Judge Richard Ferenc
BATAVIA, Ohio (June 14, 2017) – By focusing on treatment for low level felony offenders with opiate addiction, the Clermont County Common Pleas Court Adult Probation Department met goals set by a grant from the Ohio Department of Rehabilitation and Correction (ODRC) to reduce the number of low-level felons from Clermont County sent to state prisons.
Because it met those goals, the Probation Department has just been awarded an incentive grant of $108,200. In addition, the department was pre-approved for funding of a second two-year cycle of the grant.
Two years ago, the Probation Department was awarded a Probation Improvement and Incentive Grant of $335,803 running from July 1, 2015, through June 30, 2017, with three goals set by the ODRC, said Julie Frey, Director of Probation Services for the Common Pleas Court. The goals stemmed from the state’s attempts to reduce prison overcrowding. The State of Ohio’s prison system currently houses approximately 51,000 inmates but was constructed to hold about 38,000 people.
“State prisons are overcrowded,” Frey said. “Much of this is due to the opiate epidemic in Ohio and the drug-related crimes that come out of it. By placing offenders who present a lower risk of reoffending on community control – better known as probation — we can place them in a treatment program that addresses their addiction and addresses safety concerns for the public as well.
“The goal is to help offenders change their thinking and their behavior, and thereby reduce the likelihood they will reoffend. When this happens, we meet our main goals of keeping the community safe, saving tax dollars, and helping offenders become responsible citizens,” Frey said.
“It’s more expensive to incarcerate someone than to put them on community control where we can closely monitor their conduct,” Frey added. “With community control, a variety of sanctions are imposed, not just treatment. This local control allows us to be more proactive when monitoring any probationer. Such local control benefits the offender and in the end, the community as well.”
The Probation Department met all three goals set by the grant:
Frey stressed that the Probation Department makes recommendations to judges on whether an offender should be considered for community control based strictly on sentencing guidelines. “If we feel they are a danger to society, we will recommend incarceration,” she said.
Judge Richard Ferenc, Administrative Judge for Clermont County Common Pleas Court, said that, as the courts have been overwhelmed with drug-related cases, community control is a viable option in certain cases.
“It’s a difficult balance,” he said. “We want to maintain safety for our citizens. We can’t put all of these offenders in jail. We don’t have the space. We can’t put them all in prison. We don’t have the space. If they are low level, not repeat offenders, treatment is important.
“Medication-Assisted Treatment is now available, and that was not available even three years ago,” he said. “We’re seeing Vivitrol and other medications break the cycle of addiction. So far it seems to be working reasonably well.”
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BATAVIA, Ohio (March 15, 2017) — The Ohio Twelfth District Court of Appeals, one of 12 courts of appeal in Ohio, will be in Batavia on Tuesday, March 21, to hear oral arguments on two appeals. The arguments will take place at 10:30 a.m. in the courtroom of Judge Jerry R. McBride on the 2nd floor of the Clermont County Common Pleas Courthouse. The arguments are open to the public and will be attended by a class from Milford High School.
The three-judge panel hearing the arguments will consist of Judge Robert P. Ringland, Judge Robert A. Hendrickson and Judge Michael E. Powell. The attorneys arguing the appeals will be available to answer questions from the students after the arguments are finished.
The first case that will be argued is State v. Fridley, Clermont CA2016-06-041. Barry Fridley pled no contest to aggravated vehicular homicide and aggravated vehicular assault in 2015. In December 2015 he was sentenced to a total of seven years in prison. He did not appeal immediately but was granted leave to file a delayed appeal in May 2016. He has raised three assignments of error concerning the denial of a motion to suppress evidence, the imposition of consecutive sentences, and ineffective assistance of trial counsel.
The second case that will be argued is State v. Kaili Fitzgerald, Clermont CA2016-06-041. Kaili Fitzgerald and her husband Michael were both charged with child endangerment due to their infant son’s failure to thrive. Because the court determined that the child suffered serious physical harm, the offense was a 3rd degree felony. Kaili Fitzgerald was convicted and sentenced to five years of community control. She filed an appeal claiming that her conviction was against the manifest weight of the evidence because the evidence did not show that the child suffered serious physical harm.
The Twelfth District Court of Appeals, currently located in the City Building in Middletown, Ohio, reviews cases from Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble and Warren counties. The judges of the court currently include Judge Robert P. Ringland, Judge Robert A. Hendrickson, Judge Michael E. Powell, Judge Robin N. Piper and Judge Stephen W. Powell.
For further information:
Gary Scalf
Court Administrator
Clermont County Common Pleas Court
513-732-7394
gscalf@clermontcountyohio.gov
BATAVIA, Ohio (Jan. 23, 2017) — High school mock trial teams from Reading, Western Brown, Milford, Leaves of Learning, and Batavia have advanced from the local district mock trial competition to the regional competition that will be held at eight different locations around the State of Ohio on Feb. 10. Teams that win both trials in that competition will advance to the state competition, which will be held on March 9-11.
Clermont County hosted one of the 27 district competitions, all held on Jan. 20. Seventeen teams from 12 high schools competed in the Clermont County competition. Other high schools that participated in the competition were Georgetown, Moeller, Fayetteville Perry, Princeton, Eastern, Williamsburg, and Clermont Northeastern.
The Ohio High School Mock Trial Program helps students develop critical thinking skills by analyzing a problem and developing arguments for each side of it. It also promotes citizenship education and active participation in democracy.
In the 2017 Ohio mock trial case, students consider a case of defamation of a public official by a news station. In the fictitious case, Gov. Pat Justice speaks at a school assembly. Afterward, he meets with the school principal, and an argument ensues. Governor Justice leaves abruptly, and the principal is found dead from a brain aneurysm. A student who overheard the argument reports to a local news outlet that Governor Justice killed the principal. While the student’s account is quickly disproven, the story goes viral. The governor loses a bid for re-election and files suit against the news station, alleging defamation.
Each mock trial team consists of five to 11 students who prepare both plaintiff and defense cases and participate in two trials against opposing teams. Students assume the roles of witnesses and attorneys to present both sides of the case. Local judges and attorneys volunteer their time and expertise to preside over and score the mock trials.
The Ohio High School Mock Trial Program is Ohio’s largest high school academic competition and is among the largest high school mock trial programs in the nation.
The Ohio High School Mock Trial Program is sponsored by the Ohio Center for Law-Related Education (OCLRE), a private non-profit, nonpartisan organization whose goal is to improve society by developing citizens empowered with an understanding of our democratic system. OCLRE is sponsored by the Ohio State Bar Association, the Supreme Court of Ohio, the Ohio Attorney General’s Office, and the American Civil Liberties Union of Ohio Foundation. The Ohio High School Mock Trial Program is supported in part by a grant from the Ohio State Bar Foundation.
The Clermont County district mock trial competition was sponsored by the Clermont County Common Pleas Court, the Clermont County Municipal Court, and the Clermont County Bar Association. Local funding is provided by the Clermont County Bar Association.
This year, more than 3,000 students competed in the district competitions.
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Judge James A. Shriver
COLUMBUS, Ohio (Sept. 21, 2016) — Judge James A. Shriver of Clermont County Common Pleas Probate/Juvenile Division was elected last week Chair of the Ohio Judicial Conference. He begins his two-year term on Oct. 1.
“I am both humbled and honored that the judges of Ohio have placed their confidence and trust in me to lead the Ohio Judicial Conference in this time of a new beginning,” Judge Shriver said.
“Public confidence in our judicial system is essential to maintaining an orderly democratic society. I look forward to working closely with judges, courts and other entities to ensure the fair, effective and efficient administration of justice. Our organization must encourage and facilitate initiatives at the state and local level to enhance public knowledge about the justice system and the role of courts. We will endeavor to further improve the quality of justice for all Ohio citizens.”
Judge Shriver has been a longtime active member of the Ohio Judicial Conference, which includes all 722 Ohio judges. He has served on the Specialized Dockets Committee, the Criminal Law and Procedure Committee, the Committee on Community Corrections, the Juvenile Law and Procedure Committee and the Probate Law and Procedure Committee. Judge Shriver co-chairs the Court Administration Committee.
The Ohio Judicial Conference, a state entity in the judicial branch of government, works to improve the administration of justice. Judge Shriver will help lead the work of over 20 committees of judges active in all areas from judicial ethics, public confidence and community outreach.
Before being appointed by Gov. John Kasich to the Juvenile/Probate Division in July 2013, Judge Shriver served 18 years as a Municipal Court judge in Clermont County. During his 21 years of service on the bench, Judge Shriver has pioneered many innovative programs designed to improve the critical thinking of offenders, reduce the rate of recidivism, and provide meaningful alternatives to jail time for many offenders. Judge Shriver began Ohio’s first OVI (Operating a Vehicle while Impaired) Court in 2005. It has become a model for other OVI dockets throughout Ohio and has been recognized numerous times.
Judge Shriver currently operates a Family Dependency Treatment Court to address the needs of drug addicts whose children have been removed and placed in the temporary custody of Clermont County Children’s Protective Services.
Judge Shriver has been a strong advocate of the victims of crime. He began his legal career as an Assistant Prosecuting Attorney in Clermont County, where he established the Victim Assistance and Mediation Program for misdemeanor cases. Recognizing that individuals and businesses can both be victims of crime, he developed and implemented a check resolution service in addressing bad check writers. Over a period of 6 years, the program collected more than $1.9 million for crime victims.
He also developed a felony crime victim assistance program, which has served more than 5,000 victims. The late Chief Justice Thomas J. Moyer of the Ohio Supreme Court awarded a Certificate of Exemplary Services to Judge Shriver in recognition of his exceptional commitment to Ohio crime victims.
Community involvement is an important part of Judge Shriver’s judicial service. He served as a member of the Clermont County Youth Services Advisory Board for 11 years. He also served as a member of the Clermont County Child Abuse and Neglect Advisory Board for 10 years. Judge Shriver is the present Chair of the Commission on Specialized Dockets of the Ohio Supreme Court. He is the Past Chair of the Criminal Justice Committee and the Traffic Law Committee of the Ohio State Bar Association, and a Past President of the Association of Municipal/County Judges of Ohio. He is the current President of the Mission Foundation of the Ohio River Valley District of the United Methodist Church.
Judge Shriver has received the President’s Award for Judicial Excellence from the Association of Municipal/County Judges of Ohio, presented in recognition of outstanding and meritorious service as a municipal court judge. The Ohio Justice Alliance for Community Corrections awarded Judge Shriver the distinguished C.J. McLin Award given to an elected official who has worked towards the improvement of community corrections in Ohio.
Other recognitions include the Wasserman Champion Award given for championing innovative services for consumers of mental health, alcohol and drug addiction services, the Safety and Justice Award from Clermont 20/20 and an award from the Clermont County Domestic Violence and Sexual Assault Task Force.
Contact:
Louis Tobin
Deputy Director
Louis.tobin@sc.ohio.gov
614.387.9750
The Milford High School team. From left, Nicole Bauer, Grace Miller, Sydney Pachta, Elyse Flannery and Anna Rustom.
BATAVIA, Ohio (March 28, 2016) — This year, Clermont County had the honor of hosting teams which were competing in the Ohio state high school mock trial competition. This marks the 20th consecutive year that Clermont County has hosted one of the Ohio high school district or regional mock trial competitions.
The set-up for the high school mock trial competition is as follows: Teams compete in a district competition. Teams that win two trials in the district competition advance to a regional competition. Teams that win two trials in the regional competition advance to the state competition. The teams keep competing at the state competition until there is a championship round and one team then wins.
This year, the winner of the state competition was Orange High School from the Cleveland area, which defeated Dayton Early College in the championship round. As the overall winner, Orange will compete in the national high school mock trial competition in May in Boise, Idaho.
Who competed
High schools competing in the Clermont County district competition, which was held on Jan. 29, were Amelia, Batavia, Eastern Brown, Fayetteville-Perry, Georgetown, Milford (two teams), Moeller (two teams), North Adams, Reading (two teams), Walnut Hills (three teams), Western Brown, and Williamsburg. High schools that won two trials and advanced to the state competition were Reading (two teams), Walnut Hills (two teams), Western Brown, and Moeller.
High schools competing in the Clermont County regional competition, which was held on Feb. 19, were Elder (two teams), Indian Hill (four teams), LaSalle, McNicholas, Mother of Mercy, Oak Hills (two teams), Reading (two teams), Seven Hills, Summit Country Day, Sycamore, and Walnut Hills (two teams). High schools that won two trials and advanced to the state competition were Indian Hill (four teams), Reading, McNicholas, and Oak Hills.
The Ohio high school mock trial program helps students to develop critical thinking skills by analyzing a problem and developing arguments for each side of it. It also promotes citizenship education and active participation in democracy.
The case adjudicated
The 2016 Ohio high school mock trial case involved a police officer who shot a young man on the shoulder while on the scene of a suspected armed robbery. The case focused on whether the use of deadly force by the officer was justified under the Fourth Amendment to the U.S. Constitution.
In the Ohio high school mock trial competition, students assume the roles of witnesses and attorneys to present both sides of a case. Local judges and attorneys volunteer their time and expertise to preside over and score the mock trials.
The Ohio High School Mock Trial Program is Ohio’s largest high school academic competition and is among the largest high school mock trial programs in the nation. This year, 376 teams competed in Ohio.
The Ohio High School Mock Trial Program is sponsored by the Ohio Center for Law-Related Education (OCLRE), a private non-profit, nonpartisan organization whose goal is to improve society by developing citizens empowered with an understanding of our democratic system. OCLRE is sponsored by the Ohio State Bar Association, The Supreme Court of Ohio, the Ohio Attorney General’s Office, and the American Civil Liberties Union of Ohio Foundation. The Ohio High School Mock Trial Program is made possible in part by a grant from the Ohio State Bar Foundation.
The sponsors
The Clermont County district and regional mock trial competitions are sponsored by the Clermont County Common Pleas Court, Clermont County Municipal Court, and the Clermont County Bar Association. Local funding is provided by the Clermont County Bar Association.
The Ohio high school mock trial program began in 1983-84 with 28 teams competing statewide. This year, more than 3,000 students competed in the district competitions.
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