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2024 OPAA Annual Meeting
December 12th and 13th, 2024
THURSDAY, DECEMBER 12TH
Criminal Track
8:00 – 9:00 Registration and Continental Breakfast
9:00 – 10:00 Find the Story, Win the Case
Kentucky prosecutor Tom Lockridge brings an innovative program on the power of story and the importance of delivering a winning opening statement. In this presentation we discuss research into the power of story in both oral presentation to a jury and written briefs for the court. The presenter will take a deep dive into Hollywood storytelling techniques and reveal the structure of a good story, then apply that structure to a criminal case. The presenter will discuss the importance of finding the true emotional story of the case and describe ways to create empathy for the characters in the story (the witnesses, victims, and/or the investigators.) Additionally, the presenter will discuss ways to find the theme of the case based on universal values that will resonate with the jury. The presentation will establish the structure of a good opening statement and provide examples and techniques for effective and persuasive delivery of the opening statement, including the development of a three-part attention step. It is important to inoculate your opening statement to the plans of the defense and the presenters will offer specific techniques to ensure that the defense cannot overcome the power of the prosecution opening. Finally, the presentation will include video demonstrations of all the techniques discussed to bring it all together for the attendees.
Thomas L. Lockridge, Violent Crime Resource Prosecutor
Office of the Attorney General of Kentucky and
Courtney E. Curtis, Assistant Executive Director
Indiana Prosecuting Attorneys Association
10:00 – 10:15 Break
10:15 – 11:15 Find the Story, Win the Case continues…
11:15 – 12:15 Prosecution and Mental Illness: Challenges and Alternatives
Mental illness is common in the justice system, and there are increasing statewide efforts to help people with severe mental illness maintain recovery in the community and avoid court involvement. This program will examine the prevalence of mental illness in the justice system, the resulting impact on Ohio's system of care, and available resources for treatment, housing, and recovery. Individuals with untreated mental illness are often among the most difficult cases for prosecutors and can be the highest repeat offenders, so awareness of resources is helpful to case management.
Dr. Joy Stankowski M.D.
Interim Chief Medical Officer
12:15 – 1:45 Awards Luncheon
1:45 – 2:45 Nailing It Closed: The Persuasive Closing Argument
This session will discuss general closing considerations, including tying in your theme, selecting the proper demeanor and tone, and audio and visual considerations. You will be armed with quality tips for conducting the first closing session. We will discuss proper structure, delivering an impactful story, the importance of jury instructions, application of facts (both good and bad), and anticipation of defense arguments. Examples will be used from actual national and local cases, including those prosecuted by Mr. Brauchler: the Aurora Theater Massacre, the STEM School mass shooting, and others.
George Brauchler, District Attorney
23rd Judicial District – Colorado
2:45 – 3:00 Break
3:00 – 4:00 Nailing It Closed: The Persuasive Closing Argument continues…
5:00 – 7:00 Reception
Civil Track
8:00 – 9:00 Registration and Continental Breakfast
9:00 – 10:00 Ohio’s Sunshine Laws: Recent Updates on the Public Records and Open Meetings Acts
This session will provide a refresher on Ohio’s Sunshine Laws with a focus on recent cases and developments, and other Sunshine Laws issues relevant to law enforcement, such as Marsy’s Law. It will cover recent cases on the security records exemption, when personal information is considered public record, responding to overly broad requests, and responding to frequent requesters. It will also cover issues such as text messages as public records, the use of personal email for public business, and virtual and round robin meetings.
Heather L. Buchanan
Director of Open Government – Constitutional Offices
Office of Ohio Attorney General Dave Yost
10:00 – 10:15 Break
10:15 – 11:15 Supporting Maternity in the Workplace: Understanding the Pregnant Workers Fairness Act & EEOC Guidelines
The PWFA presentation begins with an overview of the EEOC's role in enforcing the discrimination laws and PDA which provide protection to employees who are pregnant. The session provides details of the PWFA's key provisions requiring employers to reasonably accommodate pregnancy-related limitations. Discussion will include PWFA key terms, various methods of reasonable accommodations, and the interactive process between employers and employees. The session will include review of other federal laws applicable to pregnant workers, such the PDA and PUMP Act, and discuss cases involving pregnancy discrimination and requirements for employers. The presentation concludes with an interactive Q/A section.
Jonathan J. Downes
Zashin and Rich
Columbus, Ohio
11:15 – 12:15 Inside Millage, Outside Millage and Budget Commissions
Prosecutors are regularly asked to advise the County Auditor and County Budget Commission on millage-related matters. This session will cover three aspects of Ohio property tax millage: (1) inside (unvoted) millage; (2) outside (voted) millage; and (3) County Budget Commission authority regarding millage.
Rebecca C. Princehorn, Partner and
Michael A. Ringle, Associate
Both with Bricker Graydon, LLP
Columbus, Ohio
12:15 – 1:45 Awards Luncheon
1:45 – 2:45 Township Law Update
Discussion of changes in township law the past year, including an overview of case law, passed and pending legislation, and opinions of the Ohio Attorney General.
Ben Yoder, Partner and
Brodi Conover, Partner
Bricker Graydon, LLP
Lebanon, Ohio
2:45 – 3:00 Break
3:00 – 4:00 Nuisance-Abatement and Other Civil Litigation
Learn about recent experiences using R.C. Chapter 3767 to abate nuisances, including utilizing as a tool to deal with drug- and felony-heavy motels within political subdivisions. In addition, we will cover recent civil appellate litigation decisions affecting political subdivisions.
Brodi Conover, Partner
Bricker Graydon, LLP
Lebanon, Ohio
5:00 – 7:00 Reception
FRIDAY, DECEMBER 13TH
Combined Sessions
8:00 – 9:00 Registration and Continental Breakfast
9:00 – 10:30 Learning Legal Ethics From the Lincoln Lawyer (Professional Conduct)
The first season of the Lincoln Lawyer series was the most popular English-language Netflix show having made the Top 10 in 90 countries. Although we enjoyed watching the exploits of the Lincoln Lawyer, was he ethical? The goal of this program is for attorneys to review the Rules of Professional Conduct while discussing this fascinating series. To do so, we will use film clips to examine the Lincoln Lawyer’s conduct and determine whether he violated the Rules of Professional Conduct. In this presentation we will examine Rule 1.1, Competence of Counsel and how prosecutors can prevent an attorney from arguing ineffective assistance of counsel on appeal. We’ll also look at Rule 1.2; 1.6; and 3.3.
Philip Bogdanoff
Retired career prosecutor
10:30 – 10:45 Break
10:45 – 11:45 The Ohio Ethics Law for Prosecutors (Professional Conduct)
This CLE will assist county prosecutors to expand their knowledge of the relationship between their public agencies and the Ethics Commission. It will help them understand the conflict-of interest restrictions imposed upon public officials and employees for whom they would give legal advice in addition to private parties, such as vendors, who interact with their agency. This session will also focus on helping attendees understand the definition of public contracts under the Ohio Ethics Law and will outline the ethics prohibitions related to public contracts. A better grasp of this information will increase the prosecutor’s effectiveness in their ability to comply
with the Ethics Law and in accommodating the needs of their public agency. This presentation will better equip prosecutors to offer sound counsel to the county entities that the prosecutor statutorily represents. Certainly, an improved knowledge of the Ethics Law and the understanding of the latest precedents of the Ethics Commission will improve government attorneys in practicing law.
Susan Willeke
Education & Communications Manager
Ohio Ethics Commission
11:45 – 1:15 Lunch and Business Meeting
Criminal
1:15 – 2:15 2024 Caselaw Update
This presentation will provide an overview of the most significant criminal-law decisions of the United States Supreme Court and Ohio Supreme Court from the past year.
Steven Taylor, Legal Research and Staff Counsel
Ohio Prosecuting Attorneys Association
2:15 – 2:30 Break
2:30 – 3:30 “B.O.A.” Constrictor: The Takedown of Bitcoin of America – a Case Study in the Prosecution of one of America’s largest Cryptocurrency Money Transmitters.
Three men and one business were indicted on illegally owning and operating cryptocurrency ATMs in gas stations across Cuyahoga and Lorain counties and were all charged for operating S and P Solutions as Bitcoin of America. The three men were all charged for money laundering, engaging in a pattern of corrupt activity, receiving stolen property and license requirement violation. This case study presentation will look at the intricacies of the case and provide insight for other counties that may see this type of fraud playing out in their county.
Andrew Rogalski, Assistant Prosecutor
Economic Crimes Unit Supervisor
Cuyahoga County
Civil Track
1:15 – 2:15 Check it Out! How Not to Get Dewey Decimated in the Library
Open to all, public libraries provide invaluable services to their communities. However, libraries face numerous legal changes. Questions often arise regarding access to services, free speech, and privacy rights for patrons, especially as it relates to internet usage and limitations. Finally, as with most public employers, public records and cybersecurity continue to create issues for libraries. Therefore, a summary will be provided regarding options available to prosecutors on both areas.
Benjamin Albrecht, Partner
Fishel, Downey, Albrecht, and Riepenhoff, LLP
2:15 – 2:30 Break
2:30 – 3:30 Was it Something I Said or Did? Responding to Social Media Images and Comments
The usage of social media continues to be a great concern within the public sector. Responding to comments from the public creates potential legal pitfalls for public agencies. Similarly, public employers are often tasked with responding to concerns raised by the public and employees regarding the online words, or actions, of public employees. This session will address how public employers can minimize the risk of liability when responding to public comments and employee behaviors.
Benjamin Albrecht, Partner
Fishel, Downey, Albrecht, and Riepenhoff, LLP
New Albany
We have requested approval of 9.50 total CLE hours which includes 7.0 general hours and 2.5 professional conduct hours from the Supreme Court of Ohio Commission on Continuing Legal Education.
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The registration fees for OPAA member counties are $425.00 for both days, and $250.00 if you attend one day only. This covers all handout materials, continental breakfasts, breaks, and lunches for PAs and APAs on both days, and the Thursday evening reception for both registrant and guest. Registration fees for non-members are $850.00 for two days and $500.00 for one day. Please send registrations to OPAA (mail, fax, email) so that they arrive no later than Monday, December 2nd. The cancellation of registrations made after Monday, December 2nd will be assessed a penalty of $200.00 if attending both days, and $125.00 if attending one day only. This is necessary to help defray the cost of food guarantees which must be made by that time.
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