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2007 OPAA Annual Training
November & , 2007
Hyatt on Capitol Square, Columbus, Ohio

This year's Annual Meeting will again feature dual civil and criminal tracks all day Thursday, and Friday afternoon. The required subjects, ethics, substance abuse and professionalism are scheduled for Friday morning.

By request of many members, we will be back in the Statehouse Atrium for our Thursday evening Welcoming Reception and Awards Banquet.

Thursday November 29

8:00 - 9:00 Registration and Continental Breakfast

CRIMINAL

9:00 - 10:30 Constitutional Law Update
Great search and seizure cases, a "hell, yeah you can ram 'em!" rewrite of deadly force rules, a clear ruling that Crawford actually limits the reach of the 6th Amendment -- all in year in which the nutty 9th Circuit goes 11-0-1, should make for a great Supreme Court update for trial dogs!
Richard M. Wintory
Deputy County Attorney
Pima County, Arizona

10:30 - 10:45 Break

10:45 - 12:00 Constitutional Law Update, continued

12:00 - 1:30 Awards luncheon

1:30 - 2:30 Unto the Third Generation: A Call to End Child Abuse Within 120 Years
In this moving, hopeful address, attendees will learn the five obstacles that prevent us from ending child abuse and will learn of sweeping changes now taking place in our child protection system that will enable us to significantly reduce and perhaps eliminate child abuse over the course of the next three generations. The session is based on a scholarly work that was published in the Journal of Aggression, Maltreatment and Trauma and in the Hamline Journal of Public Law and Policy, Fall 2006.
Victor I. Vieth, Director
National District Attorney's Association
National Center for Prosecution of Child Abuse
National Child Protection Training Center

2:30 - 2:45 Break

2:45 - 4:45 Defending the Investigative Interview
Many defense attorneys attempt to deflect juror attention away from a child's allegations of abuse by attacking the manner in which the child was interviewed. The implicit or explicit claim is that the interviewer purposefully or unwittingly planted the allegation of abuse in the child's mind. Fearful of the anticipated attack on the investigative interview, some prosecutors decline to file charges in cases involving only eyewitness testimony of a young child. In this session attendees will learn how to successfully defend the investigative interview.
Victor I. Vieth, Director
National District Attorney's Association
National Center for Prosecution of Child Abuse
National Child Protection Training Center

6:00 - 7:00 Welcoming Reception - Statehouse Atrium

7:00 - 9:00 Awards Banquet - Statehouse Atrium

CIVIL

9:00 - 10:00 Representing the Health Department
For almost 17 years, Ms. Dawson has been the Stark County Prosecutor assigned to represent the Stark County Board of Health. She will talk about learning and refining enforcement of Revised Code Chapter 37, training Board of Health employees, and educating judges about an area of the law they don't often see. She will share examples of creative solutions for public health problems she and the Board staff utilize.
Deborah A. Dawson, Assistant Chief Civil Division
Stark County Prosecutor's office

10:00 - 10:15 Break

10:15 - 11:15 SB 185, The Ohio Homebuyer Protection Act: An Overview
This presentation examines the State's response to predatory lending activities and high foreclosure rates. This presentation will outline the complex and comprehensive legislation, in effect since January 1, 2007, as well as the administrative rules promulgated by the State Division of Financial Institutions and the Ohio Attorney General under the Consumer Sales Practices Act. In addition, the presentation examines the newly-expanded role of county prosecutors in enforcing lending statutes.
Terrence O'Donnell
Bricker and Eckler, LLP
Columbus, Ohio

11:15 - 12:00 SB7: What You Need to Know about Recent Changes to Eminent Domain Law in Ohio
This session will focus on the current status of eminent domain law in Ohio. SB7, effective October 10, 2007, includes new requirements, which will affect the determination of whether property is sufficiently blighted to permit eminent domain for purposes of urban renewal, as well as additional appeal, compensation, and attorney fee provisions, which will likely lengthen and increase expenses in what can already be a lengthy and costly process.
Kimberly J. Brown, Partner
Bricker and Eckler, LLP
Columbus, Ohio

12:00 - 1:30 Awards Luncheon

1:30 - 2:15 2007 Township Law Update
This session will cover principal changes occurring in township law in the last year, with special emphasis on public records, finance, eminent domain and township cemeteries. Ms. Princehorn will also cover current status of "pay-to-play" in public contracting and the Budget Bill's revamping of the Local Government Fund.
Rebecca C. Princehorn, Partner
Bricker and Eckler, LLP
Columbus, Ohio

2:15 - 2:30 Break

2:30 - 4:00 Review and Update of Ohio Election Laws
An overview of voter registration issues, ID requirements, absentee ballots, and provisional ballots. Mr. Shinn and Mr. Green will also cover filling vacancies on elected offices and filling vacancies of candidates.
Brian E. Shinn, Assistant General Counsel and Elections Counsel
and Brian P. Green, Elections Counsel
Both with the office of Jennifer Brunner, Ohio Secretary of State

4:00 - 4:45 Sewage Regulations and Local Boards of Health
The 2007 Suspended Sewage Rules and adopting previous local sewage rules per Am. Sub. H.B. 119 (the budget bill).
Mary Brigid Matheney, Assistant Prosecutor
Geauga County

6:00 - 7:00 Welcoming Reception - Statehouse Atrium

7:00 - 9:00 Awards Banquet - Statehouse Atrium

Friday, November 30

8:00 - 9:00 Registration and Continental Breakfast

COMBINED

9:00 - 10:00 Legal Ethics -- Sources, Procedure, and Recent Developments
Ethics issues that face the prosecuting attorney's office and an overview of the Code of Professional Responsibility.
Geoffrey Stern, Director (Partner)
Kegler, Brown, Hill & Ritter Co., LPA

10:00 - 10:15 Break

10:15 - 11:15 Professionalism
A discussion of A Lawyer's Creed and A Lawyer's Aspirational Ideals.
Geoffrey Stern, Director (Partner)
Kegler, Brown, Hill & Ritter Co., LPA

11:15 - 11:45 Substance Abuse, Chemical Dependency & Mental Health Concerns in the Legal Profession
Substance abuse problems among lawyers, and resources available through the bar and elsewhere to help.
Stephanie Krznarich MSW, LISW, CCDC-I
Clinical Director
The Ohio Lawyer's Assistance Program, Inc.

11:45 - 12:45 Lunch

CRIMINAL

12:45 - 2:00 Implementation of the Adam Walsh Act and Its Impact on Ohio
The Adam Walsh Child Protection and Safety Act of 2006 was signed into law on July 27, 2006 (Pub. L. 109-248), creating comprehensive minimum standards for the States, territories and Indian tribes, to adopt for their sex offender registries.
On June 30, 2007, Senate Bills 10 and 97, Ohio's Adam Walsh bills, were signed by Gov. Ted Strickland, to take effect July 1, 2007. This presentation will provide an overview of how Ohio has implemented the changes under the AWA and how it will effect the current and prospective offenders and juvenile delinquents that will be subject to the registration requirements.
Erin G. Rosen, Senior Assistant Attorney General
Sex Crimes Unit Coordinator
Office of Marc Dann, Ohio Attorney General

2:00 - 2:15 Break

2:15 - 3:15 Ohio Speedy Trial and Tolling Events
Daily, courtroom prosecutors face questions about whether a motion, continuance, or other event "counts against the state" in determining a defendant's speedy trial time. This presentation illuminates speedy trial law in Ohio and focuses on tolling events under R.C. 2945.72. The presentation intertwines concise lectures on the speedy trial statute with fifteen practical speedy trial problems drawn from actual Ohio cases. Attendees will emerge capable of solving any speedy trial problem, whether on the day of trial or months after on appeal.
Rhys Brendan Cartwright-Jones, Assistant Prosecutor
Mahoning County

3:15 - 4:00 Organized Crime Commission Update
An update of the Ohio Organized Crime Investigations Commission and how it can be of assistance to the prosecuting attorney's office by its newly appointed director.
Benjamin Casuccio, Director
Ohio Organized Crime Investigations Commission

CIVIL

12:45 - 1:45 Representing The County Library
Although easily accessible and open to all, public libraries are governed by multiple laws, and face numerous challenges, to provide invaluable services to their communities. The myriad of laws governing the administration of public libraries continues to grow. For example, recent legislation [House Bill 9] imposes new requirements upon libraries. Also, public libraries continue to be potentially fertile ground for First Amendment issues. For example, internet usage and limitations on patron access raise unsettled First Amendment concerns. Ms. Hass' presentation untangles the tangled web of library law in order to promote the effective representations of public libraries.
Cheri B. Hass, Partner
Downes, Hurst, Fishel
Columbus, Ohio

1:45 - 2:00 Break

2:00 - 3:15 Drug Testing in the Public Sector
Frequently public employers face this simple question. Unfortunately, the answer is rarely so simple. A government employee does not check their right to privacy at the door under the conditions of their employment. However, the government may have a "special need" to ensure that its employees, or its applicants for employment, are drug-free. Can drug testing only be performed based upon reasonable suspicion or in safety-sensitive positions? The circumstances under which drug testing are permissible is the topic of ongoing debate and litigation. Ms. Hass' presentation provides clear and concise insight on the manner in which public employers can best administer drug testing.
Cheri B. Hass, Partner
Downes, Hurst, Fishel
Columbus, Ohio

3:15 - 4:00 Claims Against Contract and Payment Surety Bonds on Construction Projects
Mr. Wampler and Mr. McCloskey will discuss construction surety bond basics, protection provided to the owner, and expectations an owner's attorney can expect when it makes a claim against a surety bond.
Samuel Wampler, Partner
Christopher L. McCloskey
Bricker and Eckler, LLP
Columbus, Ohio

OPAA HAS REQUESTED 11.25 HOURS OF CLE CREDITS. THIS BREAKS DOWN AS FOLLOWS:
8.75 HOURS GENERAL,
1.00 HOUR OF ETHICS,
1.00 HOUR OF PROFESSIONALISM,
AND 0.50 HOUR OF SUBSTANCE ABUSE.

Room rates at the Hyatt on Capitol Square are $123.00 for single, double, or triple. To make reservations, call 614-228-1234. Identify yourself as being with OPAA to obtain our special rate. The cut-off date for our block of rooms is November 5th.

The registration fee is $275.00, which covers all handout materials, continental breakfasts, breaks, and lunches for PAs and APAs on both days, and the Awards Banquet for both registrant and guest. The fee for one day only is $150.00. Due to the expense of producing the training manual, a $40.00 penalty will apply to all cancellations made through November 23rd, and a copy of the manual will be sent. To help defray the cost of food guarantees which must be made by that date, cancellations after November 23rd, will be assessed a $150.00 penalty if scheduled to attend both days, and a $100.00 penalty if scheduled for one day only.

Please send registrations to OPAA by November 16th (earlier if possible).

NOTE: If any registrant has special dietary needs, contact Delores at 614-221-1266, so that advance arrangements can be made.

 

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