) LAKE LEGAL VIEWS Editorial Staff: Editor.. MICHAEL C. LUCAS Judicial Coordinator... JUDGE JOHN TREBETS LCBA Executive Director.. RUTH ANN SHULTZ LCBA Administrative Assistant CARRIE HARPS LCBA Executive Board: President. MICHAEL D. MURRAY Vice President. JOSEPH R. KLAMMER Treasurer. NOREEN KOPPELMAN-GOLDSTEIN Secretary. MICHAEL C. LUCAS Past President. MARK A. ZICCARELLI Trustee MICHAEL P. HURLEY Trustee ANTHONY J. AVENI Trustee. LORA LYNNE STALNAKER District 18 Board of Governors DAVID A. McGEE District 18 Representative DAVID J. STERNBERG LAKE LEGAL VIEWS is a publication of the Lake County Bar Association P. O. Box 490 Courthouse West Annex Painesville, OH PHONE: (440) or (440) FAX: (440) Lake County Bar Association DON T FORGET TO PAY YOUR LAKE COUNTY BAR ASSOCIATION 2010 DUES!! CALL TO CHARGE YOUR DUES BY PHONE TO YOUR MASTERCARD OR VISA OR MAIL A CHECK TO THE LAKE COUNTY BAR ASSOCIA- TION, 25 NORTH PARK PLACE, P.O. BOX 490, PAINESVILLE, OH


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