Ohio Supreme Court Oral Argument: Does Including Prison Privatization in the Budget Bill Violate the One Subject Rule?

The Ohio Supreme Court heard oral arguments today to determine whether inclusion of a prison privatization measure in state budget legislation violates the Ohio Constitution’s one subject rule.  The case is  State ex rel. Ohio Civil Service Employees Association  v. State , Ohio Supreme Court case no. 2014-0319.   (Docket, Oral Argument Preview).  Also at issue […]

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Term Limit Proposals Create Controversy

The  Ohio Constitutional Modernization Commission (OCMC) will consider two proposals to amend the Ohio Constitution to extend term limits for Ohio legislators.  The Legislative Branch and Executive Branch Committee recommended these proposals to the full commission.  Both proposals would extend terms limits in the Ohio House and Ohio Senate to twelve years instead of eight. 

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Amend Ohio Constitution to Stop Constitutionally Created Monopolies?

Ohio Auditor David Yost presented a proposal to the Ohio Constitutional Modernization Commission’s Revisions and Updating Committee to prohibit initiative petitions (proposals to amend the Ohio Constitution) that confer a benefit only to an individual or group of individuals.  The proposal is a response to marijuana initiative petitions, namely, ResponsibleOhio’s initiative and  Better for Ohio ‘s

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UPDATED: May 2015 Ohio Constitutional Modernization Commission Meetings

All meetings will be held on Thursday, May 14, 2015 in Columbus, Ohio.  If you are interested in addressing a committee please contact Steven C. Hollon, Executive Director of the Ohio Constitutional Modernization Commission at 614.644.2022. 9:30 a.m. Education Public Institutions, and Local Government Committee–  Room 017 of the Ohio Statehouse.  Presentation by Senior Policy

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Better for Ohio Marijuana Amendment Certified by Ohio AG

After an initial rejection by the Ohio Attorney General, Better for Ohio resubmitted their proposed initiative to legalize marijuana.  The second attempt, entitled “Legalize Marijuana and Hemp in Ohio Initiative Petition “ was certified by the Ohio Attorney General as containing a fair and truthful summary of the proposed amendment to the Ohio Constitution. Better

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Cleveland’s Jock Tax Violates Due Process, but not Equal Protection

In Hillenmeyer v. Cleveland Bd. of Rev., Slip Opinion No. 2015-Ohio-1623, the Ohio Supreme Court found that: Cleveland’s use of the games-played method violates due process as applied to NFL players such as Hillenmeyer. Under the duty-days method, which provides due process and satisfies Cleveland’s municipal-income-tax ordinance, Hillenmeyer is entitled to a partial refund of

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Ohio Supreme Court holds Ohio Constitution Affords More Due Process Rights than U.S. Constitution

In State v. Bode, Slip Opinion No. 2015-Ohio-1519, the Ohio Supreme Court in a 4-3 decision held that a defendant’s juvenile adjudication of delinquency for DUI could not enhance the penalty for a later adult sentence for DUI, when there was no defense counsel at the juvenile adjudication, and there was no waiver of the

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State Restrictions on Traffic Cameras Violate Home Rule, Says Lucas County Court

The Lucas County Common Pleas Court held yesterday that State legislation requiring police officers to be present, and imposing other restrictions on the operation of traffic cameras,  SB 342, violates the home rule provision of the Ohio Constitution.  See Toledo v. State, Lucas C.P. Case No. CI-201501828.  The City of Toledo was granted an injunction. 

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New Marijuana Legalization Proposal Rejected by Ohio Attorney General

A new initiative petition to amend the Ohio Constitution to legalize marijuana was rejected by the Ohio Attorney General on April 24, 2015.  The petition, called “Legalize Marijuana in Ohio” was proposed by the group Better for Ohio.  The Attorney General found the summary of the proposed amendment was not fair and truthful.  Specifically,  the proposal

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