Law Library News: 5th District Court of Appeals Releases Proposed Changes

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August 2023 NEWSLETTER

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Inside this issue:

Board of Professional Conduct Releases Four Advisory Opinions
Ohio 5th District Court of Appeals Releases Proposed Changes to Local Rules of Appellate Practice
NLRB General Counsel Issued Memo on Non-Competes Violating the National Labor Relations Act

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Ohio 5th District Court of Appeals Releases Proposed Changes to Local Rules of Appellate Practice

The 5^th District Court of Appeals released four proposed amendments to the local rules of appellate practice. The proposed changes will be open to public comment until August 14, 2023.

Comments can be submitted in writing to:

Fifth District Court of Appeals,

110 Central Plaza South # 320, Canton, OH 44702

or by email to info1@starkcountyohio.gov.

To read the proposed changes visit: https://fifthdist.org/government/legal___judicial/fifth_district_court_of_appeals/local_rules/index.php#outer-2423

Board of Professional Conduct Releases Four Advisory Opinions

The Ohio Board of Professional Conduct issued four advisory opinions, which included two new opinions that addressed the application of the Code of Judicial Conduct to mayor’s courts magistrates and a lawyer’s responsibilities when responding to a subpoena for a former client’s file.

New Bail Law, Practice and Procedure Rules Go Into Effect

The new bail law and practice and procedure rules became effective on July 1^st. The new bail law requires bail to be set when a person is charged with a crime. The new law is a result of State Issue 1 and reflects several factors.

These factors include: public safety, the person’s criminal record, the likelihood the person will return to court, and any other factor the Ohio General Assembly requires. The statute also includes the Supreme Court of Ohio’s bail rule that instructs when a person can be released from jail before trial, the conditions of the release, and reconsideration of bail.

The changes to the Practice and Procedure Rules include:

· Revised rules for the use of technology in the courts.

· Updates to rules for civil cases.

· Clarification about expert witness qualifications.

· Suggested modifications to juvenile court rules.

· Repeal of Crim.R. 46 regarding bail.

NLRB General Counsel Issued Memo on Non-Competes Violating the National Labor Relations Act

The NLRB memo explained that over-broad non-compete agreements were unlawful because they did not allow employees to exercise their rights under Section 7 of the National Labor Relations Act.

Join the Cleveland Metro Bar Association for Basic Pet Planning

This session will cover various topics, including: distinctions between planning for pets versus humans, the concept of fiduciary "pet powers," integrating pet-related terms into powers of attorney and wills, providing sample drafting clauses for immediate use, and more.

When: Thursday, August 17, 2023| 4:30-5:30 PM

Where: Taps & Tails 1901 Train Ave, Cleveland, OH Cost: CMBA Members - $55 Non-Members - $70

Bring Your Pet: Taps and Tails is a dog-friendly venue. Please complete the dog registration form and pay the $10 dog admission on the Taps and Tails Website.

New Books

PRINT & E-BOOKS

Military Family Law

Ohio Annotated Civil Laws and Rules Handbook

Ohio Real Estate Law Handbook

Ohio Annotated Probate Laws Handbook

A Practical Guide to Ohio Entities – Corporations, Limited Liability Companies, and Partnerships

Ohio Juvenile Law Handbook

Access these and other e-titles here:

tinyurl.com/starklawresearch

Selected New Articles

Domestic Relations

“Parental Penalties: Collateral Consequences Reverberate Through Families Long After Sentences Are Served” 49 ABA Journal Vol. 109, No. 3 (Jun/Jul 2023)

“The Confusion Over Tracing and Commingled Accounts: Part I” Ohio Domestic Relations Journal 35 No. 3 NL 1 (May/June 2023)

“Help—I Missed the Boat!” The Survivor Benefit Plan Open Season” Ohio Domestic Relations Journal 35 No. 3 NL 2 (May/June 2023)

Litigation

“Don’t Shy Away from Damages” 18 Trial (July 2023)

“Facing the Defense Psychologist” 50 Trial (July 2023)

“Jurisdiction and Choice of Law” 20 ABA Journal Vol. 109, No. 3 (Jun/Jul 2023)

Miscellaneous

“Self-Care Is Not Selfish! 9 Ways Lawyers Can Practice Self-Care” 14 Cleveland Metropolitan Bar Journal (June 2023)

“Board of Professional Conduct Resources” 47 Cleveland Metropolitan Bar Journal (June 2023).

“Citizen Sleuths: True Crime Fans Are on the Case, But What Happens When They’re Wrong?” 41 ABA Journal Vol. 109, No. 3 (Jun/Jul 2023)

Probate Law

“Ohio As an Appropriate Trust Situs: Report of EPTPL Section Council to OSBA Council of Delegates” Ohio Probate Law Journal 33 No. 5 NL 2 (May/June 2023)

“LGBTQ+ Estate Planning in Uncertain Times” Ohio Probate Law Journal 33 No. 5 NL 10 (May/June 2023)

"Pet Planning ‘For the Birds’ or For Everyone?" 40 Cleveland Metropolitan Bar Journal (June 2023)

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The Stark County Law Library | Phone: (330) 451-7380 | Fax: (330) 451-7381 inform@starkcountyohio.gov | starkcountyohio.gov/law-library