Public Comment Open on Proposed Rule Changes
The Supreme Court of Ohio has opened a 45-day period for public comment on proposed amendments to the Rules of Practice and Procedure in Ohio Courts.
The proposed amendments are related to the rights of victims of a crime found in Article I, Section 10a of the Ohio Constitution and Revised Code Chapter 2930, also known as “Marsy’s Law.”
The Commission on the Rules of Practice and Procedure conducted a comprehensive review of the rules to identify any changes that should be made to reflect the constitutional and statutory provisions for victims. The proposals include changes to the Rules of Appellate Procedure, the Rules of Civil Procedure, the Rules of Criminal Procedure, the Rules of Evidence, and the Rules of Juvenile Procedure.
Expedited Appeals and Notice of Suspension of Execution of Sentence
The proposed changes to the appellate rules will give victims notice before the court determines a motion for bail and suspension of execution of sentence. An amendment also covers the right to an interlocutory appeal for victims.
Victim’s Rights in the Criminal Rules
The ten proposed amendments to the criminal rules focus on the rights of victims to notice, the right to be heard, and updating definitions to reflect the Ohio Constitution and statutes dealing with victim’s rights.
Protection of Contact Information for Victims
Changes to Civ.R. 65 adds an additional requirement that a petitioner’s contact information be kept confidential in discovery in civil protection order cases. Previously, the rule just listed the “petitioner’s address.”
Evidence Rules
Rule 615 changes the term “alleged victim” to “victim” to reflect the constitutional and statutory meaning of the term.
Juvenile Procedure
Several amendments are proposed to the Juvenile Rules to procedurally incorporate the constitutional and statutory requirements regarding notice, the right to be heard, and other victim’s rights.
Comments should be submitted in writing before Oct. 21, 2024, to:
September Coyne
Legislative Counsel
Supreme Court of Ohio
65 S. Front St., 7th Floor
Columbus, OH 43215
or
ruleamendments@sc.ohio.gov