Sheraton Columbus at Capitol Square, Columbus
December 1st & 2nd, 2011

Not to confuse anyone – the Annual Meeting is at the usual location, just a new name. The former Hyatt on Capitol Square was purchased by new owners earlier this year, and the Sheraton name became official on September 1, 2011.

This years Annual Meeting will once again feature civil and criminal tracks. The criminal track will have Richard Wintory returning to update us on the latest Supreme Court cases of interest; immigration issues; sentencing bill changes; charging considerations when dealing with internet crimes against children; and how stalking and technology have become entwined. We will also have a host of civil topics including construction reform; wind farm issues; predatory lending; government reform; junkyard law; title VII; eminent domain; and with the current trend of hydraulic fracturing, we will again be talking about Utica and Marcellus shale issues. Of course, we will also have the required hours of ethics, professionalism, and substance abuse on Friday morning.

THURSDAY, DECEMBER 1

8:00-9:00 Registration and Continental Breakfast (PAs and APAs only)

Criminal Track

9:00-10:30 Supreme Court Update For Trial Dogs
Instead of clarifying the constitutional protections of criminal defendants, Justice Scalia says the Court has become the “obfuscator of law resort” however all will be revealed to trial dogs in this term’s decisions on Batson, Crawford, officer-created exigencies, prosecutorial liability and more. Please note: this is a Plain English only presentation.
Richard M. Wintory, Assistant Attorney General
Border Crimes Enforcement Section
Office of Attorney General Tom Horne
Tucson, Arizona

10:30-10:45 Break

10:45-12:00 Supreme Court Update For Trial Dogs, Continued

12:00-1:30 Awards Luncheon (PAs and APAs only)

1:30-2:30 Stalking And Technology
At the end of this presentation participants will be able to define stalking; describe stalking quantitatively; list potential harms victims can experience, including homicide, and reasons all stalking cases should be taken seriously; explain the importance of context in stalking; articulate how stalking differs from other crimes; name several different types of technology and how it is used in stalking; discuss how technology affects their work; and identify strategies to address technology in stalking cases.
Jessamyn Tracy
Stalking Resource Center
The National Center For Victims of Crime
Washington D.C.

2:30-2:45 Break

2:45-4:45 Stalking And Technology, continued

6:00-7:00 Welcoming Reception – Statehouse Rotunda

7:00-9:00 Awards Banquet and Installation of New President – Statehouse Atrium

9:00-12:00 Hospitality Suite

Civil Track

9:00-10:00 Local Government Collaboration and Reform
The Budget Bill (HB 153) and related legislation targets Local Government Collaboration and Reform as a way to ease the pain of cuts in state aid. This session will survey Local Government Collaboration and Reform in that regard with an emphasis on those elements most likely to involve legal counsel, particularly agreements for shared services.
Rebecca C. Princehorn, Partner
Public Finance Group
Bricker & Eckler LLP
Columbus, Ohio

10:00-10:15 Break

10:15-11:15 Construction Reform
The Ohio legislature has made sweeping modifications to Ohio's public construction statutes. Design-Build, Construction Manager at Risk, and Single Prime General Contracting are soon to be available to public owners. This program will provide the latest information on when these options will become available, the relative advantages and disadvantages of each approach, and the latest information on the rules that are being developed by the Department of Administrative Services that will apply to these delivery systems.
Jack Rosati, Jr., Partner and
Benjamin B. Hyden, Associate
Bricker & Eckler LLP
Columbus, Ohio

11:15-12:00 Wind Energy 101: Wind Farms Finally Arrive In Ohio
Three years after the enactment of Ohio Senate Bill 221, which established Ohio’s renewable portfolio standard, the state’s first wind farms are starting to rise, with more on the way. Ohio’s RPS has served as a powerful catalyst of wind energy’s growth in the state, but important regulatory questions pose potential challenges to the industry’s continued success.
Matthew W. Warnock, Associate and
Christopher M. Montgomery, Associate
Bricker & Eckler LLP
Columbus, Ohio

12:00-1:30 Awards Luncheon (PAs and APAs only)

1:30-2:30 Predatory Lending: Smell Test and Beyond
In response to lending practices that led to the United States mortgage meltdown, both the Ohio Legislature and the United States Congress have enacted legislation to curtail predatory lending practices. Likewise, the Ohio Attorney General has initiated actions against lenders to crack down on unethical actions that violate Ohio and federal laws. Discussion will include the scope of the SAFE Act, the new Bureau of Consumer Financial Protection, and Ohio case law updates regarding predatory lending lawsuits.
Anthony M. Sharett
Bricker & Eckler LLP
Columbus, Ohio

2:30-2:45 Break

2:45-3:45 Meaner Than A Junkyard Dog....Junkyard Law!
Everything you ever wanted to know about junkyards, but were afraid to ask. Inspections, compliance, zoning, warrantless searches and obligations, or lack thereof, to third parties. Don't know a salvage yard from a junkyard? This is the session for you.
Cheri B. Hass, Partner
Downes, Fishel, Hass, Kim, LLP
Columbus, Ohio

3:45-4:45 Title VII
This session will discuss the current status of unlawful discrimination and harassment laws with a focus on case trends and retaliation claims. Is your local cross-dressing police officer the member of a protected class? Can you safely terminate the fiancee of an employee who filed a claim of discrimination? We will answer these questions and more.
Cheri B. Hass, Partner
Downes, Fishel, Hass, Kim, LLP
Columbus, Ohio

6:00-7:00 Welcoming Reception – Statehouse Rotunda

7:00-9:00 Awards Banquet and Installation of New President – Statehouse Atrium

9:00-12:00 Hospitality Suite

FRIDAY, DECEMBER 2

8:00-9:00 Registration and Continental Breakfast (PAs and APAs only)

Combined Track

9:00-10:00 Ethics For Prosecutors
The application of the Ohio Rules of Professional Conduct and various decisions thereunder to several ethics issues, including use of social media by jurors, counsel, and the court; candor to the tribunal; statements about the tribunal; reporting misconduct; Brady v. Maryland and the duty to disclose favorable information, and permissible arguments.
Jonathan E. Coughlan
Disciplinary Counsel
Supreme Court of Ohio

10:00-10:15 Break

10:15-11:15 When Lawyers Behave Badly – A Guide To Ensuring Professionalism Between The Bar And The Bench
This course will present scenarios about attorneys behaving badly – in ways that are not necessarily unethical but are unprofessional. Audience members will be polled (anonymously) about whether they ever engage in this misbehavior and how they typically respond to unprofessional behavior of opposing counsel. The discussion will incorporate features of a Lawyer’s Creed and Aspirational Ideals set forth by the Ohio Supreme Court.
Judge Kimberly Cocroft, Franklin County Common Pleas
Judge John P. O’Donnell, Cuyahoga County Common Pleas
Lori L. Keating, Esquire, Attorney Services Counsel, Supreme Court of Ohio

11:15-11:45 Substance Abuse And Mental Health Issues
Recognizing addictions and treatment alternatives will be discussed along with mental health issues, the Ohio Lawyers Assistance Program, and other ways of receiving help.
Scott R. Mote, Executive Director
Ohio Lawyers Assistance Program

11:45-1:15 Lunch and Business Meeting (PAs and APAs only)

Criminal Track

1:15-2:15 Immigration And Customs Enforcement / Enforcement and Removal Operations
Discussion will include a review of the current removal of foreign nationals’ policies and procedures.
Rebecca Adducci, Field Office Director (Detroit) and
Corey A. Price, Assistant Field Office Director
United States Department of Homeland Security

2:15-2:30 Break

2:30-3:30 Highlights Of House Bill 86 – Sentencing Reform
The panel will discuss several of the changes recently enacted in House Bill 86, including the changes in juvenile bindover law, the changes in felony threshold for various offenses, the equalization of crack and powder cocaine, the changes for judicial release, and the change in maximum sentence for many third-degree felonies.
Jim Hughes, Senator Ohio 16th District
Ronald J. O’Brien, Prosecuting Attorney Franklin County
Steven L. Taylor, Chief Counsel, Appellate Division, Franklin County

3:30-4:00 Charging Considerations And Sentencing Strategies In ICAC Prosecutions
Jesse Canonico, Director of the Ohio Internet Crimes Against Children (ICAC) Task Force, will discuss the possible offenses prosecutors must consider when initially charging a child pornography case. He will examine and discuss the most common crimes used by prosecutors who deal with child pornography and child exploitation cases. He will also review the pros and cons associated with child pornography charges. Jesse will also discuss proven sentencing strategies he has utilized in child pornography cases during his career as an assistant county prosecutor, including educating judges about technology-facilitated offenses, convincing judges that these are not “just pictures” cases, and providing judges with information about the real children who have been re-victimized by the downloading and trading of child pornography images.
Jesse Canonico, Director, Ohio Internet Crimes Against Children Task Force Assistant Prosecutor
Cuyahoga County

Civil Track

1:15-2:15 Ohio Eminent Domain Law Update
Update on changes made to Ohio eminent domain law under SB7 and recent Ohio eminent domain case law.
Kimberly J. Brown, Partner
Bricker & Eckler LLP
Columbus, Ohio

2:15-2:30 Break

2:30-4:00 Oil And Gas Law 101: Welcoming Marcellus And Utica Shale Development To Ohio
Recent technological advancements have made it possible to produce natural gas from deep shale reservoirs in the State of Ohio – often referred to as the Marcellus and Utica Shale. This session will provide an introduction to oil and gas law, the Marcellus and Utica Shale natural gas reservoirs, hydraulic fracturing, and the numerous legal issues arising from such development.
Matthew W. Warnock, Associate
Energy, Public Utilities, and Environmental Group
Bricker & Eckler LLP
Columbus, Ohio

OPAA HAS REQUESTED APPROVAL FOR 10.75 HOURS OF CLE CREDITS. THIS BREAKS DOWN AS FOLLOWS: 8.25 HOURS GENERAL, 1.00 HOUR OF ETHICS, 1.00 HOUR OF PROFESSIONALISM, AND 0.50 HOUR OF SUBSTANCE ABUSE.

If any registrant, or guest, has special dietary needs, please contact Delores at 614-221-1266, so that advance arrangements can be made. If our caterer can handle the request, there will be no charge. If outside sources must be utilized, there may be a charge.

Room rates at the Sheraton Columbus at Capitol Square are $129.00 for single, double, or triple. To avoid paying tax, accommodations must be paid for with either an office check or office credit card. Personal payment, even though it will be reimbursed by the office, is not tax exempt by state law. To make reservations, call 800-325-3535. Identify yourself as being with OPAA to obtain our special rate. Our contract with the hotel specifies that all attendees at this meeting will pay the negotiated room rate. It violates the spirit, if not the letter, of our agreement for attendees at this meeting to reserve a room at a lower government rate. The cut-off date for our block of rooms is Monday, November 8th. Sheraton check-in time is 3:00 p.m., and check-out time is 12:00 noon. Early check-in and late check-out based on availability. Cancellation Policy: any reservation not canceled 24 hours in advance of 3:00 p.m. of the day of scheduled arrival will be charged one night’s room and tax as a no-show penalty.

The registration fee is $300.00, which covers all handout materials, continental breakfasts, breaks, and lunches for PAs and APAs on both days, and the welcoming reception, awards banquet, and hospitality suite for both registrant and guest. The fee for one day only is $175.00. Due to the expense of producing the training manual, a $45.00 penalty will apply to all cancellations made through November 25th, 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 25th, will be assessed a $175.00 penalty if scheduled to attend both days, and a $125.00 penalty if scheduled for one day only.

Please send registrations to OPAA by November 18th, or complete the on-line registration form.