Category Archives: Commentary

More on the NEOCH Consent Decree and Federal Remedies in State Elections Cases

Last month I wrote about a mandamus action filed directly in the Supreme Court of Ohio by Tom Niehaus, President of the Ohio Senate, and Lou Blessing, a State Representative and Speaker Pro Tem, against Secretary of State Jon Husted … Continue reading

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And the Winner Is…..Tracie Hunter, by 71 Votes

Update-Because this election was so close, an automatic recount took place.  It’s now official and final (as of May 17, 2012).  Tracie Hunter won by 74 votes, so she picked up a few.

After more than year of wrangling, it’s … Continue reading

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Some Things Never End

On April 18, Tom Niehaus, President of the Ohio Senate, and Lou Blessing, a State Representative and Speaker Pro Tem, filed an original action in mandamus in the Supreme Court of Ohio against Secretary of State Jon Husted challenging a … Continue reading

Posted in Commentary, Constitutional Law, Judiciary | 1 Comment

Remember the 2010 Hamilton County Juvenile Court Election? Here’s the Latest Chapter.

Update: On April 17, the Board of Elections voted to implement Judge Dlott’s order to count the ballots. 

The race for a judgeship on the Hamilton County Juvenile Court between John Williams (now a sitting juvenile court judge despite … Continue reading

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Guest Post: Recent Ohio Supreme Court Case May Create Opportunity to File Takings Lawsuit in Federal Court.

Cincinnati attorney Matthew Fellerhoff, who recently joined the law firm of Strauss and Troy, has authored this guest post on possible ramifications of the recent decision in Clifton v. Blanchester, slip opinion No. 2012-Ohio-780.  Read the  analysis of the merits … Continue reading

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Relying More on the Ohio Constitution

While our politics differ,  I share a legal passion with Judge Jeff Sutton of the U.S. Court of Appeals for the Sixth Circuit—the underappreciated subject of state constitutional law.  This was Judge Sutton’s topic at a lecture he gave at … Continue reading

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In Sharper Focus—No More “Zealous Representation” Talk

Back in the day, before Feb 1, 2007 when the Supreme Court of Ohio adopted the Model Rules-based Rules of Professional Conduct, Ohio had a Code of Professional Responsibility, made up of canons, disciplinary rules, and ethical considerations.  DR7-101 was … Continue reading

Posted in Commentary, In Sharper Focus, Ohio Supreme Court Watch | 1 Comment

A Brewing Storm Over Proposed Changes to Juvenile Rule 3

Update: Here is the rule that actually got sent to the General Assembly.  It’s a compromise, but I think it has a number of plusses.  Thanks to Kim Brooks Tandy of the Children’s Law Center for sending this over.

RULE 3. … Continue reading

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You Break the Tie Vote on Appealing Judge Dlott’s Order in the Juvenile Court Election: Each Parties’ Letter to Secretary Husted

Update: The suspense (if there ever really was any) is over.  On February 21, Secretary Husted broke the tie by siding with the Republicans to allow the appeal of Judge Dlott’s decision to count addtional provisional ballots in the Hamilton … Continue reading

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Stop the Beat from Going On and On and On: A Request to Secretary Husted Not to Take the Hamilton County Juvenile Court Case Any Further.

It is now mid February, 2012, and the November 2010 Juvenile Court race in Hamilton county is still undecided.  On February 8 Judge Susan Dlott ruled that nearly 300 provisional ballots cast at the right polling place but wrong precinct … Continue reading

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