LEGAL REPRESENTATION BEFORE THE OHIO PAROLE BOARD
Since its founding in 1996, Kura & Wilford has been extensively involved in providing legal representation for clients in proceedings before the Ohio Parole Board. Although there is no right to an attorney in most Parole Board proceedings, the assistance of an experienced attorney who understands the system can be invaluable to the inmate and his/her family.
Kura & Wilford offers legal representation at three distinct junctures in the parole system:
(1) Representation at an upcoming panel release hearing:
Most parole release considerations begin with a parole release hearing conducted at a prison by a panel of the Parole Board, which generally includes one Parole Board Member and one Parole Hearing Officer. No person besides the inmate can be present for this hearing. Representation for a panel release hearing is focused upon indirectly influencing the panel’s consideration by two principal methods: (1) submission of written materials addressing issues under the Parole Board’s Release Guidelines and release factors set forth under the Ohio Administrative Rules which the Board is required to consider, and (2) appearance (with or without family members) at an inmate Family Conference which is scheduled the month prior to the panel release hearing, and which results in a summarized report of the Conference which is entered into the Parole Board’s computerized database and accessible by the panel members at the panel hearing.
Panel hearings can result in various dispositions. When retained for an upcoming parole hearing, Kura & Wilford provide legal representation for any future panel release hearing until the client is release from prison.
(2) Reconsideration requests:
Unfortunately, many times, contact with Kura & Wilford is made in the wake of an unsuccessful parole release hearing. Requesting reconsideration involves filing materials with the Parole Board seeking a vote of the Board to “rescind and rehear” a case. If the Board votes to rescind and rehear, the previous action is vacated and another panel release hearing is scheduled in 60 days.
The filing for a request for reconsideration requires a thorough knowledge of the facts of the case and history of prior parole proceedings. The goal is to identify the grounds for impeaching the factual foundation and resulting analysis and conclusions of the prior parole hearing decision, and presenting persuasive argument that the resulting parole decision was erroneous.
(3) Open Full Board Hearings:
Prior to the actual release of an inmate from prison pursuant to a grant of parole, Ohio law provides that any person may petition the Parole Board to challenge a decision to grant a parole to an inmate. The Board reviews the petition and generally orders the parole to be rescinded, and the case scheduled for an open hearing before the entire nine-person Parole Board in Columbus, Ohio
Open Full Board Hearings are unique, in that it is the only type of parole hearing where an inmate has the right to have legal representation, and other persons present at the hearing.
Although the inmate has no right to be present at the Open Full Board Hearing, his representatives do have a right to address the Board in behalf of the inmate’s parole. Following this presentation, the persons challenging the parole decision have a right to address the Board to present reasons the parole should be denied. Quite often, Parole Board Members will ask questions of the representatives of the parties. Although challenges may be made by any person, generally they are made by victims, victim’s representatives, prosecuting attorneys and other interested parties. Occasionally, medica representatives are present for the proceedings.
At the conclusion of the presentation of the parties and questioning by Board Members, the Parole Board adjourns into executive session to decide the case. The Board will then return to the hearing room to announce its decision.