Changes to Ohio Public Record law

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docachna
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Changes to Ohio Public Record law

Post by docachna »

Here's a Dayton law firm's summary of S.B. 321, which is effective Sept. 28th.

http://www.pselaw.com/2016/09/12/new-pr ... 4d8aea6ed6

In short, hiring a lawyer and bringing a mandamus action in Common Pleas Court is no longer the sole recourse for a person seeking public records. The new process allows the citizen to file a complaint with the Clerk of Courts in the county where the dispute arose, at a cost of only $25. (Not sure how the proper county of venue will be determined. Expect the State of Ohio to argue that every dispute arises at the state headquarters in Columbus, regardless of the county of residence of the claimant ??).

One would hope it would provide another alternative to the present system. I guess we shall see.
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Re: Changes to Ohio Public Record law

Post by BB62 »

VERY interesting. Thank you for that.
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MyWifeSaidYes
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Re: Changes to Ohio Public Record law

Post by MyWifeSaidYes »

Try the link without all the tracking nonsense:

http://www.pselaw.com/2016/09/12/new-pr ... s-disputes" onclick="window.open(this.href);return false;
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Re: Changes to Ohio Public Record law

Post by Brian D. »

I'm sure the courts in certain areas will catch on and comply quickly with the new law. Then, there will be the ones that still try to charge the old style high fees for the next decade. My way of saying I didn't see enforcement "teeth" in this new law.
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Re: Changes to Ohio Public Record law

Post by MyWifeSaidYes »

I'm more concerned with how long it's going to take for a case to be assigned to the Court of Claims.

Yes, once it gets there, a resolution will be reached within 7 days...but how long will it take to get there?
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docachna
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Re: Changes to Ohio Public Record law

Post by docachna »

MyWifeSaidYes wrote:Try the link without all the tracking nonsense:

http://www.pselaw.com/2016/09/12/new-pr ... s-disputes" onclick="window.open(this.href);return false;
Sorry - wasn't exactly sure quite how to do that.
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Re: Changes to Ohio Public Record law

Post by JediSkipdogg »

docachna wrote:Here's a Dayton law firm's summary of S.B. 321, which is effective Sept. 28th.

http://www.pselaw.com/2016/09/12/new-pr ... 4d8aea6ed6

In short, hiring a lawyer and bringing a mandamus action in Common Pleas Court is no longer the sole recourse for a person seeking public records. The new process allows the citizen to file a complaint with the Clerk of Courts in the county where the dispute arose, at a cost of only $25. (Not sure how the proper county of venue will be determined. Expect the State of Ohio to argue that every dispute arises at the state headquarters in Columbus, regardless of the county of residence of the claimant ??).

One would hope it would provide another alternative to the present system. I guess we shall see.
I just took a class on this today and it is held in Columbus but they do offer a telephone hearing option. They have appointed one person at the statehouse to handle all of these cases. Really, we had this path all along through the AG office via free mediation, they simply moved it to the statehouse and made it a legal case now. If either cases wishes to appeal after the special master (equal to a magistrate) rules, they can still do so starting at the county level where they live and work their way up. I do not believe they are given the option of jumping levels such as they are with an initial court filing (where they can start at the Ohio Supreme Court if they way.)
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I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
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