The Supreme Court of Ohio & The Ohio Judicial System
Speeches
Chief Justice Thomas J. Moyer
State of
the Judiciary
Sept. 11, 2003
Madam Chair and officers
of the Conference, invited guests, my colleagues. I thank the Judicial Conference
for once again providing me with the opportunity to share my thoughts regarding
the state of the Ohio judiciary. Judge Karner and Executive Director Rohrs, I
express the gratitude of all of us at the Supreme Court for the constructive working
relationship we have sustained during the past year and pledge to you our continued
collaboration with the Conference as we work to improve the administration of
justice in Ohio. I join with others in congratulating you on the occasion of the
40th anniversary of the Judicial Conference.
In 1963, America found
the Beatles, lost a president, and marched on Washington.
1963
was the year of the first artificial heart, the first liver transplant and the
introduction of the tranquilizer, valium.
It was a hectic
time; at least that is how it seemed. But from the perspective of today, it was
a walk in the park.
Today, we are too busy for jet travel.
We teleconference instead.
Laptop computers now have the power
once reserved for a Mercury rocket scientist.
And today, medical
research has once again placed human design on the drawing board.
As
for the next 40 years, researchers are already drawing the blueprints. Work has
begun on quantum computers that will far surpass the best technology that enhances
and invades our lives.
Scientists predict that within 40 years
we will know whether there is extraterrestrial life.
Rodney
Brooks, director of the Artificial Intelligence Lab at MIT, predicts a merger
of flesh and machine students with computer chips implanted in their brains.
Brooks writes "that in just 20 years the boundary between fantasy and reality
will be rent asunder."
A science historian observed that
"science stands at the center of every dimension of modern life," his
words a perfect echo of Alexander Hamilton, who said that all of society's issues
will find their way to the courts. With science pervading our future, it is inevitable
that the boundary between courtroom and laboratory will be blurred.
Today
clinical trials offer the possibility of gene therapies that could eliminate debilitating
diseases; and we are promised that we will not awake from the dream that children
will someday be born free of birth defects.
In the environment,
bio-remediation of hazardous materials could lead to the reclamation of abandoned
industrial sights and chemical spills.
But the promise could
be matched by the perils.
Stephen Palumbi writes in the Evolution
Explosion that today "we humans can alter the evolution of the species around
us, usually making them better competitors, pests and parasites." But, he
adds, we do so "at our own expense."
Genetic screening
could raise new legal challenges for doctors and insurance companies. Already
there have been protests of genetically modified foods, and worries that genetically
modified animals could have unintended consequences in the wild.
The
conflicts of science and society converge on the courts, challenging the role
of judge as gatekeeper.
We need not replace our robes with
lab smocks, but we do need to develop an understanding of how to discern the difference
between well-researched science and scientific claims.
Much
of what you are learning here is a product of the work of Dr. Franklin Zweig.
I am personally indebted to Dr. Zweig for the science to which I have been introduced,
and I thank him, the staff of EINSHAC and the instructors he has assembled for
you this week.
Dr. Zweig has sharpened the focus on the role
of the courts at the vanguard of resolving the conflicts of society and science.
To quote Dr. Zweig:
Because
legislatures are slow to act, those controversies can be expected to be brought
to court systems for resolution. Courts will become the first not the last
resort for both dispute resolution and policy interpretation during the
21st century's early years.
Supreme
Court Justice Stephen Breyer said that he "believes that in this age of science
we must build legal foundations that are sound in science as well as in law. In
an article titled The Interdependence of Science and Law, Justice Breyer wrote
the following:
The practice of science depends
on sound law law that at a minimum supports science by offering the scientist
breathing space in which he or she may search freely for the truth on which all
knowledge depends. It is equally true that the law itself increasingly requires
access to sound science.
The most far-reaching
change in the administration of the courts has come with the advent of computer
technology. No aspect of the justice system has been unaffected. Examples include
the e-filings in Hamilton County, where the Court of Appeals, Common Pleas Court
and the Municipal Court accept filings over a secure Internet link. An attorney
from anywhere in the world, and at any time of day, is able to file a document
and pay fees.
Because entries and duplications are made electronically, there
is minimal risk of an error. And because the filings are available to the public
over the Internet, a client can easily verify whether an attorney has completed
the appropriate filings. In fact, the Web site for the Hamilton County Courts
averages 500,000 visits per month.
While technology has promised the cost savings
of improved efficiency, one of the greatest savings has come at the end of the
court process, with the creation of the historical file. Hundreds of hours are
spent preparing a case file for duplication onto microfiche. With e-filing, it
can be a simple one-click process.
The Trumbull County Probate Court and the
Garfield Heights Municipal Court also are expanding their capabilities to accept
electronic filings.
The Supreme Court Advisory Committee on Technology and the
Courts is moving forward on several areas of its charge. Working through various
subcommittees, the Task Force is preparing proposals on fax filing standards,
privacy and a courts network.
Perhaps the next area of progress in court technology
will be in case management. The Standards Committee has finalized a draft proposal
for public comment, which, if adopted, will simplify the purchase and operation
of case management software by all courts. Soon, courts will have the benefit
of case management rules, and access to proven, effective software that facilitate
the process.
While faced with budget constraints, the Supreme Court has continued
to provide technology and case management assistance to all Ohio courts. Demand
for these services is so strong that some members of the Supreme Court staff spend
more time at the local courts than they do in our offices. As well they should.
One of the great successes in case management has been in the Youngstown Municipal
Court, where just a few years ago, there was virtually no system for tracking
criminal and civil cases. As one judge described it, there was such a lack of
information that they did not know where the problems were.
Today, the court
has a proactive approach. After completing a strategic planning process coordinated
by the Supreme Court and consultants from American University, the court hired
an assignment officer who has improved the level of coordination among judges,
bailiffs and court staff. Case tracking is now routine.
A mentoring program
also was established between the Youngstown Municipal court and the Tuscarawas
County general division. It was such a success that the Ohio Association for Court
Administration is now developing it as a model to be used statewide.
On the
topic of judicial selection, the four working groups that were formed following
the March 6 forum have moved forward on the virtually unanimous conclusion of
the 38 participants that changes should be made in the qualifications, terms of
office and selection of judges.
In particular, the working groups charged with
the responsibility of recommending changes in the terms of office of all Ohio
judges and enhancing the qualifications necessary to assume the office of judge
are in the final stages of preparing their recommendations.
Of equal significance
is the interest expressed by some legislators in moving those issues from the
status of interesting concepts to specific legislation.
A recent newspaper article
observed that for people in this country who do not speak English, or at a minimum,
do not speak it well. "The legal system can be a puzzle compounded by their
inability to communicate."
Unfortunately, the problem is often compounded
by a patchwork of people who speak more than one language, who serve as unofficial
court interpreters but do not know the process or lexicon of court proceedings.
As many of you know, Ohio has experienced a dramatic increase in the number
of citizens who do not use English as their primary language. More than 500,000
people in Ohio are estimated to have difficulties understanding what is commonly
said in courthouses everyday.
The Supreme Court has implemented the recommendation
of the Racial Fairness Implementation Task Force to join the Consortium for State
Court Interpreter Certification, an organization of 30 states managed by the National
Center for State Courts. The Consortium develops standards of competence, administers
testing and certifies interpreters who meet minimum standards.
The following
is an example provided by the National Center from a test administered to court
interpreters seeking certification:
The interpreters are asked
to translate from English to Spanish an attorney's question to a witness, Mrs.
Pena, that attempts to confirm her address. The attorney's precise question is,
"Now, Mrs. Pena, you indicated that you live in East Orange at 5681 Grand
Street?"
Here are the responses of three different
interpreters:
"You told me that you lived
in west of Orange, at 56 Grand Street."
"You say that you live in East Orange."
"Em,
em, I live at 58 on, on, Hunt Street."
And
a fourth interpreter translated the question, "You say that you were eating
an orange?"
The Consortium will assist Ohio in assessing court
needs, establishing standards and developing curriculum and training materials
for court interpreters.
By ensuring the complete and accurate interpretation
of court proceedings we enshrine the constitutional guarantee of a fair trial
for all, no matter what language they speak.
Work led by Justice Evelyn Stratton
is changing the way the Ohio justice system approaches mental health issues. The
Supreme Court Advisory Committee on the Mentally Ill in the Courts has been working
since 2000 to create mental health dockets and Crisis Intervention Teams that
seek to divert people with mental illnesses from the court system.
In just three
years, the number of Ohio counties with court-related mental health programs has
grown from 7 to 26, with more in the planning stages. The Committee is now developing
standards for the treatment of the mentally ill who have been incarcerated, and
guidelines that would establish the level of assistance that should be provided
a person with mental illness upon release from jail.
I am pleased to inform
you that this week Steve Hollon executed a renewal of our judges' liability insurance
policy for another year. I regret to inform you that obtaining such insurance
is becoming more costly and more difficult. Unfortunately, we are not able to
dispute the conclusion that the conduct of a small but growing number of judges
increases actuarial risk.
The administrative staff of the Supreme Court is examining
the feasibility of diverting state tax refunds to pay past-due court costs, fines
and penalties of the taxpayer. Successful programs are in place in states such
as Michigan, Arizona, Oklahoma and California. The Conference of Chief Justices
is supporting legislation to permit state courts to intercept federal tax refunds.
At
my direction, court staff have discussed the idea with officials at the Ohio Department
of Taxation, who informed us that the court fees would rank below the collection
of past-due taxes and child support, as well as money owed the Bureau of Workers'
Compensation.
A number of administrative issues are barriers, but we are considering
the creation of a pilot project in one or two counties to determine the feasibility
of the tax intercept program.
The jury service pilot projects in more than
50 courts across the state are coming to a close, and a final set of recommendations
is expected to be issued in coming months by the Task Force on Jury Service. Thank
you for your participation.
Some have expressed reservations about questioning
of witnesses by jurors, but Task Force Chairman Judge Joe Clark, says most proposed
innovations have been well received.
It would not be a state of the judiciary
speech if I did not announce the formation of at least one new task force. Believing
as I do in following precedent, I will soon appoint a task force composed of all
stakeholders that will review the status of indigent representation. The officers
of the Conference and others have convinced me that providing indigent representation
at all levels of the state court system has become a challenge and needs to be
addressed. If you have an interest in serving on the task force, please contact
Steve Hollon or me.
The present will intersect with the past and move deep into
the future when the Supreme Court and the offices affiliated with the Ohio justice
system move to their new home.
In February 2004, the Supreme Court, the Ohio
Judicial Conference, the Board of Commissioners on Grievances and Discipline,
the Client Security Fund, the Ohio Court of Claims and the Criminal Sentencing
Commission will move to 65 South Front Street.
In 1929, during the early days
of what became the Great Depression, the Ohio General Assembly authorized construction
of a new state office building as part of the developing civic center along the
Scioto River in downtown Columbus. The cost was 6.5 million dollars and it was
designed to, in the words of the Ohio State Building Commission, "express
the dignity and resources of the sovereign state of Ohio." Transformation
and restoration of the building will express the dignity and resources of the
judicial branch of the sovereign state of Ohio.
It will be a momentous event.
After 200 years of conducting business in shared quarters, the court will be housed
in a building devoted solely to the judiciary. And what a building it is.
The
renovation marks the renewal of a civic landmark, a treasure for all Ohioans to
celebrate. When it was constructed 70 years ago, it was known as Ohio's Pride,
a modern pyramid. For more than six decades it housed an array of state offices
and agencies.
Its design and detail speak of an era when office buildings were
meant to be more than floor upon floor of work stations. The building inspires
through its marriage of art and architecture. It is not art for art's sake or
mere decoration. The features call to mind a great and powerful state, its people,
history and ideals.
Carved into the white marble exterior are inscriptions,
bas-reliefs and symbols illustrating wisdom, patriotism, integrity and justice.
Inside, flourishes from the classic period merge with the streamlined look of
Art Deco to provide an account of Ohio history reaching back to the mound builders.
Cincinnati
architect Harry Hake employed 10 nationally known artists-six of whom were Ohioans.
They produced the sculptures, bronze portraits, mosaics, murals and ornamental
metal work displayed throughout the building.
The walls of the first floor
Grand Concourse are lined with portraits of Ohioans who served as presidents,
U.S. Supreme Court justices and speakers of the U.S. House of Representatives.
Also on the first floor are three hearing rooms, each with its own theme and style.
The north hearing room portrays early and modern industries. The south hearing
room displays large maps of Ohio illustrating the evolution of transportation
and commerce.
The courtroom is the most impressive space in the building. It
is almost two stories high with full-length windows facing the river. At the far
end is a panorama of the settlement of Marietta in 1788. Fourteen mural panels
depict significant events in the history of Ohio in chronological order. The courtroom
ceiling is divided into five sections, each representing one of the five states
that comprised the Northwest Territory. It is fitting that Ohio is in the center
featuring the figure of Mercury leading a stallion.
The courtroom is equipped
with the technology that will enable us to televise live oral arguments.
The
ground floor lobby on the river side of the building pays homage to the first
Ohioans, the Native Americans. The mosaic designs on the vaulted ceilings, the
bronze and marble wall panels and the decorative light fixtures all derive a decorative
theme from American Indian motifs. Bronze plaques honor four of the most celebrated
Ohio Indian chiefs - Logan, Tecumseh, Pontiac and Little Turtle.
Every year,
approximately 9,000 visitors, most of whom are students, tour the court. We anticipate
the number to increase significantly when the building is opened. We are taking
advantage of this opportunity and building an education and visitors' center.
Through a variety of exhibits the center will tell the story of the men and women
who shaped the Ohio court system. The aim is to provide visitors with an understanding
and appreciation of the history, role and responsibilities of the judicial branch.
Teachers who are assisting us have stated they can incorporate the murals into
their teaching of Ohio history.
The Judicial College will be able to offer courses
on site or through teleconferencing with state of the art facilities and equipment.
We
are also planning to purchase selected pieces of art and to accept appropriate
pieces of loaned or gifted art. The wonderful artwork created in the 1930s is
historically significant, but does not reflect the purpose or character of the
judiciary. The purchased art will help emphasize the new purpose of the building
as a courthouse and justice center.
The court is fortunate to have the support
of the Ohio State Bar Association and the State Bar Foundation to assist in fundraising
for both the education center and the artwork. The Bar Foundation has committed
a substantial financial gift to create two pieces of sculpture for the ponds that
will reflect the new function of the building.
Buildings housing the institutions
of democracy should reflect the powerful belief of our citizens that government
by the people is fundamental to the enjoyment of our lives. Our public buildings
should inspire, engender respect and enhance our trust. When one enters a court
building, she should sense that something very special happens there, the peaceful,
fair resolution of disputes. I can assure you, the new home for the Ohio judiciary
certainly says that.
Each courthouse in our 88 counties is more than a symbol.
They are the embodiment of the civic commitment to the human spirit. The courthouse
is the laboratory of our great experiment in democracy.
Each day when we hold
a trial, empanel a jury, or mediate a dispute, we reenact our historic commitment
to the rule of law. By our work we pay homage to Montesquieu and Locke, Jefferson
and Madison.
On a day that calls up images of the frailty of human life, we
immerse our senses in the complexity and resilience of the human spirit. There
is no greater monument to this spirit than the commitment to justice and freedom
indelibly etched in the Constitution.
It is fitting that we pause this week
to consider the past, present and future of the judiciary. The triangulation of
these time frames gives focus to our meaning of justice. The law values the past,
it resolves the conflicts of the present and gives clarity to our future.
In
our time-unlike any time before us-our system of justice has turned its gaze to
the future-to the technology, to the science and to the various methods of dispute
resolution that make the courts fair, efficient and accessible.
In our time,
we can enhance society's directive that there be justice for all, no matter the
skin color, the native tongue, or mental capacity.
in our time, we can protect
the integrity of the judicial selection process by taking bold, imaginative steps
that enshrine the independence of the judiciary.
In our time, in my time, in
your time, we can give new life to the values that underscore the rule of law.