Host Bob Sweitzer said he makes sure to spread happiness at home!  He and his wife currently live with his mother-in-law, Nancy Rice.  Together, they help Nancy with safety concerns and other life changes.  Bob was happy to report that Nancy is doing well!  Thank you Bob for your service above self!

 

Bob introduced Judge Pat DeWine, who has been an Ohio Supreme Court Justice since 2017.  In addition to serving on the court, Justice DeWine is an Adjunct Professor at the University of Cincinnati College of Law. His law degree is from the University of Michigan and his undergraduate degree is from Miami of Ohio.

 

He explained that justices are elected for six-year terms with two seats up for election every two years.  The Chief Justice of the Court is also elected.  The court sets precedent for the lower Ohio courts and is the protector of individual rights and freedoms.  It is important to have clear legal rules allowing people and businesses to invest in Ohio.  The safety of the public is also a chief concern of the Ohio Supreme Court.  Its legal rulings create a back-drop for our Ohio society.

 

Judge DeWine gave the example of  two floral shops who were involved in a lawsuit over allegedly deceptive trade practices.  The original court said there was no violation.  With their right to appeal, the case was taken to the Ninth District Court of Appeals whose decision upheld that of the Common Pleas Court.

 

Plaintiffs do not automatically have the right of appeal to the State Supreme Court after the Court of Appeals.   A case can be appealed, but the State Court typically only decides cases that matter beyond one particular issue and cases that create uniformity across the state.

 

When cases are accepted, the judges and their law clerks study the briefs and discuss their perceptions of the case.  Oral arguments are scheduled, allowing each side 15 minutes to argue before the seven judges.  After the oral arguments are heard, the judges discuss the case.  In order of seniority, each judge presents his/her opinion with no interruptions permitted from the other judges.  They then vote on the case with the most junior judge voting first.  A unique system of marked marble-like pebbles in a holder determines who will actually write up the results of the case. Each justice is assigned one of the numbered 'marbles'.  After the draft opinion is written, the judges reconvene and can add other comments.  Another vote is then taken and the original opinions can change.  In the case of the floral shops, the lower courts' decisions were again upheld.

 

In the case of a state court ruling, the only way that it can be appealed to the U.S. Supreme Court is if the case involves a federal issue of our basic rights and freedoms.  Judge DeWine's discussion was interesting and informative.  We thanked him for his time spent with us!

 

For more information, Judge DeWine can be contacted at rpdewine@gmail.com.