church-lawyer

[church-lawyer]

Faith, Family and a Return to Brown County

It was the spring of 1995. I was a twenty-four-year-old seminary student driving up Route 68 through Paris and Maysville, Kentucky, headed for Brown County and an interview to become the Pastor of Decatur and Mount Olivet United Methodist Churches. Growing up in the shadows of Atlantic City, the Big Red Machine was all I knew about the area.

When I first turned my car onto Russellville-Winchester Road, those who have become so dear to me and I, myself, had no idea that the first meeting would be so important.  That night my destination was Richard “Butch” Arn’s house.

Butch had agreed to be the head of the search committee for the new pastor. I was to meet with him and his family before we headed to meet the rest of the gathered faithful.  Butch is one of the greatest men I have ever met. Still, I wonder if he would have even opened the door on that night if he knew that only three years later, in June of 1998, I would marry his daughter and leave with her to return to my native New Jersey.

I remember the preceding three years living across from the church in Decatur as some of the best of my life. Making good friends, serving on the Township Fire Company, helping round up funding for basketball and volleyball courts, enduring the unimaginable floods of early March in 1997, working on and learning about the rhythms of farm life and how they compared to my growing up crabbing, clamming, and fishing the back bays and ocean around Atlantic City, New Jersey, killing coyotes, nights at the dirt track with my neighbors, and so many more memories came back and made their way into stories and sermons over the next twenty-odd years.

After a few years in the full-time pulpit and three in administration at Circleville Bible College, I found myself at a hinge-point in my life where I decided to pursue a law degree in my last months at Circleville.

Over the years, many people have asked me how I can be both an attorney and a pastor.  It seems the point of their question is, “are these two careers compatible?” I sometimes point out that many claim the Apostle Paul, author of a large portion of our New Testament, was an attorney – or at least a form of prosecutor for a portion of his life.  Of course, lawyers two thousand years ago were very different.  Well, reading about Paul, maybe not that different.

I have never believed working as an attorney and as a pastor are incompatible.  I see them both as wonderful opportunities to serve.  People who find themselves in very tough situations often turn to their minister, lawyer, and doctor.  I don’t do well around blood and needles, so I will leave the third of these professions to someone else’s calling.  As a former prosecutor, I found many opportunities to speak light, hope, and truth into people’s lives. These times were often in one of the worst moments of their life.  I had an opportunity to speak hope to them while participating in delivering justice.

But I have not given up on sharing the gospel whenever afforded the opportunity.  During law school and before my children were born, I spent summers traveling to preach at camp meetings. A bible study held in our home turned into a fourteen-year adventure serving as the founding pastor of Crossroads Community Church of Indian Mills, New Jersey. Then, I felt God call my family back to the farm in Brown County to be closer to my wife’s family.

It has not been the easiest of transitions, saying goodbye to a fulfilling and often thriving law practice in New Jersey, to my own parents and family, and especially to a church family that grew up with me over those fourteen years.

On returning, we found a place to hang a shingle and the opportunity to partner up with some great attorneys, Yonas and Rink, looking to move back to the Brown County area.  John Yonas and his wife are Western Brown graduates. God put us together while I was moving back and he was looking to expand back into his hometown area from downtown Cincinnati.  Having the ability to work with their firm and American Homeland Title helped me get on my feet during this transition. God knew what I needed and delivered on time, as he always has.

It has been an adventure returning to Brown County with a wife and three children.  We enjoy time on the farm and the small-town life of Sardinia. I get to walk my children a couple of blocks each day to Brown County Christian School, sometimes preaching a chapel or substitute teaching. Having old friends invite me to share about Christ at their churches and meeting new people as I travel the county has also been a wonderful encouragement.

In his poem, “The Road Not Taken,” Robert Frost speaks about coming to a fork in the road one morning and trying to decide which way was better.  He writes, “And both that morning equally lay. In leaves no step had trodden black. Oh, I kept the first for another day! Yet knowing how way leads on to way, I doubted if I should ever come back.” During my late teens, I chose seminary over law school thinking I was shutting a door on a career in the law.  God reopened it a few years later. Twenty-two years ago, I left Brown County thinking I would never return. God opened the way. Unlike with Frost’s prediction, I have been able to take both roads a few times in my life when God brought me back around.

A lot has changed in the last twenty-five years since I first turned my old car onto Russellville-Winchester Road. Decatur and Mount Olivet are no longer United Methodist Churches but continue to share the gospel and serve as important parts of our community. Read more..

[church-lawyer]

Domestic Violence from a Former Prosecutor’s Perspective

Domestic Violence calls are some of the most dangerous to carry out in an officer’s commitment to protect and serve.

Early in my career, I served as a prosecutor for several towns in New Jersey and regularly would have to handle domestic violence cases.  Many times, by the time they came to see me the parties had calmed down and one or both, wanted to drop the charges against the other and “forget the whole thing”.

I would think to myself that I was getting a very well-behaved version of the two or more people in front of me.  They had time to process whatever made emotional to the point of lunacy in some cases.  They had time to ponder the issue and the result of the police being called.  Now they were scared and wanted to sweep it under the rug.

But when people act irrationally and violently, even if they get the chance to calm down later, there is a price to pay.  That price is often unanticipated.

I remember a young New Jersey trooper five years ago who was responding to a domestic violence call in rural southern New Jersey where I used to live.  It was a rainy morning and he had to get to the scene fast.  Someone was scared, someone was maybe being beaten and might lose their life.  The trooper put his own life at risk by driving as fast as he thought he could to the scene.  He made a miscalculation and slid into a telephone pole, losing his life in the accident.

Trooper Eli McCarson’s bride lost her husband of four months.  The call was for a juvenile in distress.  The issue was later resolved.  I don’t know what happened to the juvenile.  I know what happened to the trooper.  Mrs. McCarson cannot forget the whole thing, even if those in the house that day who needed help might be able to.

When people used to tell me, they wanted to forget the whole thing I would ask one of the troopers assigned to our Court to step in and then would ask them if they would not mind showing the defendants what was under their hat.  Most state troopers I know tape a picture of their loved ones under their hats.  Seeing these pictures I hope helped people to reflect on the ways domestic violence impacts more than just themselves.

By definition, domestic violence includes “any act or threat of serious physical harm against a member of your family or household.”  Domestic violence rates in Ohio soared in 2018, with a total of 65,845 total victims, according to the Ohio Attorney General. Domestic violence scenes are often filled with chaos, including yelling, physical injuries, and property damage, and can be volatile for police officers entering the scene. Because domestic violence scenes can be unpredictable and threatening, police officers in Ohio have protocols they are trained in to help at domestic violence scenes. Read more..

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I Was Called as a Juror, Now What?

You might look back on childhood and fondly remember how exciting it was to receive mail. Well, as an adult, the correspondences you receive are typically not that thrilling. One of the most dreaded pieces of mail you might get is a summons for jury duty. This is when you are called to serve on the jury of an upcoming trial. If this is the case for you, don’t panic. There are simple steps to ensure that your experience is successful or that your excuse for not attending is submitted effectively.

You need to respond to your summons in an expedient manner. Failing to reply can result in jail time. If you have a conflict that prevents you from serving during the specified dates, you can request your service to be postponed or explain why you do not have the availability to serve at all. Excusable reasons include, but are not limited to, lack of childcare, medical issues, student status, military conflict, or financial hardship. Fill out the proper forms that have arrived with your summons and include any other evidence to support your claim for dismissal. Be sure you are truthful in any reasoning you claim for inability to serve because you can be held in contempt of court for lying. This leads to fines or even prison time. Employers must allow you to be absent from work whenever you are summoned for jury duty. Though they can’t fire you for taking off, they can dock your pay. When you serve on a jury, the state may compensate you for each day you are present.

When you arrive on your day to serve, you’ll enter the courthouse and wait with other possible jurors in an assembly room. You’ll be given all the information you need to understand the process and might even watch a short video regarding jury selection and trial procedures. After this, your name might be called to enter a specific courtroom. If you don’t get called on the first day, you must return the preceding days specified in your summons until you are called.

Once called, the judge provides an overview of the case. Voir dire then occurs. This is where the judge and attorneys will assess your ability to remain unbiased and uncover any conflicts of interest. The case will end up with a total of twelve jurors and a few extra to serve as alternates in case someone is dismissed from serving during any point in the trial.

After the jury is compiled, the trial will begin. You will be expected to pay close attention to both sides’ testimonies and evidence to support your decision. The proceedings may take just a few hours, several days, or even months to conclude. Read more..

[church-lawyer]

Ohio Landlords: What to Know

Congratulations! You’ve saved and invested. You’ve bought a rental property, cleaned and painted, and you are ready to lease a property to your first tenant. Before you begin to meet and interview tenants, you should be aware of the laws that will affect your relationship with your new tenants.

Remember these are general facts about what a landlord needs to do.  Every case is different.  This is one key area of the law where you need an attorney to help you or you will likely pay a dear price later on!

 The Fair Housing Act

The Fair Housing Act states that you cannot discriminate against any potential tenants based on race, color, sex, the nation of origin, religion, handicap, or family status. States and local governments may also add other categories, such as the tenant’s source of income. The Fair Housing Act lists out that based on the above categories, a landlord cannot refuse to rent a house, set different terms of the lease, provide various landlord services or facilities, or deny that housing is available. The Fair Housing Act does not apply to any owner-occupied buildings, housing in private clubs or single-family housing rented without a broker, or housing for older persons by age (65+, retirement homes).

The Fair Credit Reporting Act

You found a tenant you are interested in leasing your property to. The tenant’s application should come with a credit report to help you evaluate the application. The credit report will also help you to understand the potential tenant’s other financial commitments (i.e., if the tenant will be able to pay rent every month).

As a landlord, it is your right to use credit reports for this purpose, however, if you choose to deny a lease to a tenant/applicant, you are required by law to provide the applicant with a notice that states the name of the credit reporting agency used, along with a telephone and address. The statement also has to include that the credit reporting agency did not make the decision, the landlord (you) did and that the potential tenant has the right to dispute any information provided

The Implied Warranty of Habitability

As a landlord, you agree to provide a tenant with a space that is livable or habitable. That means that any area you are leasing must have heat, running water, hot water, plumbing, and electricity. You must also provide grounds around your lease site that is free of trash, rodents, and pests. If the above conditions are not met, your tenant has the right not to pay rent or to terminate their lease. Your tenant also has the right to have repairs made to the leased site promptly.

The Mutual Covenant of Quiet Enjoyment

When a tenant leases your space, they have the right to (mostly) undisturbed living. This means that you cannot enter your leased property at your whim. Laws state that landlords can enter a property if there is an emergency that is a threat to the property or to life. If the resident gives you permission, you may enter the property to perform repairs, show the unit, or inspect the unit.

State Security Deposit Rules

Security deposits are often the source of legal action for landlords. So, here are a few state security deposit rule tips:

1.    Follow your state’s laws (i.e., obey laws for how a security deposit is stored, be clear on how the security deposit can be used, know when and how the remainder of a security deposit is to be returned to a tenant and always provide an invoice of items charged to security deposit). Ohio has very specific rules about security deposits.

2.    Always have a move-in/move-out checklist for tenants and be sure to take pictures of every room on the day of move-in and move-out.

3.    Keep all receipts for every cost incurred.

Residential Lead-Based Paint Hazard Reduction Act

Was your rental property built before 1978? Lead-based paint is a real concern, and the Environmental Protection Agency banned it long ago. Here is what you need to know about leasing a property built before 1978:

1.    Be sure you mention any reports of lead paint completed on your property.

2.    Give renters the EPA pamphlets “Protect Your Family From Lead in Your Home” and “The Lead-Safe Certified Guide to Renovate Right.”

3.    Include specific warning language in the lease as well as signed statements from all parties verifying that all requirements were completed.

State Required Disclosures

Lead-based paint isn’t the only hazard that must be disclosed by a landlord. Many states ask that landlords also disclose any environmental hazards, flooding risks, security deposits policies and procedures, nonrefundable fees, smoke detector locations, smoke detector maintenance, any nearby military or army bases, policies on smoking, and utility arrangements. Finally, all of your tenants should have the name of their landlord and property manager with accompanying phone numbers and contact information.

State Landlord-Tenant Act

Ohio’s State Landlord-Tenant Act is located at 5321 of the Ohio Revised Code. Section 5321.04 describes the landlord’s obligations and anyone who is or is thinking about becoming a landlord should go there first and make sure they understand and can comply with the requirements they find therein.

Eviction Rules & Procedures

When emotions become frayed due to unpaid rent or dishonest tenant communication, it is crucial that you follow your state’s laws regarding eviction. First, make sure you have legal grounds to evict the tenant. Second, let your tenant know that you plan to file for eviction, give them notice of the reasons why you are filing, and a notice of how long they have to fix the issue before you file. After the deadline has passed for fixing the problem, file for eviction of the tenant at the courthouse. If the court rules in your favor and the tenant does not move out by the specified date, it is then time to call the police to handle the eviction.

Mitigation of Damages

If a tenant chooses to move out before the end of their lease, the tenant must continue to pay rent until the end of the lease term. However, it is also the landlord’s duty to lessen the resident’s losses by trying to rent out space to another new tenant. Thus, the landlord must be able to show attempts to re-rent the property, such as advertisements, dates, and times the property was shown to potential tenants, and any applicants that were screened. Read more..

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Tenants: What You Need to Know

Renting a space to live can be an exciting milestone in life. However, difficult landlords in the rental market are not uncommon. In the rental market, knowledge is power. Knowing your rights as a tenant can save you from bad leases and some major headaches.

Envision the apartment of your dreams. Hardwood floors, natural lighting, stainless steel appliances, en suite bathrooms, complete with a laundry room in your unit. You’ve toured it. You love it. It’s yours for the leasing. Move-in day arrives, you move in your last box, sit down on your couch, and that’s when you hear it. You moved in next door to a loud heavy metal band with what sounds like a wolf howling nonstop.

What do you do? Who do you call? You just signed a one-year lease (we hope you read it before signing). What are your rights?

Your rights are dependent on federal laws, state laws, and local laws, but here are the basics of tenant rights:

The Right to Fair Treatment & No Discrimination

A federal law called the Fair Housing Act states that landlords must treat each tenant fairly and cannot “discriminate against current or prospective tenants on the basis of their race, gender, familial status, religion, ethnicity, national origin, or disability.”

The Right to a Habitable Home

Landlords must rent you a house or apartment that is safe to be lived in. You have the right to have hot water, running water, electricity, and a space that is free from infestations of pests and rodents. City ordinances also usually require certain quiet hours and provide a non-emergency number to call if noise is a problem during these hours.

The Right to Timely Repairs & Maintenance

Your landlord must maintain the rental property described in your lease terms. The landlord has the option to repair the problem or can ask you to correct the problem, provide a receipt, and have that amount deducted from your rent. If you, the tenant, refuse to repair the problem, the landlord is still required to fix the problem in your unit.

Security Deposit Rights

The majority of landlords require a security deposit before a lease is complete. The security deposit is used to pay for any repairs or cleaning needed at the end of your lease term. Additional deposits may be required by the landlord for pets and other liabilities. Your security deposit rights include the right to be informed of how your security deposit is used when your lease ends and how quickly remaining deposit amounts are returned. Check your state laws and local laws for more on your security deposit rights.

The Right to Privacy

Every tenant has the right to privacy in their rented space. A landlord should always give advance notice (24 hours) of entering the premises for repairs, safety checks, and pest control.

Every tenant also has reasonable rights to personal information privacy. However, landlords do have the right to conduct a background check and credit check before leasing. They also have a right to enter your property in case of an emergency and to show your unit to prospective renters (if advanced notice is given).

Read more..