Overview of Proposed Changes to SDOH Local Rules

June 17, 2024

The U.S. District Court for the Southern District of Ohio has issued a notice of proposed changes to its Local Rules.

Because Durst Kerridge practices heavily in the SDOH, often as Ohio local counsel, we closely monitor such developments.

Practice in the SDOH is governed by the Federal Rules of Civil Procedure, the Court’s Local Civil and Criminal Rules and each Judge’s Standing Orders. The proposed changes, which have been approved by the Judges and are now subject to a notice-and-comment period, relate to Rule 83.2, which governs recording and broadcasting within the courthouse.

Here are the key details of the proposed changes to Rule 83.2:

Proposed Changes:

  1. Recording Policy: The revised rule permits Judges and Magistrate Judges to authorize recording, broadcasting, televising and photographing in limited enumerated circumstances and for certain enumerated purposes—whereas the current rule only permits these activities where the sitting Judge or Magistrate Judge is a participant in the audio streaming pilot program established by the Judicial Conference of the United States in March 2020 (JCUS-MAR 2020, p. 9). However, the proposed amended rule makes clear that “[it] does not create any right of any party or the public to live remote public audio access to any proceeding”—rather, it is entirely at the discretion of the Judge.

  2. Restricted Use of Recording Devices: The new amended Rule provides that cellphones and other personal electronic devices must be turned off upon entry to SDOH courthouses and placed in locked pouches provided by security officers. Larger devices that cannot fit in the supplied locked pouches may not be permitted, and visitors carrying such devices may be instructed to store them before entry. Exceptions are made to this rule for attorneys, jurors, Judicial officers, court staff, law enforcement, credentialed members of the press, attendees of naturalization ceremonies, and Courthouse tour participants. However, even exempted individuals must comply with the Court’s policies on recording, broadcasting, and photography.

  3. Dayton Courthouse Exception: Under the proposed amended Rule, the policy regarding device surrender may be modified in the Dayton Courthouse, particularly for non-court-related visitors, because the Dayton Courthouse also houses non-judicial agencies.

  4. Firearm Policies: The proposed amended Rule adds exceptions to the SDOH’s general rule that firearms and other dangerous weapons cannot be brought into SDOH Courthouses. The exceptions apply to employees of the United States Marshals Service, the United States Probation Office, the United States Federal Protective Services Offices, United States Pretrial Services, and federal and state law enforcement agencies.

For a detailed view of all the proposed changes, you can access the full redlined document here.

Effective Date

These amendments will be effective July 15, 2024.

Public Comment Period

Public comments must be submitted in writing and postmarked by Wednesday, July 10, 2024, at 11:59 p.m. and mailed to:

Alycia N. Broz, Esq.
Vorys, Sater, Seymour and Pease LLP
52 East Gay Street
Columbus, OH 43215

and

The Honorable Kimberly A. Jolson
United States District Court
Joseph P. Kinneary U.S. Courthouse
85 Marconi Boulevard, Room 200
Columbus, OH 43215

About Durst Kerridge

Durst Kerridge is an Ohio-based civil litigation boutique that practices extensively in the Southern District of Ohio. We are committed to staying at the forefront of new developments in the courts in which we practice, in order to provide the best representation possible. To schedule a consultation, call Durst Kerridge at (513) 621-4999 or contact Alex J. Durst or Paul R. Kerridge directly.

Alex J. Durst

Alex J. Durst is a civil trial attorney with over a decade of experience handling commercial and complex civil litigation matters on behalf of clients across a wide range of industries, with an emphasis on financial services litigation and high-dollar-value breach of contract claims.
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