The words “special delivery” were never truer.

On Wednesday, Jo Ellen Cline hand-delivered the final version of the proposed open-discovery amendment to the Ohio House and Senate.

Cline is government relations counsel for the Ohio Supreme Court.

“I’m a former public defender, so this is a big deal,” she said.

When open discovery becomes law on July 1, justice will no longer depend on geography in Ohio. I say “when” because I’m an eternal optimist. The open-discovery proposal is expected to clear the legislature with no problem.

Currently, some county prosecutors honor open discovery, but too many don’t. With open discovery, prosecutors will no longer be allowed to read police reports to defense attorneys in court. Attorneys will actually have access to vital records and reports so they can provide a better defense.

Open discovery wouldn’t have happened without Ohio Supreme Court Chief Justice Thomas Moyer. It is part of his legacy. He passed away on April 2. He was 70.

Moyer played behind-the-scenes roll
I wasn’t aware of his quiet but firm role in pushing for open discovery until Acting Chief Justice Paul Pfeifer called to tell me the justices of the Ohio Supreme Court gave their final unanimous approval last week.

“This is a big deal,” Pfeifer said.

Back in 1996, there was a push for open discovery in criminal cases, but the effort died in the legislature.

In 2004, I started pushing for open discovery in my columns. Readers sent 800 letters to the Ohio Supreme Court supporting it. The court voted it down, 4-3.

Two years ago, 10,000 readers signed petitions supporting open discovery and kept the movement going.

Moyer brought defense lawyers, prosecutors to the table
I never knew that behind the scenes Moyer met with prosecutors to encourage them to work with defense attorneys to craft a proposal that both sides could respect and honor—and get passed.

“Without his leadership,” Cline told me, “those initial meetings would never have happened. He got them to sit down at the table.”

Once they did, Moyer gave them a firm message: Get on board or get out of the way. He planned to fight for open discovery if he had to.

“This would not have happened without Tom Moyer’s unmistakable, extraordinary push,” Pfeifer said.

State Sen. Tim Grendell, a Chester Township Republican, also met with Moyer last year about open discovery. Grendell helped pass a Senate resolution urging support for open discovery.

“This is about justice, and justice is about truth,” Grendell told me.

Justice Moyer knew that better than anyone.

One of many forward-thinking reforms in justice system

It’s a credit to him that defense attorneys and prosecutors came together and hammered out a proposal. That team was headed by Ian Friedman, of Ian N. Friedman & Associates and immediate past president of the Ohio Association of Criminal Defense Lawyers, and by Nick Selvaggio, Champaign County prosecutor and immediate past president of the Ohio Prosecuting Attorneys Association.

The impact of Moyer’s work will be felt forever by all of us. Among the many tributes given to him was one by Justice Evelyn Lundberg Stratton, who said: “When he became chief justice, he not only brought great integrity to the bench, but he ushered in an era of forward-thinking reforms.”

Moyer championed drug courts, technology, arbitration and mediation. I want to add open discovery to that list.

In those tributes, Ohio Republican Party Chairman Kevin DeWine said that Moyer was “a true statesman” who restored the honor of the highest court and would always be remembered “by the thousands who loved and respected him as simply The Chief.”

Hail to the chief, and thanks.