Buckeye Reporter

The Buckeye Institute has submitted a proposal to amend the Ohio Supreme Court's Rules of Practice, specifically Rule 7.06. The proposed change aims to extend the deadline for filing amicus briefs supporting jurisdiction from one day to thirty days after the appellant's deadline for submitting a memorandum in support of jurisdiction.

This amendment seeks to align Ohio's timeline with that of the United States Supreme Court at the certiorari stage. According to The Buckeye Institute, this adjustment would aid the court in identifying cases of significant public interest. "Amicus curiae briefs play an important role in the judicial system," states The Buckeye Institute, emphasizing their value even though fewer amici participate per case at state courts compared to federal courts.

The current rule requires interested parties to file amicus briefs no later than one day after the appellant’s deadline, which can be challenging due to time constraints and limited information availability. This often restricts parties who are not directly involved with the appealing party from contributing effectively at this stage.

The proposed amendment is designed to allow more time for interested parties to become aware of appeals and prepare their submissions adequately. This change is considered necessary because jurisdictional appeals are typically reported more widely than opinions from district courts. The additional time would enable broader participation by amici, thereby enriching the court's understanding of cases deemed as involving "a question of public or great general interest."

Robert Alt, President and CEO of The Buckeye Institute, along with David C. Tryon, Director of Litigation at the institute, have urged the Ohio Supreme Court to adopt this amendment. They argue that it would benefit not only the court but also Ohioans by providing them greater opportunity to express which cases they find important.