Flood Advisory issued July 27 at 1:10PM EDT until July 27 at 4:15PM EDT by NWS Wilmington OH (details ...)
* WHAT...Flooding caused by excessive rainfall is expected.
* WHERE...The following counties, in west central Ohio, Auglaize and Mercer.
* WHEN...Until 415 PM EDT.
* IMPACTS...Minor flooding in low-lying and poor drainage areas.
* ADDITIONAL DETAILS... - At 110 PM EDT, radar indicated heavy rain due to thunderstorms. Minor flooding is ongoing or expected to begin shortly in the advisory area. Between 1 and 2 inches of rain have fallen. Additional rainfall amounts of 0.5 to 1 inch are possible. - Some locations that may experience flooding include... Coldwater, New Bremen, Minster, St. Henry, Fort Recovery, New Knoxville, Chickasaw, Montezuma, Carthagena and Maria Stein.
Flash Flood Warning issued July 27 at 1:08PM EDT until July 27 at 4:00PM EDT by NWS Wilmington OH (details ...)
FFWILN
The National Weather Service in Wilmington has issued a
* Flash Flood Warning for... West Central Auglaize County in west central Ohio... Northeastern Shelby County in west central Ohio...
* Until 400 PM EDT.
* At 108 PM EDT, trained weather spotters reported flash flooding across the warned area. Between 2.5 and 3.5 inches of rain have fallen. Additional rainfall amounts of 0.5 to 1.5 inches are possible.
HAZARD...Flash flooding caused by thunderstorms.
SOURCE...Trained spotters reported.
IMPACT...Flash flooding of small creeks and streams, urban areas, highways, streets and underpasses as well as other poor drainage and low-lying areas.
* Some locations that may experience flash flooding include... Anna, Jackson Center, Botkins, New Knoxville, Kettlersville, Montra, Mccartyville and Maplewood.
Special Weather Statement issued July 27 at 12:58PM EDT by NWS Wilmington OH (details ...)
At 1258 PM EDT, a strong thunderstorm was located near Anna, moving southeast at 20 mph.
HAZARD...Wind gusts up to 50 mph and very heavy rain.
SOURCE...Radar indicated.
IMPACT...Gusty winds could knock down tree limbs and blow around unsecured objects. Visibility will be poor and hydroplaning is possible.
Locations impacted include... Sidney, Minster, Anna, Fort Loramie, Jackson Center, Botkins, Hardin, Port Jefferson, Kettlersville, Montra, Newbern, Lake Loramie State Park, Maplewood, Mccartyville, Swanders, and Bloom Center.
This includes I-75 in Ohio between mile markers 87 and 107.
If outdoors, consider seeking shelter inside a sturdy building.
Motorists should slow down and use extra caution.
To report hazardous weather conditions, go to our website at weather.gov/iln and submit your report via social media, when you can do so safely.
Today 86° Today 86° likely 75° 75° chance Tomorrow 89° Tomorrow 89° slight chance 76° 76° slight chance
Friday, November 26th, 2021

Ohio Supreme Court justice: 'Apply strict letter of law'

By William Kincaid
Photo by William Kincaid/The Daily Standard

Ohio Supreme Court Justice Pat DeWine explains his judicial philosophy during a lecture at a meeting of the Celina Rotary Club.

CELINA - Ohio Supreme Court Justice Pat DeWine shared his judicial philosophy with Celina Rotarians this week, saying justices should act like umpires calling balls and strikes within the rules of an existing system, not make law.
DeWine, a Republican and one of seven Ohio Supreme Court justices, detailed how the state's high court operates as part of ongoing outreach to inform the electorate. He also discussed his approach to ruling on cases that come before the Supreme Court.
"I believe that a judge ought to strictly apply the letter of the law," he said. "Whatever's in front of us - whether it's the Constitution, whether it's a statute, whether it's a contract - I'm going to look at the plain language of that document, how that would have been understood to a person at the time it was written. I'm going to apply that meaning."
Other judges may, he said, take a broader view and be of the opinion that times change and documents evolve.
"To me, the problem with that kind of philosophy is that you're really just substituting your personal opinion about (what) the law should be for what it actually is and that's not our job," he said. "We're not legislators. We're not elected to make law."
DeWine also touched on the importance of the court issuing written opinions rather just announcing their decision on a case. For one, other courts can apply the same logic from the Supreme Court's written opinion to different sets of fact, DeWine said.
"Other courts in Ohio have to follow what we decide so they need to know not just how we came out but how we got there," he said.
Secondly, written opinions buttress legitimacy of the court, DeWine said. The presidency has the power of the sword to summon an army and the Legislature has the power of the purse to tax and spend.
"All the judiciary has is judgement," DeWine said. "If other branches of government didn't carry out our decisions, they would just be pieces of paper."
When selected to write a majority opinion, DeWine said he seeks to inspire confidence in the ruling.
"When I write an opinion I try to put myself in the place of the losing party," he explained. "They're not going to be happy about the result but I want them to at least see that this was something that was based on the rule of law and precedent and not just based on the whims of the individual judges."
DeWine also gave a primer on the Ohio Supreme Court's history and its relevancy to all Ohioans.
Ohio's seven Supreme Court justices are elected, not appointed.
"We're not like the federal judges," he said. "We're elected. Why is that? The reason for that goes back to the Ohio Constitution that we have today that was adopted in 1851."
Prior to the 1851 Constitution, justices were selected by the general assembly. Many Ohioans, he said, thought the judges were then too beholden to the Legislature.
The view that carried the day was that judges who were truly independent must be elected directly by and held accountable to the people, he said.
"We run every six years. If you don't like us you can throw us out of office, and I think that's a pretty good system," he said.
Though they previously ran without party labels, a Republican proposal approved earlier this summer requires party affiliations of the chief justice and associate justice candidates to be listed in the general election, according to The Associated Press.
The Ohio Supreme Court matters for numerous reasons.
"We hear a lot about federal courts but the reality is most cases are going to be heard in state court," DeWine said.
These are cases that affect everyday life, from the victims of crime, landlords and tenants to divorce proceedings and child custody, he pointed out.
"All those things are going to be heard in state court and in Ohio, the Ohio Supreme Court is going to set the precedent, essentially establish the rules that all the other courts in Ohio have to follow," he said.
Dewine said above all things, the most important function of the court is to protect the individual rights and freedoms guaranteed by the U.S. and the Ohio Constitution.
Constitutional rights would have no meaning without a court system that protects that when infringed upon by another branch of government, DeWine said.
"Think about the former Soviet Union. You can go pull up the Soviet Constitution. It was a very nice document. It guaranteed people all kinds of rights, in may ways rights that went well beyond what we have in this country," he said. "The problem was it was just a piece of paper because you had no independent judiciary, you had no one to step in when another branch of government infringed upon those rights."
The Ohio Supreme Court plays a critical role in ensuring a functioning economy as well, DeWine continued. Without clear legal rules and a legal system to protect contract- and property rights - such is the case in some third world countries - people would not want to invest or do business in such a place, he said.
Additionally, the courts nourish public safety as the law is ultimately enforced in its chambers.
"If you care about the safety of your neighborhoods you have to care about your courts," he said.
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