The big news this week on the legal blogs – Google Scholar now searches case law!

It is fast and easy to use.  You can search by case name (Terry v. Ohio) or by topics (fourth amendment). 

Let’s Get Started

Go to Google.com.  Click MORE at the top of the page and from the drop down choices, select SCHOLAR.  Make sure to click the radio button for “Legal Opinions and Journals.”  Enter your search.  That’s it…very easy.  Here is a direct link to Google Scholar to save in your Favorites. 

Picking a Jurisdiction

Do you need to just search Ohio cases?  Click on the Advanced Scholar Search to the right of the search button.  At the bottom of the next screen you can select to search one state or a grouping of states.  You can also search just federal court opinions if you wish.  While you are on the Advanced Scholar Search page, you may also want to limit your search by date.

The Results

Did I mention that it was FAST!  Thousands of cases searched and results displayed in seconds.  The search results are sorted by the highest courts first and by the most cited cases.   From the resulting list of cases, click on the name of a case to read the opinion.  Your search terms are highlighted in the case.  Many cases mentioned in the opinion link directly to the case.  Statutes and rules cited in the opinion are not linked.  This should be an easy fix for Google since statutes and court rules are already available for free on the web.  See here for free Ohio Statutes and here for Ohio Court Rules.  

Page numbers on the left cite to the West Reporters.  Watch out…there has been some criticism that the pages numbers may be off by a couple of words.

The HOW CITED tab takes you to lists of cases that cite your case or are related in some way (Cited By, on the right).  Also on the left are cases that quote from you case (How This Document Has Been Cited).  The left column gives snippets from the citing case.  Opening one of these cases will take you directly to the relevant part of the case.

Searches will also list law journals but a subscription is usually needed to go to the full text copy of the article.   This may be changing as more law reviews move to the web.

Search Tips

• Use quotation marks to search phrases.  Many legal concepts are often phrases- habeas corpus, sovereign immunity, Second Amendment, etc., so use the quotes. 
• If your search pulls up too many results, use the date restriction at the top of the page in the SCHOLAR line.  The default is all dates.  The drop-down arrow allows you to narrow the results by year ranges.

Coverage

“Google Scholar allows you to search and read opinions for US state appellate and supreme court cases since 1950, US federal district, appellate, tax and bankruptcy courts since 1923 and US Supreme Court cases since 1791 (please check back periodically for updates to coverage information).  In addition, it includes citations for cases cited by indexed opinions or journal articles which allows you to find influential cases (usually older or international) which are not yet online or publicly available.”   Source

 See Google’s Nov. 17^th announcement for more information.

On November 2, the U.S. General Accountability Office (GAO) released a report analyzing the Dept. of Defense’s ability to drawdown (or withdrawal) U.S. Forces from Iraq.   Troop withdrawal plans are based on the U.S.-Iraq Security Agreement signed in 2008 (support by President Obama here ) and intend to reduce to 50,000 troops by August 2010 and be completely withdrawn by the end of 2011.  This task is daunting and means the drawdown of 128,700 U.S. troops, 115,000 contractors, closing 295 bases and the retrograde of over 3.3 million pieces of U.S. DOD equipment in Iraq worth $45.8 billion.  Can the DOD meet the timeline set by the President and the U.S.-Iraq Security Agreement?  The GAO took a look.

The U.S. General Accountability Office is considered a watchdog agency that examines the use of public funds; evaluates federal programs and policies; and provides analyses, recommendations and other assistance to help Congress and the President make decisions.  The following are problems that the GAO identified as impeding the phased withdrawal of U.S. troops from Iraq.  More details about each are found in the report.

• contract services that need to support the drawdown have not been fully identified;

 • potential costs and other concerns of transitioning key contracts that may outweigh potential benefits;

• longstanding shortages of contract oversight personnel may increase the likelihood of wasteful practices during the drawdown;

• some key decisions about the disposition of equipment that have not yet been made; what equipment will be given to the Iraqi government and what will return to the U.S.?

• longstanding information technology system weaknesses and problems with legacy systems; and

• a lack of complete and accurate inventory over some equipment.

The GAO’s prediction- “Without resolution, these issues may inhibit the efficient and effective execution of the drawdown.”

________________________________________________ 

Below are some key documents related to the U.S. withdrawal from Iraq:

1. U.S./Iraq Security Agreement , also called Iraq Status of Forces Agreement (SOFA).  Agreement between the United States and the Republic of Iraq on the Withdrawal of United States Forces from Iraq Nov. 17, 2008  (24 pages) and from the White House website here. 
2. Strategic Framework Agreement  (SFA) Nov. 17, 2008 (8 pages) and from the White House website here.
3. Operation Iraqi Freedom: Preliminary Observations on DOD Planning for the Drawdown of U.S. Forces from Iraq, GAO-10-179, November 02, 2009, (29 pages).
4. Multi-National Forces-Iraq web site.   (Just click “continue” to get through the certificate errors.)
5. U.S. Department of State Weekly Iraq Status Reports
6. Other U.S. GAO reports on Iraq and Afghanistan

Questions:

1. In the last 50 years or so, how many U.S. Supreme Court cases dealt with Fifth Amendment self-incrimination?
2. Of the four Court eras covered by the database (Warren, Burger, Rehnquist and Roberts), which court era had the most number of liberal decisions?
3. How many cases from Ohio made it to the U.S. Supreme Court?

 
Answering these types of questions just got easier.  Released this week, the Supreme Court Database allows anyone to search, pull up cases, and perform simple analyses.  This new database has created quite a stir on the legal blogs. 

 
The best part of the Supreme Court Database is the search options! 

If you are interested in a single case, you can access information about it (along with links to the decision) by entering the citation or case name.  A detailed case report includes lower court background, a break down on how the Justices voted for each legal issue in the case, whether the outcome is considered conservative or liberal, and links to copies of the decision on the web.  Two links point to free copies of the case decision.

If you want to analyze all the cases or a grouping of cases, use the database search to create lists of cases by legal issue, or by Court Era, by vote detail by each Justice, vote direction (liberal or conservative), legal precedent changes, etc.

I had fun trying all sorts of searches.  How many cases declared law unconstitutional?  How many cases changed precedent?  What are the 50 most prevelant petitioners (the person who initiated the case)?  The database searches are lightening fast!  No waiting for tables to display.

“In addition to providing a web-based platform to search and analyze the Supreme Court Database, this site also provides downloadable files that researchers can use with their own statistical software.”  Durable links to searches, lists and tables work also!  Generate lists or tables and share the link with others.   For an example, see my answer links below.   Way Cool!

To use the database:  At the Supreme Court Database site, click the Analysis search tab and then click the Specifications tab.

Coverage:   Data coverage right now is from 1953 to 2008 and includes data for 7367 cases. The database will be continuously updated.   Funding from the National Science Foundation is supporting the posting of the court’s decisions and data back to 1792 over the next four years.

Answers:

1. There have been 106 U.S. Supreme Court cases on self-incrimination under the Fifth Amendment.  Click for a list of these cases.   
2. The Warren Court had 66.7% liberal decisions and only 32.1% conservative.  Click for the table.  (If you wish to see how liberal and conservative is determined, click on documentation. )
3. In the last 50 years, 80 cases from Ohio reached the U.S. Supreme Court.  Click for a list of these cases.     

Let's have some fun!  Below is a sampling of haunted courthouses, haunted jails and even haunted libraries.  Some of the ghostly apparitions were caught on security cameras or web cams!  

Haunted Courthouses

• Lincoln County Courthouse, NC.  Charlotte News (after clicking on the link scroll down to read the article and see the video from a surveillance camera).  Possible explanation and a better quality video is found here .
• Pickens County Courthouse, Carrollton, Alabama has the famous face in the window.  Background story here and more pictures here.

 Haunted Jails

• Ohio State Reformatory in Mansfield is included on most lists of haunted jails.  Story here.   Sign-up for ghost walks and ghost hunts or visit the Reformatory for Halloween.
•  Alcatraz Federal Prison, now a national park, with history here and Alcatraz ghost stories here.    YouTube video interview and ghost photographs.  Judge for yourself!

Haunted Libraries

• The Willard Library, Evansville, Indiana, has had a ghost cam for years.  Software allows users to click and post images from the library’s three cameras.  The fun is looking at postings by others to see if you see the ghost.  Make sure to click in the bottom of each frame to “get a better look.”
• Here is a listing of more haunted libraries in the Midwest and Ohio. 

 Buying a Haunted House?

Can you back out of a deal if you bought a home but then discover it is haunted?  Can you get your money back?  Well, in New York in 1991 there was such a case,  Stambovsky v. Ackley, 572 N.Y.2d 672 (NY App. Div. 1991).  It seems that Helen Ackley owned the home and knew that it was haunted.  In fact, so did everyone in the neighborhood.  Helen enjoyed the ghosts but the new owner, who was from New York City, did not know about the house’s reputation, did not enjoy spending $650,000 for a haunted house and wanted out of the deal.  In the end, the court let the potential buyer out of the contract.  More information with picture of the home here and here.

The judge had great fun writing the opinion, sprinkling references to ghosts, hauntings, paranormal phenomena, and even the Ghostbusters movie.  The opinion begins with…”Plaintiff, to his horror, discovered that the house…”   The judge also stated that the “as a matter of law, the house is haunted.”   The court opinion is fun to read, is only 6 pages long and can be found here.   More about the story here.

Happy Halloween!

Here is a look at some health care reform initiatives at the state level.

1.   National Governors Issue Brief Highlights State Employee Health Management Initiatives

"States are exploring programs to combat the chronic diseases that account for more than 75 percent of all health care costs, including the states', according to a new Issue Brief from the National Governors Association Center for Best Practices (NGA Center).  State Employee Health Management Initiatives looks at initiatives being implemented by states to curb rising costs for health care while continuing to provide health benefits to their employees. Recognizing the high costs of health care, states—which collectively employ more than 4 million people—are increasingly offering health management programs to improve employee wellness."

Source: beSpacific blog 
National Governors Association  

2.       State Legislation on Comprehensive Health Care Coverage

The Library of Congress has links to states that have “attempted to pass their own laws to provide health care to cover all residents or all uninsured residents. ” Organized in a nice chart, the links take the user to a brief description of the laws, the coverage the states offer, employer and individual contributions, and exemptions from the laws.  ”As the current debate on health care reform continues, these states programs provide experimental models of government comprehensive health care legislation.”

3.        What is Ohio doing to improve access to health coverage, improve quality and contain costs?

Under Ohio’s recently enacted state budget (Am. Sub. H.B. 1, 2009), new requirements for insurance companies and businesses could help more than 100,000 now uninsured adults obtain coverage.  For a summary of these changes, go here.  

Anyone with questions about health insurance should call the Department’s consumer hotline at 1-800-686-1526 and visit this page for information.

Ohio Department of Insurance 
Ohio Department of Health 

Exploring Constitutional Law is a wonderful site created by Doug Linder, a professor at the University of Missouri-Kansas City Law School.  “This site explores some of the great issues and controversies that surround our Nation's founding document.”  “It was created for use by those interested in understanding our nation’s most important document.”  Articles address such issues as the right to die, the death penalty, right to bear arms, right of privacy, equal protection issues and First Amendment topics.  The articles link to opinions of related cases and other useful websites.

 Famous Trials  is also created by Doug Linder.  “The Web's most visited and most comprehensive collection of essays, images, maps, primary documents, links, and other materials pertaining to over fifty of the most famous trials of all time, from Socrates to Simpson.”  Mutiny on the Bounty (1792), Amistad Trials (1839), Mountain Meadows Massacre Trial (1875), Earp O.K. Corral (1881), Black Sox Trial (1921), Hauptmann (Lindbergh) Trial (1935), Charles Manson Trial (1970), Chamberlain “dingo” Trial (1982), O.J. Simpson (1995), Clinton Impeachment (1990) and Moussaoui (9/11) Trial (2006) are just a few of the trials covered. 

 For more websites created by Doug Linder can be found here.

From C-SPAN’s  website:

“Beginning Sunday October 4 at 9:00 p.m. and continuing through that entire week–each night at 9:00 p.m. — C-SPAN will present groundbreaking and unique programs on the Supreme Court. Featuring an original documentary production "The Supreme Court: Home to America's Highest Court" as well as an unprecedented collection of original interviews with 9 of the living current and former Supreme Court Justices, Supreme Court week will offer viewers a rare window into the Supreme Court and those that serve there.”

See a virtual tour of the Supreme Court, the justices on the current court, former homes of the court, or watch videos of interviews with the Justices and Supreme Court experts, all on the C-SPAN’s Supreme Court website.

This looks like it will be a good documentary.  Set your DVRs!

The Legal Workshop features short, concise articles written by scholars but for a generalist audience.  You can read the “short and sweet” version on the site, or for some of the articles, you can read the full law review version.  FREE.

Here is more information from a press release:

“A consortium of America’s most influential law reviews launched The Legal Workshop (www.legalworkshop.org ), a free, online magazine featuring articles based on legal scholarship.  The Legal Workshop features short, plain-English articles about legal issues and ideas, written by an author whose related, full-length work of scholarship is forthcoming in one of the participating law reviews.”

“It’s really the best of both worlds,” said Dahlia Lithwick, the Stanford Law alumnus who covers the Supreme Court for Slatein a highly influential column. “The general public can be better engaged with the latest thinking about the law while knowing that what they’re reading is serious scholarship; not just fad or opinion.”

Sort and read articles by topic, by legal journal title or month.  Some popular topics are Constitutional law, Bill of Rights, law and politics, law and economics, etc.

You can search the site using a search box on the page, post comments to articles and there is a RSS feed.

This week, the country celebrated the anniversary of the signing of the Constitution in September of 1787.  Let’s look at some of the various web sites with United States Constitutional materials.

The Library of Congress has a United States Constitution page.  Resources include scanned images of a very early printing of the U.S. Constitution and links to other materials from the Continental Congress (1774).  More here.

The U.S. National Archives also has scanned images of the original Constitution and the Bill of Rights (1789).  View large images, download high-resolution images or just read the plain text transcript.  The transcription is of the original version of the Constitution has hypertext links indicating those sections that have been amended or superseded.

U. S. Senate has a web page devoted to the Constitution of the United States and includes side-by-side explanation of each sentence.  More on the Constitution can be found here.

U.S. House of Representatives has a copy of the Constitution, a list of Constitutional Amendments NOT ratified as well as links to other historical documents about our country.

United States Government Printing Office (U.S. GPO) -  Downloads from this site include the Constitution with the Declaration of Independence in pocket size and full size, list of the unratified amendments, and the Analysis and Interpretation edition which includes annotations of cases decided by the Supreme Court of the United States that affect the Constitution.  http://www.gpoaccess.gov/constitution/index.html

American Bar Association- U.S. Constitution   Here you can either click and display the articles and amendments one at a time or download a PDF copy of the entire Constitution.

For Fun and a Free pocket size Constitution book  - This site includes quizzes, crossword puzzles and word finds about the U.S. Constitution.  Request a free copy of the Constitution!

Here is a nice review of 3 web sites for researching federal legislative information.  I added the Thomas site because it is such a good site and also has RSS feeds.

1. Thomas (Library of Congress)- purpose of the site is to make federal legislative information freely available to the public.  Search for bills, Congressional Committee information, treaties, and other Congressional activity.  Recent additions include RSS feeds for the Daily Digest of the Congressional Record, the House Floor and the Senate Floor.
2.  GovTrack – “allows visitors to research pending legislation by subject area and by Congressional committee. It also allows you to set up bill tracking RSS feeds (with registration) and embed widgets such as for bill status updates. It also has a blog.”
3. OpenCongress (OC) "brings together official government data with news coverage, blog posts, and public comments to give you the "real story" behind what's happening in Congress. OC has a blog and a wiki.”
4. MapLight “is all about the money. Specifically, this site illuminates the connection between campaign donations and legislative votes. It links (a) bill text and legislative voting records, (b) supporting and opposing interests for each bill and (c) campaign contribution data from the Center for Responsive Politics and the National Institute on Money in State Politics.”

Read more about this review written by Jason Sowards at the RIPS Law Librarian blog.  

My previous post some months back also covered finding federal law on the web.

Sometimes I am amazed at what I find when helping patrons.  Here is one of those “gems of information.”

Innocent victims of violent crime can apply online on the Attorney General’s web site for compensation of up to $50,000 in expenses.  There are strict guidelines of course.

First, the crime must be reported to law enforcement within 72 hours of the crime and you must file your application for funds with the Attorney General within two years of the date of the crime.  Here is some more information you should know.

Who is eligible:

●  Those injured during a violent crime
●  Dependents of people killed in a crime
●  Anyone responsible for a crime victim’s finances

What is covered:

●  Medical expenses
●  Counseling
●  Lost wages due to the crime or court proceedings
●  Crime scene cleanup
●  Cost to replace items taken as evidence
●  Funeral and burial expenses
●  Financial support for dependents of deceased victim

 
What is not covered:

●  Stolen, damaged or lost property
●  Pain and suffering
●  Expenses that are covered by other sources, such as insurance
●  Anyone who engaged in misconduct that caused or contributed to the injuries

~~~~~~~~~~~~~~~~~~~~~

Is there any victim services nearby?  There are local victim services agencies that can assist you.  For county Victims Services agencies nearby search here by county.

Where is the form?  More information plus online form here.

Attorney fees?  Attorneys who represent a victim for reparations collect their fees from the state Attorney General, not the victim!  (R.C. 2743.71(B)(3) ).  Here is the form the attorney uses.

What other victim services are offered by the Attorney General?  More about victim services, including victim notification of the criminal case and custody status of offender, here.    

Already filed with the Attorney General?  After you file your claim, you can track the status of it online here.

Not happy with your results with the Ohio Attorney General?
Appeal the decision to the Court of Claims of Ohio  and for more detailed information about Ohio’s victims of crime procedures visit the Court of Claims site.    

For more general information about the functions of the Ohio Attorney General office and other services provided, follow the links.

Question: Isn’t the government protected by immunity?
Answer:  Many actions are protected by sovereign immunity (also called civil immunity), but in 1975 the Ohio Court of Claims Act was passed creating the Ohio Court of Claims.   “The Court of Claims has original jurisdiction to hear and determine all civil actions filed against the state of Ohio and its agencies.”  The Court of Claims Act created a “limited waiver” of immunity and permits certain types of law suits.  Source 

Question:  What kinds of law suits are now permitted? 
Answer: Suits against officers and employees of the state:

1. Arising from the operation of a motor vehicle
2. Actions in which the state is a plaintiff
3. Actions where the officer/employee acted with malicious purpose, in bad faith, or in wanton or reckless manner of whose conduct was manifestly outside the scope of employment. 
   Source:  here and Ohio Revised Code   9.86 Civil immunity of officers and employees; exceptions.

Question:  What are some examples of these types of claims? 
Answer:  Typical claims can involve:

●Contract disputes
●Property damages
●Personal injury
●Immunity issues of state officers and employees
●Discrimination
●Wrongful imprisonment

Question:  How does the Court of Claims work? 
Answer: The Court of Claims handles cases two ways, depending on the dollar amount of the claim.

1.  $2,500 or less – are determined administratively by the clerk pursuant to R.C. 2743.10. ("Administratively" means solely on the contents of the case file.)
2. Claims of more than $2,500 are determined by a judge.

Question:  How do you bring a case in the Court of Claims?
Answer: Below are links to helpful information:

1. Practicing in the Court of Claims- provides detailed instructions.     This link takes you to the web version of a book and there is a PDF version on the web page that allows you to download this 70 page book for FREE.
2. Special court forms for this court 
3. Rules and procedures for this court
4. Search cases and see actual complaints filed.   You can search by an individual’s name, case number, or search by the state agency, state commissions and boards.  You can find all the cases filed against various state agencie such as, the State Lottery, the Civil Rights Commission, the State Medical Board, various state universities, and even cases filed against the Office of the Governor!  After opening a case file, clicking on the PDF icons opens the documents filed in the case.

Contact Information:
website http://www.cco.state.oh.us/index.php
Phone 1-800-824-8263

Want more information? 
Ohio Revised Code sections about the Court of Claims

 Next week we will look at how victims of crime can use the Attorney General and the Court of Claims for compensation.

Sometimes when I am helping library users, they ask for a “simple” description of what happens in a trial.  Cases can get complicated very quickly and  if you are litigating your own case, you need to know what the next step is to prepare your case properly.  Today I am providing links to websites that describe the stages of a typical civil and criminal trial.  Some of the sites are from other state courts but are general enough that they still apply for Ohio.

Civil Trials

What happens in a pre-trial conference? 
What is discovery? 
What is the difference between a motion and a pleading? 

To answer these questions take a look at these sites:

Steps in a Trial, by the American Bar Association, organizes links in the same order you would come across them in a case.  Click the links to get a description of the step.  More information here.

The Anatomy of a Trial describes the process in paragraph format, but still keeps it brief.  Look here  and here .

Criminal Trials

What happens during initial appearance? 
How do you present evidence? 
What is a rebuttal?

The American Bar Association (ABA)  and Findlaw.com (site owned by Thompson Reuters)   describe the steps in a criminal case.  Also, the ABA has a Criminal Case diagram.

Audio and Video Ohio Court Case Tours

For strictly an Ohio focus, try the Ohio Case Tours on the Ohio Legal Services site.  The purpose of the Court Case Tours is “to help the residents of Ohio learn more about their local courts, these audio and video files provide a quick and simple explanation of what local courts do.” The trial steps are broken down into one minute video and audio segments starting with pre-trial proceedings through verdicts at the end of a trial.  Courts covered are civil, criminal, and various court divisions like domestic relations, probate, mayor’s court, traffic court, etc. 

Need a more detailed description of the various Ohio Courts?

The Ohio Supreme Court has a nice description here  and a chart of the judicial structure .  

What is the difference between the Federal Court System and the State Court System?

A general overview of the Federal Courts and a brief explanation of Article III courts and Article I courts can be found here.

A great side-by-side comparison chart that looks at structure, types of cases heard and how judges are selected is found here.  

Next week:

So you want to sue the government?  There’s a court for that!

Free legal dictionary app for your iPhone

Download Nolo’s Plain English Law Dictionary for free from the iTunes Store. 

Nolo Press is a publisher of legal self-help books.  “Edited by a team of lawyers with expertise in all the vital areas of the law, Nolo’s Plain-English Law Dictionary contains nearly 4,000 legal terms defined in everyday, understandable language. You’ll find both the legal standards—Latin terms, courtroom jargon, contract basics—and newly minted terms that reflect the ever changing language of the law today.”  This press release  has more information.

Get app here Get App. If the Get App link does not work go to your iTunes software, and then go to the iTunes Store.  Search for “legal dictionary” in the search box in the upper right corner.   You will see several legal dictionaries listed with prices ranging from $9.99 up to $49.99.  Only Nolo’s dictionary is free!  

U.S. Government YouTube channels

This is the “official YouTube channel of the U.S. Government, linking you to videos across government. Visit the playlists and other channels for a wide variety of interesting videos.”  Click on Subscriptions to go to any of the 45+ channels, such as, NASA, CDC, SenateHub, Library of Congress, Veterans, HouseHub, or Ocean Explorer (NOAA).  The Playlist arranges the channels by broad topics.  Missed a Presidential press conference or Town Hall meeting, go to the White House channel and view the video.

 Do you Twitter? 

Those in the legal field do.  You can also set this up to work with your mobile phone.   More about Twitter here.

Here is a list of Legal News Feeds on Twitter.    

Here is a list of Legal Professionals to Follow on Twitter.  The list includes lawyers, law librarians, legal news journalists, etc.

Can a state representative vote for raises for employees of the General Assembly in which his wife was recently hired.  Isn’t this an ethics violation?

Can our local congressman accept free loge season passes to local University football games?

What top 3 lobbyists spent the most money on the Ohio General Assembly last year?

The last few weeks my posts have covered ethics rules and violations, first for the Executive branch and public officials and then for judges, court personnel and attorneys.

There are three state ethics agencies, within the three branches of government, which oversee and administer Ohio Ethics Law:

• •The Ethics Commission for the entire Executive branch and all other state and local public officials and employees; posted here. 
• •The Board of Commissioners on Grievances and Discipline for judges, lawyers and court employees; posted here.      
• •The Joint Legislative Ethics Commission (JLEC) for members and employees of the General Assembly.”
  Source of quote

Today we will look at the last ethics agency- the Joint Legislative Ethics Commission (JLEC).    The JLEC is managed by the Office of the Legislative Inspector General (OLIG) and you will see both names mentioned on the JLEC web site.  The committee members for the JLEC and staff for the OLIG are listed on the web site.

The JLEC/OLIG is responsible for enforcing the ethics laws for members of the legislature, employees and candidates for the Ohio House and Senate.  Just like the other ethics enforcing agencies, there are specific ethics laws, financial disclosure statements and advisory opinions.  The JLEC has one extra duty associated with ethics which we will look at in a moment.  The OLIG is also responsible for enforcing and registering lobbyists.

The JLEC-OLIG web site has navigational links along the top.  Clicking the ETHICS link opens a drop down menu.  You will see listed :

Joint Legislative Code of Ethics.  You can select the full version or a summary.  Some of the rules govern confidential information, compensation, improper influence, conduct, proper use of staff, campaign funds use, and rules concerning accepting honorariums.   

Advisory Opinions.  Another option on the Ethics link is issued advisory opinions.  These are sought by the person to whom the opinion is directed.  If the official follows the issued opinion, they are immune from criminal prosecutions, civil suits or action for removal.  The Advisory Opinions from 1995 to the current are posted here. 

Revolving Door Law and Post Employment Disclosure.  Here is the JLEC’s new responsibility.  In May 2005, Ohio law went into effect applying post employment restrictions.  The law now requires state elected officers and specified staff to disclose to the JLEC-OLIG, whether the person, after leaving state employment, will receive any income from lobbyist or entities that were awarded state contracts of $100,000 or more in the previous two years.  The “Revolving Door Law” applies to all members and staff of the General Assembly.  See here for a more detailed explanation    

The Post Employment Disclosure information and the list of who is suppose to file can be found here.  The public search for previously filed disclosure forms is found here.

Other links under ETHICS include:

Financial Disclosure (lists who needs to file the FDS and searching previously filed forms).  NOTE: the link for searching previously filed Financial Disclosure Statement does not seem to work.  I have already reported this error to the JLEC. 

Report A Violation.  Instructions on how to report an ethics violation plus the phone number 614-728-5100.

Lobbying

You will also want to look at the LOBBYING link on the JLEC web page.  Here you will find Ohio Lobbying Laws, lobbying statistics and under Public Resources, you can find the current list of registered lobbyists. 

 Answers to the above questions:

1.  Can a state representative vote for raises for a General Assembly department in which his wife is employed.  Isn’t this an ethics violation?

No, it does not violate ethics laws.  This is permitted.  See Advisory Opinion 00-006, dated Dec. 13, 2000

2.  Can our local congressman accept free loge season passes to local University football games?

Probably not.  See the rules about gifts, Disclosure Statement section 2(E) and Compensation section 5(B).

 3.  For 2008, which 3 lobbyist spent the most money on the Ohio General Assembly?   

1. Wholesale Beer and Wine Association
2. Ohio Association of Realtors
3. Ohio Environmental Council

I saw the judge for my case talking with the other side’s attorney and my lawyer was nowhere in sight.  Is this allowed?

My attorney missed the deadline for filing court papers and now my case was dismissed.  Who do I report this attorney to for discipline proceedings?

I hired an attorney to probate a deceased relative’s will and now some of the estate’s money is missing.  Can I get reimbursed for the missing money?

Last week we looked at the ethics laws for elected and appointed officials.  This week we will look at the ethics rules for the practice of law. 

The Ohio Supreme Court has the responsibility of overseeing the practice of law in Ohio.  Here is a great flow chart of the disciplinary process.  There are three offices that comprise the Ohio attorney disciplinary system.

1. Office of Disciplinary Counsel – this counsel “investigates allegations and initiates complaints concerning ethical misconduct of judges or attorneys.” 
2. Board of Commissioners on Grievances & Discipline - this commission makes recommendations to the Ohio Supreme Court on the discipline for the ethical misconduct.   Annual Financial Disclosure Statements of judges and magistrates are filed with this office.  Penalties for ethics violations range from public reprimand to temporary license suspension to permanent disbarment from the practice of law.
3. Clients’ Security Fund – This fund was set up “to reimburse losses to clients as a result of the dishonest conduct of a licensed Ohio Attorney.”  This fund is not taxpayer funded, but funded entirely by registration fees paid by every Ohio attorney.  An application for reimbursement can be found on this site.  For help call 1-800-231-1680.

The Ethic Rules for Attorneys

There are specific ethic rules for attorneys, called the Ohio Rules of Professional Conduct.  These rules apply to the attorney-client relationship, conflict of interests, duty of diligence in representing the client, fees and expenses. Some of these rules apply to law firms (see Rule 5) and to prosecutors (see Rule 3.8).    

The Ethic Rules for Judges

The ethic rules for judges are called the Code of Judicial Conduct.  There rules are organized into 4 major categories (called canons). The rules cover integrity, impartiality, avoiding impropriety and the appearance of impropriety.  The rules also cover conflict of interests, ex parte contacts, competence, diligence, bias, and prejudice.  Cannon 4 focuses on judicial candidates.  

For more rules that might apply to the legal profession see the  Ohio Court Rules web page.

Board of Commissioners on Grievances & Discipline

“The Board of Commissioners on Grievances & Discipline of the Supreme Court of Ohio conducts hearings, preserves the record, and makes findings and recommendations to the Supreme Court in disciplinary cases involving ethical misconduct charges brought against Ohio attorneys and judges…. The Board also issues nonbinding advisory opinions on ethical questions.” For help call 1-614-387-9370.

Office of Disciplinary Counsel 

To file a grievance against a lawyer or judge using the Ohio Supreme Court, begin at this web page.    It has answers to Frequently Asked Questions, a disciplinary process flowchart, links to the applicable Rules of Professional Conduct.  Next you will want to visit the Filing a Grievance page which has a complaint form you can download and fill out.  You must mail the form to the address listed on the web page.  There is no way to submit the form over the web.  For help call 1-800-589-5256.

Local Bar Associations will also initiate grievance proceedings against attorneys based on complaints.  Here is information from the Akron Bar Association web page about their process.

Answers to the above questions:

1.  I saw the judge for my case talking with the other side’s attorney and my lawyer was nowhere in sight.  Is this allowed?

Answer: See Rule 2.9 in the Code of Judicial Conduct for some guidance.

2. My attorney missed the deadline for filing court papers and now my case was dismissed.  Who do I report this attorney to for discipline proceedings?

Answer: You can start with your local bar association or the Office of Disciplinary Counsel.

3.  I hired an attorney to probate a deceased relative’s will and now some of the estate’s money is missing.  Can I get reimbursed for the missing money?

Answer:  See example 2 on this web page and more information on the Clients' Security Fund page.    

Our local park official hired her step-son to work as a life guard for the summer.  Isn’t this called nepotism?  Isn’t this against the law?

How can I find out the financial interests and the property owned by a local elected official?

What can we do if a local official is about to commit an ethical violation?  Can we stop him?

"The underlying principle – for all functions of the Ethics Law – is to uphold straight-forward standards of conduct that maintain integrity and propriety in connection with decisions and policy involving public funds. Particularly, the Law prohibits conflict of interest or personal gain in making and implementing public decisions. "  Source  of quote.

Why do public officials violate Ohio Ethics Laws?

This continues to puzzle me.  The information on Ohio Ethics laws is so easy to find and yet we read story after story of violations.  Here are just a few local stories from the last few weeks!  How can there be so many problems?  For federal ethical issues …don’t even get me started. 

• •Local mosquito district gets closer look: Ethics Commission reviewing potential conflict (July 8, 2009)
• •Township Official spared jail time in ethics sentence (May 15, 2009)
• •Hearing date set for trustee (Ethics Commission and prosecutor involved) (July 7, 2009) 
• •Missing funds in local County  (case being reviewed by Ethics Commission) (July 5, 2009) 
  (Some of the above links may not work because they point to archived articles.)

If you have been following my blog posts you already know that Ohio Law  is easily available on the web.  You also know that I often use the Ohio Government web site to conduct legal research.  The Ohio web site has a useful search box in the top right corner.  Type in the word “ethics” and it immediately directs you to the Ohio Ethics Commission home page.   Both of these web pages would be a logical place to start researching about our state’s ethics law.   Heck, even searching “Ohio Ethics” on Google leads right to the Ohio Ethics Commission web site!

Today, we will take a closer look at the Ohio Ethics Commission web site to see what we can learn. 

What is the Ohio Ethics Commission?

“The Ohio Ethics Commission is one of three state ethics agencies, within the three branches of government that oversee and administer the Ethics Law:

1. The Joint Legislative Ethics Commission (JLEC) for members and employees of the General Assembly;
2. The Board of Commissioners on Grievances and Discipline for judges and court employees, and;
3. The Ethics Commission for the entire Executive branch and all other state and local public officials and employees.” 
   Source of quote.

At the top of the Commission’s web page are navigational links.   The second link takes you to Ohio’s Ethics Law and the Administrative Rules governing the Commission itself.  Very easy!

For help in understanding the ethics law, the Commission provides explanatory materials under the Education & Public Information link.  Some of the informational materials include: 

• •Ethics is Everybody’s Business (gives a nice overview of possible violations)
• •Financial Disclosure Fact Sheet
• •Restrictions on Hiring Family Members
• •Reminder About Summer Jobs and Restrictions on Nepotism
• •Local Official or Employee Selling Goods or Services to Local Agency
• •Accepting Gifts, Meals, Entertainment, or Other Things of Value
• •Property Matters Affecting Public Official or Employee

 Advisory Opinions

We next see a link for Advice.  This takes you to the Commission’s Advisory Opinions.  “The purpose of an advisory opinion is to provide guidance in writing to an official or employee before the official or employee engages in an action that may be prohibited by the law.”  A wise official can request an advisory opinion from the commission to help guide them away from a violation.  Interestingly, the Commission will only provide this service for the official.  Concerned citizens cannot request an advisory opinion on an anticipated action.  Although, read on for another option later in this post.

Sometimes we can find an answer to an ethical dilemma by reading an Advisory Opinion previously issued for someone else.  There are hundreds of issued Advisory Opinions available on the Commission’s site going back to 1974.  We can search these Opinions by topic here.  

Penalties?

There are no penalties for asking for and then following the advisory opinion.  “A public official or employee who fails to follow an opinion of the Commission is subject to potential civil and criminal action, and removal from office, for violating the Ethics Law.”  Source of quote. 

Financial Disclosure

We next see a link to Financial Disclosure.    The law requires certain individuals who hold state, county, city elected positions or school board members (in school districts of more than 12,000 students) to file an annual financial disclosure statement.  Here is the list of officials that are required to file.  This web page also lists what financial information they must disclose.  Some items they need to disclose are: all source of income, all businesses they are an officer or board member, all Ohio real estate investments and all investments worth more than $1000.  Make sure to read the entire web page because there are exceptions.

There are also exceptions as to who needs to file the statements.  “Village and township elected officers, board of education members in districts with fewer than 12,000 students, and most state and local public employees are not required to file.”  Ohio Ethics Laws still applies to this group; they are just not required to file the annual statement.

Anyone can request a copy of these financial disclosure filings for FREE.  Instructions are found here.   You must mail in your request or do so in person at the Commission offices in Columbus.  Note:  the dates of availability on the web page are not current but the page was last revised in January 2006, so I suspect the 2006-2008 financial disclosure statements are also available from the commission.

Ethics Commission Investigation

Investigation is another link listed on the Commission’s page.  Once an official commits an unethical act, then it is time for citizens to involve the Ethics Commission.  Any citizen can contact the Ohio Ethics Commission at (614) 466-7090 to start the investigation process.  An Allegation Form is mailed to the caller. The Commission staff conducts a confidential investigation and reports their findings to the entire Ethics Commission.  Go here for a detailed description of the investigation process.   The Commission determines if there was a violation of ethics law and then turns over the findings to the local prosecutor for criminal prosecution.  For a listing of recent investigation activities see the press releases.

What are the penalties for a violation?

There are serious penalties for violating Ohio Ethics Laws.  They include fines, jail time and disqualification from holding public office or a position of trust for up to seven years. 

Why do public officials violate Ohio Ethics Laws?

I cannot answer this question, but with the information so easily available on the Ohio web site, the informed citizens of this state now know where to find and how use the Ohio Ethics Laws and the Ohio Ethics Commission web site.

Answers to the above questions:

1.  Our local park official hired her step-son to work as a life guard for the summer.  Isn’t this called nepotism?  Doesn’t this violate Ohio Ethics Laws?

Answer:  Yes.  See this bulletin on restrictions against hiring family members.   

2.  How can I find out the financial interests and the property owned by a local elected official?

Answer:  Follow these instructions for requesting a Financial Disclosure Statement. 

3.  What can we do if a local official is about to commit an ethical violation?  Can we stop him?

Answer: As a citizen, you cannot request an Advisory Opinion from the Ethics Commission before the alleged event takes place.  You can suggest to the official that they request an Advisory Opinion.  After the alleged violation takes place, call the Ohio Ethics Commission at (614) 466-7090 to begin the Investigation process.

What is community legal aid?

A non-profit law firm which:

• *Specializes in poverty law and is devoted to providing free, high-quality civil legal services to eligible clients.
• *Is dedicated to providing legal advice, information and representation as assistance for those seeking to achieve and maintain self-sufficiency.
• *Provides information about laws and the legal system to those who work with the poor and elderly so that they may better serve their clients.
• *Is a non-profit corporation governed by local lawyers, members of the client community and others concerned about equal access to justice.

Source:  http://www.communitylegalaid.org/services

Two things surprised me when I was pulling this information together for this post.  First, there are many programs available to Ohio citizens who cannot afford an attorney.  Second, all these services would not be possible without the attorneys and law firms generously volunteering their services and time.  The attorneys that work with the clients are chosen from lists of volunteers.  Some programs reimburse the attorney for very limited expenses, but nothing near the actual cost of litigating a case.

Most of the services listed in this post are for individuals experiencing financial difficulty and have a need for legal assistance with a civil case.  None of the programs listed here assist with criminal cases.  Make sure to read the information on the programs web pages describing the type of cases they will provide assistance with. Due to very limited resources the programs are very selective.

1.   Community Legal Aid

Free assistance is based on the individual’s financial eligibility.  Eligible clients may be represented by either a staff attorney or they may be referred to a volunteer attorney in the community. Type of cases Community Legal Aid handles includes consumer rights, family, housing, foreclosure, health education, public benefits, wills, probate and taxes.  A more detailed listing is found here.

This organization also lists many free clinics and classes conducted on topics like divorce, Akron Municipal court, or home ownership.  The classes are limited so see this page for dates and more information.   
Website: http://www.communitylegalaid.org/ 
Phone: HelpLine: 1-800-998-9454 (Monday through Friday, 9:00 a.m. to 4:00 p.m.)
Or apply for help online. 

2.  Equal Justice Foundation (EJF)

“The Equal Justice Foundation is a 501(c)(3) nonprofit organization providing legal representation to low income persons.  EJF is the only organization of its kind in Ohio specifically created to attack statewide systemic problems facing low-income persons through class-action litigation and individual civil litigation. “

EJF does not accept criminal cases or family law cases.  For more information on the types of cases they do accept go here.
Website: http://www.equaljusticefoundation.com/
Phone: 1-800-898-0545

 3.  Ohio Legal Rights Service- protection and advocacy for people with disabilities

“OLRS is the state protection and advocacy system for Ohioans with disabilities. If you think you have been abused or neglected, discriminated against, denied services or been unable to access public facilities, you should contact the OLRS.”
For information about getting help from this Ohio Government department go here.
Website: http://olrs.ohio.gov/ASP/HomePage.asp
Phone: 1-800-282-9181 or TTY: 1-800-858-3542

4.  Ohio Legal Services- providing legal assistance to low income Ohioans

The website has self-help materials online and staff will connect you to free legal services nearby.
Website: http://www.ohiolegalservices.org/
Phone: 1-866-law-ohio

5.  Pro Seniors Legal Hotline

“The Legal Hotline provides free legal information, advice, and referral for residents of Ohio age 60 and over. The Legal Hotline responds to the legal needs of callers within Ohio regardless of income or location.  Typical questions concern Medicare, Medicaid and Medicaid estate recovery, living wills, durable powers of attorney for health care, and consumer problems.”
Website: http://www.proseniors.org/legal_services.html
Phone: 1-800-488-6070

Pro Bono Programs

A pro bono service is when an attorney takes a case without compensation from the client.  Many attorneys and law firms that volunteer in the programs listed in this post are providing a pro bono service.  Here are a few such programs sponsored by the government or the courts.

6.  Ohio Attorney General Pro Bono Program (Elder Law Program) 

“The Attorney General Office’s Pro Bono program provides volunteer attorneys from within the Office to assist with preparing documents to facilitate end-of-life decisions and estate distribution for elderly Ohioans.”
Website: http://www.ag.state.oh.us/legal/probono.asp
Phone:  1-800-282-0515

7.  Ohio Attorney General Patriot Program (for military service personnel)

“Free legal assistance is available for Ohio servicemen and servicewomen being called to active duty.”
Website: http://www.ag.state.oh.us/citizen/military_veterans/ag_resources.asp  
Phone: 1-866-GI-HELPR (1-866-444-3577)

8.  Northern District of Ohio (federal court) Pro Bono Program
This is done at the discretion of the judicial officer and in only limited cases. 
Website:  Pro Bono Program  
Phone: Akron Court 330-252-6000

9.  Save the Dream – Ohio’s Foreclosure Prevention Effort

This web site is full of help for those experiencing foreclosure.  This unique multi-agency effort pulls together free help easily available for Ohioans.  Don't even think about going through a foreclosure until you have exhausted the resources at this site.  For a description of this program’s pro bono support click on Legal Assistance on the right side of the Save the Dream web page.
Website: http://www.com.ohio.gov/SavetheDream/
Phone:  Hotline 1-888-404-4674

Sources of Help outside of Summit County

Consumers’ Guide to Free Legal Help
Links provided by the American Bar Association.  The listings of resources are arranged by county.  Most of the listings point to the same resources I include in this post but it is useful if you are looking for help outside of Summit County.

To find other Ohio Legal Help, enter your county or zip code in this online directory.
Also try here .

I was laid off last December and I could not afford the COBRA health insurance, but I see there is new funding for COBRA that even includes helping to pay premiums in some cases.  Can I change my mind and select COBRA now?

Things are not going so good for my small business.  The economy is slow and now so is my business.  Is there stimulus money to help me make payroll until the economy turns around?

I just graduated as a nurse practitioner and I have large school loans.  I heard that the stimulus package includes student loan repayment for those with degrees in the health fields.  Is this true?

I need a job!  Is the American Recovery act creating any jobs in Ohio?

I had my first reference question this week from someone hoping that the recovery money might help them.  They did not know where to begin and called the University of Akron School Of Law Library for assistance. 

QUESTION: Is there recovery money available for individuals?

ANSWER: Yes! There is!   I pointed the caller in the right direction and decided that others may have similar questions.

Where To Look

Two web sites that you must bookmark and check often for information about the American Recovery and Reinvestment Act of 2009 (also known as the "Stimulus Package") is the Federal Recovery web site  and the Ohio Recovery web site. 

At the Federal Recovery site, programs for individuals are found under the OPPORTUNITIES link at the top of the page.  At the Ohio Recovery site, click on INDIVIDUALS, also at the top of the page.   For a chart listing recovery funded programs available to individuals  click on the Individual Program Chart on the right side of the Ohio Recovery page.  This chart will be updated when further federal money is available.

Take time to explore these web sites.  There is a wealth of information available.  The web sites have search boxes to search for more information and there are sign-up options to receive e-mail updates.  Don't forget to look at the FAQ link at the top of the web pages for answers to Frequently Asked Questions.   New information is constantly being added to these two sites. Both web sites were updated right before my eyes as I was using them to write this post!

The benefits for individuals from the Recovery Act are wide ranging and hopefully will help those in need.  Here are some of the major areas, so far, receiving stimulus funds:

• *Job training and services to find jobs.
• *Unemployment benefits have been extended and the weekly benefit has increased.
• *COBRA health insurance – increase in subsidies and an additional 60 days to select COBRA.
• *Small business loans for struggling companies (just became available on June 15th).
• *Low-income senior citizens assistance
• *Foreclosure assistance  (Save The Dream program)
• *Food stamp programs
• *Programs offered by Jobs and Family Services such as Medicaid benefits, child care and health care.
• *Some home improvement for weatherizing and insulating.

How Much is Coming to Ohio?

Federal stimulus funds coming to Ohio= $4,521,243,063, so far!      

Here are just a few recent press releases describing the Recovery money heading our way.

June 15 – Ohio Department of Transportation's Stimulus Investments Spurring Construction-Related Jobs  

June 10 – More Than $1 Billion in Recovery Funds Now Available for Ohio to Save Teaching Jobs and Drive Education Reform 

June 10 – Health and Human Services Announces Availability of $200 Million to Support Student Loan Repayments 

June 3 - U.S. Department of Labor announces more than $100 million in Recovery Act funds to help Ohio's unemployed workers   This includes "an increase modification to an existing grant to assist approximately 700 additional workers affected by layoffs at the Chrysler Twinsburg Stamping Plant."

June 2- U.S. Labor Department announces release of $88.2 million in unemployment insurance modernization incentive funds to Ohio

More press releases about funds for Ohio can be found here.    

How to get the Funds?

Most of the funds are distributed through the normal channels such as Ohio agencies and programs (Jobs & Family Services for example) and through Federal agencies and programs.  These agencies will have extra funds to distribute.  See here for distribution descriptions in Ohio.

Small Business Loans, however, can be applied for at specific banks.  Here is a description of the types of loans funded through the Recovery Act.  More here  and more here. 

In some cases, the funds are only available up to a certain date OR as long as funds are available.  So if you think you can qualify act on the opportunity quickly.

Legal Stuff

For those interest in viewing the full text of The American Recovery and Reinvestment Act of 2009 it is found here.  After clicking you will see the link to the law on the left and a comment box on the right where you can submit comments to the White House.  The law is 407 pages long so you may wish to just read it online or download it instead of printing the entire act.

Answers to questions:

1. COBRA Stimulus  Information – The COBRA Stimulus includes a premium reduction of up to 65% and an additional 60 days to select the COBRA insurance for those who did not select it previously.  More information here if you are unemployed.
2. SBA  America's Recovery Capital (ARC) Loans are one type of loan for struggling small businesses.  These loans have just became available on June 15^th.    The SBA Participant Lender Fact Sheet lists participating Ohio Banks.  More here  and here  and here.
3. Student Loan Repayment
4. For jobs created by the Federal Recovery Act and Ohio's Job Stimulus Plan, visit the Jobs and Family Services web site, the Ohio Means Jobs web page, the Ohio Dept. of Development site, and USAJobs.gov.

"The United States spends more than any other nation in the world on health care – in 2007 we spent $2.2 trillion.  Despite consistent increases in spending, disparities among demographic groups persist. Low-income Americans and racial and ethnic minorities experience disproportionately higher rates of disease, fewer treatment options, and reduced access to care. With unemployment on the rise, the disparities already apparent among these groups will continue to increase. It is vital that health reform reduces costs to make health care affordable; protects a patient's choice of doctors, hospitals, and insurance plans; invests in prevention and wellness; and assures quality, affordable health care for all Americans."

The quote above is from the introduction to the latest report just released this week by the U.S. Dept. of Health and Human Services (HHS) called Health Disparities: A Case for Closing the Gap .    

It joins 7 other reports, recently issued by HHS and the White House, that describe how the current health care system has failed Americans and what President Obama's Administration hopes to accomplish for health care reform.  The reports focus on other population groups such as why the health care system does not work for women, rural America and small business.  You can read the reports and their summaries on the HealthReform.gov web site.  (click on REPORTS).

The HealthReform.gov web site pulls together federal announcements and agency news all concerning this new effort to reform our country's health care system. There are video updates and slideshows from regional forums.  The new web site has been praised for allowing Americans to take part in the health reform process.  You can share your stories, take a Health Reform Quiz, and submit support for these efforts.  You can also subscribe to receive RSS feeds or e-mail updates from the site.

 What exactly is the President and the Administration doing to improve health care?

The "White House Health Care Issues" web page, lists progress that has been made so far with links to legislation signed into law and the Guiding Principles the Administration wants to see in new legislation.

The President Spells Out His Vision on Health Care Reform on the White House Blog here. 

President Obama also hosted a Town Hall meeting on health reform in Green Bay, yesterday (Thursday, June 11).  You can read the blog posting about the town hall meeting here and the text of his remarks here. 

"Why Reform, Why Now" Whitehouse blog posting  on Monday, June 15th.  Text of the President's speech to the American Medical Association about health care reform can be found here.

Is Congress Listening?

Now that we know what the President wants, is Congress going to deliver?  The response from the Senate and House has been quick!

The Senate

Visit the U.S. Senate Committee on Health, Education, Labor, & Pensions for the committee's responses to Health Care Reform actions.

Here is a listing of proposed bills (House and Senate) currently being considered by this committee (all introduced since Jan. 2009).  The title of the bills in the list links to more information and a copy of the legislation.

Committee Chairman Senator Kennedy's recently proposed, on June 9th, the "Affordable Health Care for All Americans" bill.   Do not print this bill because it is 615 pages long!  See page 3 of this press announcement for a summary of this new bill.  There will be a nice summary soon on the Thomas (Library of Congress) web site, but the bill is too new and not available on Thomas yet.

Senate Hearings on Health Care Reform were held, yesterday, June 11^th.   Go to the link for video of the hearings.

The House

The House of Representatives has been busy too!

U.S. House Committee on Energy and Commerce, Subcommittee on Health held hearings "Making Health Care Work for American Families" on April 2, March 17, 24, 27.  You can read statements and testimony of those who testified at the hearings or listen to the audio of the hearing. 

To keep up with the activities of the House Committee on Energy and Commerce visit the Committee's web page and the web page for Representative Frank Pallone, Jr. (D), chairman of the Subcommittee on Health.

There are other House committees concerned with health care reform, but they focus on funding and budgets.  The Committee on Energy and Commerce has proposed many bills on health care this year compared to other House committees. Here is a listing of proposed bills on health care (House and Senate) currently being considered in the Senate.  The House bills in the list begin with H.R.  The title of the bill links to information and a copy of the legislation.  For an even larger list of House bills on health reform go to Thomas (Library of Congress), select to search House Bills Only and search "health reform."

Representative Michael C. Burgess (R) has a web page called Congressional Health Care Caucus.  Burgess is a member of the Subcommittee on Health, but he does not necessarily agree with some of the current proposed health care legislation, and so, he started the Health Care Caucus web site.  More about the purpose of the web site here.

Let's hope this momentum continues and we see the improvements needed in health care reform.

1. My spouse and I are getting a divorce. We were told to attend the "Remember the Children Program." What is that?

2. We cannot seem to work out a mutually agreed on visitation schedule for our child. What is a typical visitation schedule the courts recommend?

3. What is the court cost in Summit County to file for an annulment? We have no children.

The answers to the above questions are all found on the Summit County Domestic Relations Court web site.  Here is yet another example of how to use a court web site to conduct legal research. If you are from a different county, here are the links to some nearby Domestic Relations Court sites:

Medina County Domestic Relations Court   

Portage County Domestic Relations Division   

Stark County Family Court  

All other county court web sites    

1. Jurisdiction of the Court – The first thing you need to find out is what types of cases are heard by the court. On the court's web site, look for information about the jurisdiction of the court or the types of cases heard by the court. The Summit County Domestic Relations Court has a link in the left menu to the Court's Jurisdiction.

We see that the Court handles divorce, dissolution and annulment.  Court control continues until the children born to the parties reach the age of 18.  The Domestic Relations Court shares jurisdiction with other courts on matters of domestic violence.  For a more detailed explanation go here.  

2. Rules of Court – Court rules govern court procedures. Local rules deal with specifics of the local court such as fees, time requirements, filing procedures, and the format of documents filed with the court. The Domestic Relations Court web site links to their Local Rules on the main page. Please plan on reading relevant parts of the Local Rules of Court if you are dealing with an issue in the Domestic Relations Courts. Court forms mentioned in the rules are found on the court's web site.

In addition to the local rules of court, there are state court rules that also apply.  The Domestic Relations Court Rules state that all pleadings, motions and filings shall comply with the Ohio Rules of Civil Procedure.  Other Ohio Rules of Court may apply so consult your attorney to be sure.   Here is Ohio Rules of Court web page with links to all the state court rules, including the Rules of Civil Procedure. 

3. Court Forms -The Court has a very large selection of forms in PDF format. Many of the forms can be filled out online and then printed for filing with the court. There are forms for dissolution, visitation, civil protection order, restraining order, motions, notices and affidavits for this court. The forms need to be properly filed with the court and cannot be submitted over the web. Make sure to read all instructions provided with the forms. Some of the procedures are very complex and require the assistance of an attorney. Check here for the filing fees associated with these forms The forms page includes brochures and other informative instructions. For instance, there is a standard visitation schedule for parents who cannot agree on a visitation schedule on their own. There is also Child Support Enforcement Agency Forms under a separate link on the Court's home page.

4. Case and records search – If you are following a case already in Court, then you will want to search the online case index by clicking Summit County Clerk of Courts -Domestic Case Docket Access . At the Clerk of Courts web page, click the Records Search button in the upper right corner, and then click the Domestic link.

Other useful information on the web site you should look at:

Need more information about domestic relations issues?

Ask me a question

If you ever wondered where to find legal information on the web, post your question below.  I cannot answer legal questions, especially if the question contains facts about a personal situation.  I can direct you to sources of legal information on the web, particularly primary legal materials such as laws, legislation, court material and agency regulations.  So ask away!

I use delicious  (the social bookmarking site) to collect and save all links listed in my Akron Law Café postings.  The bookmark list works best if sorted alphabetically by title.

The Law Library of Congress has a web page that links to materials on Supreme Court Nominee Sonia Sotomayor. There are links to cases, Congressional Documents, and other web resources about Sotomayor.  Citation information to articles and books written by her are included. 

1. I have been appointed an executor of a relative's will and it is now time to probate the will. I have an attorney but I would like more information. Where do I begin?

2. We wish to adopt a child and would like some information about the court procedure.

3. Where do I go for a marriage license?

Today we will examine how to conducting legal research using a court's web site.  Someday you may need to file a document with a court or be involved in a court action.  Even if you have an attorney you will still want some background information about the court before meeting with your attorney.  Many courts have added useful information to their web sites making the court's web page a good place to begin. 

Let's examine Summit County Probate Court web site as an example of a well developed court web site.   The Probate Court is officially called the Probate Division of the Summit County Court of Common Pleas but I am shortening it to "Probate Court" in this posting.   If you are from a different county, here are the links to some nearby Probate Court web sites :

Medina County Probate Court   

Portage County Probate Court  

Stark County Probate Court  

All other county court web sites   

 1. Jurisdiction of the Court – The first thing you need to find out is what types of cases are heard by the court. Even if you are just filing court documents, you need to make sure you are in the correct court. On the court's web site, look for information about the jurisdiction of the court. Sometimes the jurisdiction information is on the first page of the court's web site and other courts describe jurisdiction under the Frequently Asked Questions (FAQ) link. The Summit County Probate Court has jurisdiction information listed under the Case Types link in the left menu.

We see that the Probate Court handles estates, guardianships, adoptions, name changes, birth registration and marriage licenses.

2. Rules of Court – Court rules govern court procedures. Local rules deal with specifics of the local court such as hours of the court, fees, time requirements of notices, filing procedures, and the format of documents filed with the court. The Probate Court web site has a link called Local Rules.  Court documents are sometime rejected by the court when the court rules are not followed. The deadlines are very specific and need to be closely followed, so take time to read through the court rules.

In addition to the local rules of court, there are state court rules that also apply.  For the Probate Court, the Rules of Superintendence for the Courts of Ohio lists the rules for fair, impartial and speedy resolution of cases.  Other Ohio Rules of Court may apply so consult your attorney to be sure.   Here is Ohio Rules of Court web page with links to all the state court rules. 

3. Court Forms - Many courts are posting blank court forms right on their web site. This has saved people a lot of time. The Probate Court has a very large selection of forms in PDF format. You can fill out the forms online and then click the Print Form button to print the completed form. There are sets of forms for probating a will, adoption, name change, trusts and of course the marriage license application! The forms need to be properly filed with the court and cannot be submitted over the web. Some of the probate procedures are very complex and require the assistance of an attorney, but other forms, such as the marriage license application, are fairly simple.

The Ohio Supreme Court also has a nice selection of generic probate forms in PDF.  Try this site for forms you cannot find on the Summit County Probate Court's site or if your county Probate Court does not have online probate forms. 

4. Case and records search – The Summit County courts have been working very hard to make court records available to the public. Other counties may not have the same online resources. The Probate Court provides three different case searches: the General Index, the Historical Case Index (very limited covering 8/18/87 to 12/28/99), and the Historical Marriage Index (also very limited covering 01/01/86 to 12/28/99). You can search by party name, case type, date and a few other search options.  If you are following a case already in Probate Court, then you will want to search the online case index by clicking Case Access in the left menu.

Other useful information on the web site you should look at is: information about the judges, frequently asked questions (FAQs), contact information for court personnel, court location directions, and links to other resources.

Please read the court's web site disclaimer.  The web site is provided only as a public service.  Any legal advice and legal assistance with probate issues should come from your attorney. 

Ask me a question

If you ever wondered where to find legal information on the web, post your question below.  I cannot answer legal questions, especially if the question contains facts about a personal situation.  I can direct you to sources of legal information on the web, particularly primary legal materials such as laws, legislation, court material and agency regulations.  So ask away!

I use delicious  (the social bookmarking site) to collect and save all links listed in my Akron Law Café postings.  The bookmark list works best if sorted alphabetically by title.

1. What is my school district's rating?

2. Since our school levy didn't pass the school district is going to cut busing. Can they really do that?

3. What is the state government doing about our public schools?

School Districts' Report Cards

You can start at http://reportcard.ohio.gov/, which has a searchable database of school district ratings in the state of Ohio.  You can search either by school district or school building.  The school building option breaks down the ratings by each elementary, middle or high school.

The district's report card (about 7 pages long) gives an overall rating ranging from excellent with distinction,  excellent, effective, continuous improvement, down to the lower ratings of academic watch and academic emergency. The grade achievement scores and the graduation test scores are compared to similar districts and to the state average.  Attendance rates and graduation rates are also listed.  My public school district is rated "excellent."  How is yours rated?

There are additional Ohio achievement test and proficiency test scores on the Department of Education's website.

Can the school district cut busing?
Questions about the transportation requirements of a school district

Start by reading this document called "Transportation of Students" prepared by the Legislative Commission.  The Ohio Legislative Service Commission (LSC) was created by statute in 1953 to provide technical, research, and fiscal services to members of the Ohio General Assembly.  The document is only 11 pages long, explains the general responsibility of a school district, and lays out several exceptions for when the rule does not apply.

What is the state government doing about our public schools

Governor Ted Strickland released his Education Reform plan early this year and it has strong support from many education groups.  The first link on the page is a link to the Governor's plan called Reforming Ohio Education System for the 21^st Century (it is 6 pages).  The second link is to a shorter document listing the major highlights of the plan (it is 2 pages).  More information about the plan can be found here. 

Follow the Governor's progress on education reform weekly

The Governor launched a Weekly Video Address on Education Reform on Tuesday at this web page  http://www.conversationoneducation.org/    Listen to the Governor explain the plan and its progress through the legislature over the next several weeks.  "This week's address is focused on the importance of modernizing classrooms in order to prepare students for the jobs of the future and revive Ohio's economy."

How will the Governor's plan be funded?

The American Recovery and Reinvestment Act of 2009 provides new, one-time funding for several Ohio educations programs.  Here is how Ohio plans to spend funds from the federal stimulus plan. 

Ohio Dept. of Education Stimulus Updates can be found on this web page.

Education Reform Plan: 2010-2011 Budget Information can be found here.

Ask me a question

If you ever wondered where to find legal information on the web, post your question below.  I cannot answer legal questions, especially if the question contains facts about a personal situation.  I can direct you to sources of legal information on the web, particularly primary legal materials such as laws, legislation, court material and agency regulations.  So ask away!

I use delicious  (the social bookmarking site) to collect and save all links listed in my Akron Law Café postings.  The bookmark list works best if sorted alphabetically by title.

1. I am looking at a home for sale. Can I see how much the real estate taxes are for this property?

2. How can I double check the description of my home and property to make sure the county has it recorded correctly?

3. I am interested in purchasing some land but I do not know who owns it or the street address. Is there a way for me to find out who owns the land?

In our law school Property class, we had to learn how to conduct a property records search the old fashion way, by using the paper method in the county Recorder's department.  Things have changed!  Many counties are making it easier to search property records online without needing to make a trip to the county offices.  There are three categories of property information you can sometimes find on your county's web site: 1.) Property descriptions and property tax records, 2.) Tax or parcel maps and 3.)  Recorder's documents.  I describe each of these categories below.  I also reviewed three county web sites, Summit, Portage and Medina.  Although I did not include Stark County, it has a very well developed property and tax search, it has a recorded documents search going back to 1809 and tax maps.

General Warning about these databases: Every county posts warnings about relying on the information in the databases.  Do not exclusively rely on the information online.  If you need to verify the data or make corrections, please call or visit your county's administrative offices.

Property and Tax Records
The property descriptions includes the physical description of a home or building on the property, any improvements made to the structure, the year the structure was built, the amount of land associated with the parcel, any permits pulled for improvements, the owner of the property and related property tax information.  Some records even include a line drawing of the outline of the home or building.  It is important to check the description for your property and correct any errors.  I knew of an instance where the property record said the home had two bathrooms, but it did not have two bathrooms!  This information needed to be corrected because it may affect property tax rates.  Checking the property records is also a good way to find out what comparable homes are worth in your area.  Search the databases by either address, parcel number or name of the owner.

Parcel and Tax Maps
If you do not know the address of a piece of property, you can still find out who the owner is by using the county's parcel maps or sometimes called tax maps.  They behave just like Google Maps and as you zoom in, parcel outlines show.  Clicking on the parcel will display the property owner and the parcel number.  Summit County and Medina County have these maps online but Portage County does not.  For Portage County, you will have to go to the county offices in Ravenna.

Recorder's Databases
The county recorder keeps copies of vital records pertaining to ownership of land and all encumbrances or liens on the land.  You can find images of deed, easements, mortgage information, all kinds of liens, assignments and conveyances.

Let's look at the county online sources. 

Summit County    
The County Fiscal Office maintains the following three databases.  The links are along the top of the web page.

Property Tax Information - Use this search to view property tax information and to view property owner information.

County Parcel Maps-   Click on Geographic Information and then Tax Maps.  Zoom in on a parcel of property and then click on the "Info" button to find out who the owner is.  The ID number is linked to the property record with a physical description and line drawings of any structures.

Recorded Documents - Scanned images of liens, deeds, easements, mortgages, etc. back to 1900.  You can search by date, document type, name of property owner, or parcel number.

Portage County

Property Records  Datbase is maintained by the Portage County Auditor.  "The Start Your Search" link will take you to our real estate appraisal database where you can call up the property record by owner's name, address or parcel number.

Recorder's Indexed Document Search  Database is maintained by the Portage County Recorder.  Search by name, file, or book.  

Medina County

Recorder's Office Indexes    The County Recorder maintains this database.  Search by person's name, document type (deeds, liens, mortgages, etc.)  or parcel number.

Property Appraisal and property Taxes  This database is maintained by the County Auditor.  Conduct property search by owner name, address, or parcel number.

Tax-Maps Online  The maps allows you to zoom in and then using the "Point & Click" choice, the owner of the property is displayed.

To find this same type of property and tax databases in other counties in Ohio use this web site.

Answers to the questions from above:

1. Yes. If you have the address of the home, then search in the corresponding county's Property Records/ Tax databases to find out what the current owner pays in property taxes.

2. The answer to the second question is the same as the answer for number 1. Use your address to search in the Property Records databases and then carefully read your property description.

3. Yes. You can find out who owns a piece of property even if you do not know the address. If the property is in Summit or Medina County, use Tax- Maps Online for Median or the County Parcel Maps in Summit County. Zoom in and then click!