While court created rules, in terms of their impact on society, are often as important as judicial decisions or legislative acts, they are relatively unknown to the general public. Further, there is often no public input prior to their adoption. Rather, court rules are often promulgated with no opportunity for general public discussion. Judge Jack B. Weinstein recently called attention to such a lack of "public process" in federal court rulemaking and expressed the hope that others will "speak out so that the matter can be thoroughly debated." On the state level this factor is absent from most rulemaking promulgated by the Ohio Supreme Court, and this article will "speak out" on the need for injecting public process into the exercise of judicial rulemaking authority by that body.
Jeffrey A. Parness and Christopher C. Manthey,
Public Process and Ohio Supreme Court Rulemaking,
28 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol28/iss2/4