Montgomery County Common Pleas Court, General Division

The Ohio Supreme Court will be implementing a pilot project to create a commercial docket within the General Division of certain urban courts in Ohio. The commercial docket would seek to handle certain business litigation in a more expeditious and consistent manner. Some of the targeted Courts have significant delay in moving such cases to disposition. The Judge’s of the General Division would like to receive some input regarding the commercial docket concept. The basics of the commercial docket project sponsored by the Ohio Supreme Court are:

• Two Judges would be assigned to handle cases on the commercial docket.
• Strict time guidelines for decision and disposition would apply
• The Judge assigned to a commercial docket cases would receive specialized training.
• Utilize Special Master Services in certain cases.
• Set and recommended 18 month standard for time from filing to final disposition.

The General Division would like to receive input from attorneys on this proposal.

• Do you think that the General Division needs to have a specific “commercial docket”?
• If yes, why do you believe that a “commercial docket” is needed.
• Is delay a problem in commercial business cases in Montgomery County?
• If yes, what is the source of the delay?
• Would you like to see the court explore other alternatives to a specific specialized “commercial docket”? Alternatives could include a specific case track for these cases or other case management methods.

Additional information and rules can be reviewed at the following links:

Task Force Information http://www.sconet.state.oh.us/boards/commDockets/default.asp

Temporary Rules http://www.sconet.state.oh.us/Rules/superintendence/Superintendence.pdf

One of the benefits of e-filing will be that upon acceptance of a court filing, a judge assignment will be immediate.  Currently it takes two days for such an assignment to be made.  The current practice uses a manual system.  The proposed rules will permit an automated random assignment.  Please review and comment on the proposed rules.

The original courtroom recording systems used analog videotape media to make a record of court proceedings.  Subsequent systems utilize digital audio and video recording technology to make a record of court proceedings.  A proposed rule change would eliminate the use of videotape as a recording method in the General Division.  The recommendation is made for the following reasons:

·         Videotape is obsolete as a recording media. [Read more →]

The General Division is implementing a new process for the preparation of transcripts of courtroom proceedings from audio/video recording. This new process is limited to transcripts prepared for use by criminal defendants that have been determined to be indigent and other transcripts paid for from public funds. [Read more →]

The General Division of the Common Pleas Court recognizes attorneys that have made significant contributions to alternative dispute resolution programs and the appointed attorney program. Each of these attorneys has provided services to help parties reach a resolution of litigation through mediation. The ADR awards were presented to Ray Cox and Joseph Wehby. Many attorneys devote a significant number of hours to representation of indigent defendants before the court. Marshall Lachman and Jeffrey Gramza are the recipients of the appointed counsel recognition awards for 2008.

Today we observe the fiftieth anniversary of Law Day in the United States. Law Day was established to recognize that which makes our democratic society different from the many totalitarian societies that have plagued history. The theme for 2008 is the rule of law. We are gathered here today to recognize the most important participants in ensuring the rule of law . . . . . . . . . . attorneys at law.

The legal profession traditionally has played an historic role in connecting society with the rule of law. The legal profession also has played a major role in ensuring that the rule of law remains strong in our nation, that it pursues justice and defends liberty. It is a tradition to be proud of.

It’s no secret that lawyers are routinely the butt of jokes and are subject to much undeserved criticism. But what most people don’t know is that lawyers belong to one of the few professions committed to performing public service. Thanks to the efforts of Montgomery County lawyers many citizens receive desperately needed legal services at little or no cost. Attorneys additionally provide many services to the various courts for significantly reduced fees or at no cost at all. This spirit of commitment and service saves significant amounts of tax payer funds and helps the courts provide the high level of service that the citizens of Montgomery County have come to expect.

As we celebrate Law Day this year, I am proud to report that Montgomery County lawyers are in the forefront of community service, with activities that justify enormous pride in our profession.

Today the courts recognize some of the attorneys that have given of their time and skills to ensure justice and serve Montgomery County.

While working in the United States District Court for the Western District of Washington in the mid-1980′s, I released to attorneys some files on a defendant named Gordon Hirabayashi from the archives. The case involved the enforcement of Presidential orders that subjected United States Citizens of Japanese descent to curfew and exclusion from certain areas. The orders removed people of Japanese ancestry [Read more →]

“TRIAL BY JURY – IT’S NOT FAIR IF YOU’RE NOT THERE”*
Judge Jeffrey E. Froelich
Montgomery County Common Pleas Court

“Why should there not be a patient confidence in the ultimate justice of the people? Is there any better or equal hope in the world?” – Abraham Lincoln

The concept of a jury trial is rooted deep in history. Mythology has it that Ares was acquitted for the murder of Halirrothius, son of Poseidon, when the jury of twelve gods split six to six. Similarly, Aeschylus, who died in 456 B.C., tells the story in his play Eumenides of the founding of the jury by the patron goddess of wisdom, Pallas Athena, who may have been the world’s first foreperson of a jury. [Read more →]

From 11:30 a.m. to 1:30 p.m., displays and information booths will be located at Courthouse Square. Awards will be made at 12:00 noon.

12:00 – 12:05 p.m.

Welcome & Introductions

Presiding Judge Barbara P. Gorman  [Read more →]