July 1 Brings Rule Changes, New Probate Forms
Judges and court personnel should take note of several new rules and forms approved by the Ohio Supreme Court that become effective a month from today on July 1.
- An amendment to the Rules of Superintendence for the Courts of Ohio will mandate that local courts adopt rules to regulate the shackling of children appearing in court proceedings. Under Sup. R. 5.01, local restraint rules would create a presumption against shackling. However, local courts can restrain children on a case-by-case basis if a judge or magistrate finds on the record it is necessary because the child’s behavior is a significant threat or the child is at risk of fleeing. If the judge or magistrate finds that restraint is necessary, the least restrictive means must be used.
- New rules will provide further clarity regarding access to the judicial system for Ohioans who need foreign or sign language interpretation. The changes to Superintendence rules 80 and 87, and the addition of rule 89, will clarify that foreign language communication services are required for “ancillary court services,” other than a court or case function, with the type of service provided depending upon the significance and complexity of the situation. The new rules also add the designation “registered foreign language interpreters” for interpreters who’ve demonstrated language proficiency to interpret in a case or court function but aren’t certified by the Supreme Court because no certification exam exists.
- Amendments to the Rules for the Government of the Bar of Ohio will increase attorney fees to help fund legal aid. Pro hac vice registration fees, which out-of-state attorneys pay if they want to appear in an Ohio court proceeding, will increase from $150 to $300. In addition, the amendments implement a $50 voluntary “add on” fee to the biennial attorney registration. The $350 registration fee hasn’t been raised since 2007. The Supreme Court will use the money collected to help fund civil legal aid services for low-income or disadvantaged Ohioans. The Supreme Court’s Task Force on Access to Justice recommended the fee increases in 2015.
- New probate forms will facilitate the involuntary treatment of alcohol and drug abusers and permit someone applying for a name change to waive the public notice requirement under certain conditions. The new forms include Standard Probate Forms 26.0 through 26.14 (involuntary treatment) and Form 21.6 (name change).
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