Ohio Prosecuting Attorneys Association Summer Workshop

2020 OPAA Virtual Summer Workshop
June 25th and 26th, 2020

Our 2020 on-line Summer Workshop, while different, will still feature a group of knowledgeable speakers and interesting topics. Also, we split the tracks so there is an opportunity for viewers to receive 11 hours of CLE if they would like to follow both the civil and criminal tracks. We have also alternated the civil and criminal tracks so you don't have to get up early one day! We will miss seeing everyone at Cedar Point, but at least we won’t have to deal with the Lake Erie weather!

Downloadable agenda and registration available here

9:00 – 10:30 A Perfect Storm: Alcohol, College Age Victims, and Sexual Assault
Alcohol plays a part in fifty percent of sexual assaults and in acquaintance rapes alcohol is present seventy five percent of the time. However, victims that are raped when intoxicated are reluctant to report the assault. Further, prosecutors have difficulties prosecuting these crimes because the victim often cannot remember details of the assault and juries question the credibility of these victims and whether she may have consented to the sexual conduct. In many cases the controlling issue is whether the victim was substantially impaired and whether the defendant knew of this impairment at the time of the assault. In this presentation we will discuss voluntary intoxication, alcoholic blackouts and roadblocks prosecutor’s face when prosecuting these cases.
Philip Bogdanoff
Retired Career Prosecutor

10:45 - 12:00 Pharmacogenomics 101: A potential link to Opioid Use Disorder
Personalized medicine using pharmacogenomic testing has the potential to improve therapeutic outcomes and reduce the risk of adverse drug reactions. In this program, we will review the basic concepts of pharmacogenomics and link these concepts to studies examining opioid use disorder.
Jon Sprague, Director of Science and Research
Office of Ohio Attorney General Dave Yost

1:00 - 2:30 Protecting Older Adults: The Prosecutors’ Perspective
Pursuant to O.R.C § 5101.60 - 5101.73, the county Adult Protective Services provider has the authority to petition Probate Court for various court orders which include temporary restraining orders, obstruction orders and orders authorizing the provision of protective services for the adult, when the adult has not consented to the provision of services, needs protective services, and is an incapacitated person. In the session, we will review the prosecutor’s role in providing legal consultation and representation to Adult Protective Services cases, standards of proof requirements, and strategies for effective collaborative interventions to protect elder abuse victims.
Sylvia M. Pla-Raith, Director
Elder Justice Unit – Consumer Protection Section
Ohio Attorney General Dave Yost
Judge Dixie Park
Stark County Probate Court
Nicole T. Coil, Prosecutor
Washington County
JC Elgin, Assistant Prosecuting Attorney - Civil Division
Richland County

2:30 - 2:45 Break

2:45 - 4:00 Liability Issues Associated with Bringing Snoopy to the Workplace
Animals and pets are becoming more and more prevalent in today’s world. Individuals are seen with their pets while traveling, shopping and dining out. It is becoming more common for either visitors to request to bring animals into public buildings and/or employees to bring their pets to work. Requests to bring a pet into the public workplace likely has legal implications. Therefore, this session will discuss a county’s obligation to allow an animal in the workplace. Additional legal issues arise in law enforcement with the use of a canine officer. As a result, the FLSA compensation obligations will be addressed.
Stephanie L. Schoolcraft, Associate
Fishel, Downey, Albrecht, Rippenhof, LLP

9:00 - 10:00 Employee Conduct Concerns During an Election Year: What to Learn from You’re Not Elected, Charlie Brown
Elections often bring about many concerns regarding employee conduct. 2020 is an election year that will likely bring about significant discussion on both a local, state, and national level. Because of the nature of the 2020 election, it is important for elected officeholders, department heads and employees to be advised of their legal obligations and responsibilities. Attendees will be presented information regarding issues that often arise during an election year.
Daniel A. Sabol, Associate
Fishel, Downey, Albrecht, Rippenhof, LLP

10:15 - 11:30 Advanced Issues with Discipline and the Application of the Brady Rule
With social media and today’s 24-hour news cycle, it is inevitable that employee misconduct will become high-profile. Employee discipline becomes even more difficult when it involves honesty, credibility, and integrity issues. Discipline for dishonesty becomes even more difficult for law enforcement personnel due to the presence of Brady lists. This session will address the legal considerations of preparing for a disciplinary matter that has achieved public notoriety; responding to unfavorable decisions; and, discussing whether arbitrators seem to care for Brady lists.
Benjamin S. Albrecht, Partner and
Grant J. Bacon, Associate
Fishel, Downey, Albrecht, Rippenhof, LLP

11:30- 12:00 What HR Issues Did We Learn During COVID-19?
Undoubtedly, the recent pandemic was an event that none of us have encountered. In addition to changing the way people interacted with one another, Ohio’s public employers were faced with addressing new realities in the workplace. This session will address some of the concerns that Ohio’s counties raised during the “stay at home” order.
Grant J. Bacon, Associate
Fishel, Downey, Albrecht, Rippenhof, LLP

CRIMINAL TRAINING

1:00 - 2:00 OPAA Legislative Update
The 133rd General Assembly has been, let’s say, interesting. It is only a little more than half over and the two most active periods are yet to come - the COVID19 delayed spring calendar that just started and lame duck starting after the general election. This presentation will discuss the environment on capitol square, and will include updates on recently enacted pieces of legislation and priority criminal justice legislation pending in the 133rd G.A.
Louis Tobin, Executive Director
Ohio Prosecuting Attorneys Association

2:00 - 2:15 Break

2:15 - 3:15 Legal Tools to Deal with Problem Liquor Establishments and Using the Ohio Investigative Unit
In this two-part program attendees will learn about the different legal approaches available in Ohio’s liquor laws to resolve an issue with liquor establishments in their county and legal recourses available. We will also look at the function of the Ohio Investigative Unit, an Enforcement Agent’s scope of authority, and get a better understanding of how OIU can aid local law enforcement agencies.
Paul Kulwinski, Assistant Division Counsel
Ohio Department of Commerce
Division of Liquor Control
Anne Vitale, Associate Legal Counsel
Ohio Department of Public Safety

3:15 – 4:00 Cyber Security Doesn’t Cost a King’s Ransom
Last year cyber attacks affected at least 2 county prosecutor’s offices in the State of Ohio, causing data loss, significant down time, and general havoc. This presentation will cover best practices for you and your staff to react to, or ideally prevent, cyber attacks on the county network by utilizing tools typically already available on your systems at no cost, or from outside vendors at little cost. We will talk about issues that can arise, dealing with active situations, and how the National Guard can be involved should your office or county be hit with a cyber attack.
Richard W. Kerwood, CW4
Chief Warrant Officer, US Army National Guard

WE HAVE APPLIED FOR 11.00 GENERAL CREDIT HOURS FOR THIS TRAINING FROM THE SUPREME COURT OF OHIO COMMISSION ON CONTINUING LEGAL EDUCATION