Oct. 19, 2009
Supreme Court Seeks Comments
on Rules of Practice and Procedure
The Supreme Court of Ohio will accept public comment until Nov. 18 on amendments to the annual update to the Rules of Practice and Procedure, which were recommended by the Supreme Court Commission on the Rules of Practice and Procedure.
The proposed amendments concern changes to the rules of criminal procedure and the rules of appellate procedure. Specifically, the amendments call for a more open discovery process in Criminal Rule 16 and revise several rules of appellate procedure to implement a procedure for rehearings en banc in courts of appeals when separate three-judge panels within the same court of appeals reach conflicting decisions on the same matter of law.
The new discovery process would allow defense counsel access to materials that, under the current rule, were never disclosed. Changes in Crim. R. 16 also call for establishing a defendant’s reciprocal duty of disclosure and seek to protect victims and witnesses from potential harassment.
The en banc provisions of the appellate procedure rules result from the Supreme Court’s decision in McFadden v. Cleveland State Univ. The Court held that “if the judges of a court appeals determine that two or more decisions of the court on which they sit are in conflict, they must convene en banc to resolve the conflict.”
Other proposed changes to the criminal procedure rules include amending Crim. R. 12(K) to accommodate the new interlocutory appeal granted under proposed Crim. R. 16(F)(2) to review a trial court’s ruling on a prosecutor’s non-disclosure of material. Proposed amendments to Crim. R. 41 permit applications and approvals of search warrants to be accomplished by electronic means, including facsimile transmission.
According to the Ohio Constitution, proposed amendments to rules of procedure must be filed with the General Assembly. The Court can revise and file the amendments with the General Assembly prior to May 1, 2010. The amendments would take effect on July 1, 2010, unless prior to that date the General Assembly adopts a concurrent resolution of disapproval.
Publication of these proposed amendments for public comment at this time does not imply that the Supreme Court endorses or will approve for filing with the General Assembly any or all of the proposed amendments.
Click here to access the text of the proposed amendments. Comments should be submitted in writing to: Jo Ellen Cline, Government Relations Counsel, Supreme Court of Ohio, 65 S. Front St., Seventh Floor, Columbus, Ohio 43215 or j.cline@sc.ohio.gov.
Contact: Chris Davey or Bret Crow at 614.387.9250