Gounty of Hamilton
Court oF COMMON PLEAS
MUNICIPAL CouRT
1000 MAIN STREET ROOM 410
CINCINNATI, OHIO 45202-1217
on (019) D46-5008
ANDREW J, olLLEW
urteipaL Cour 208)
wa 9)
November 25, 2014
MIAEMAIL
__ iel Livingston
te
Re: Publie Records Request ~- Case No. B1400110/Juror Questionnaires
Dear Mr. Livingston:
‘This letter is in follow up to your public records request for “Juror Questionnaires
and responses provided by the jurors selected to serve on the jury in State v. Judge
Tracie Hunter, Case No. B-1400110.”
As I indicated in my previous letter, we referred your requést to the Hamilton
County Prosecuting Attorney's Office for review and guidance in responding to your
request in light of State ex rel, Beacon Journal Publishing Co. v. Bond, 98 Ohio St.3d
146, 2002-Ohio-7117, 781 N.E. 24 180, 184 (holding that juror names, addresses, and
questionnaire responses are not public records), Hamilton County Local R. 8(X)(c), and
in light of the Ohio Supreme Court’s 2009 adoption of Superintendence Rules 44-47
(governing public access to court records).
While the juror information you seck is not a public record under the Rules of
Superintendence for the Courts of Ohio pursuant to Bond, there may be a constitutional
right of access to the information.
Based upon the advice of our statutory attorney, we have recommended that the
Court conduct a hearing to balance any constitutional right of access against the privacy
rights of each individual juror pursuant to Bond and Local Rule 8(X)(c). If such a
hearing is deemed appropriate, the Court will serve notice on the jurors whose personal
identifying information may be disclosed as provided in Hamilton County Local R.
8K)(C).
Page 1 of 2Accordingly, the matter has been referred to the Honorable Norbert A. Nadel for
farther proceedings.
Sincerely,
Boe, low
Patrick X. Dressing, Esq.
ce: Hon, Norbert A, Nadel
Page 2 of 2