LAKE
COUNTY
COMMON PLEAS COURT
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COMMON PLEAS COURT |
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Honorable Eugene A. Lucci Current Term: 01/06/07-01/05/13 (Law established this judgeship effective January 6, 2001) (440) 350-2100 Facsimile (440) 350-2210 Jury line (440) 350-2151 e-mail: judgelucci@lakecountyohio.gov Employment Lake County Common Pleas, General Division, judge since 2001 Administrative Judge* 2002, 2006 Technology committee chairman 2003-present Court House Security committee chairman 2003-present Practicing trial attorney 1980-2000 McNamara, Lucci, Hanrahan & Loxterman, Founding & Senior Partner 1983-2000 Detective (Special), Lake County Sheriff's Office 1994-2000 Acting Judge, Municipal Courts (Painesville & Mentor) 1988-2000 Police Officer, Painesville City Police Department 1977-1982 Police Officer, University Circle Police Department 1975-1977 Instructor, Lakeland Community College 1983-1998 Instructor, Ohio Peace Officer Training Academy 1983-present Instructor, Mentor Police Department 1988-1989 Arbitrator, Lake County Common Pleas Court 1982-2000 Licenses & Certifications Attorney & Counselor at Law, State of Ohio 1980 Attorney & Counselor at Law, State of Florida 1982 Admitted, U.S. District Court, Northern District of Ohio 1981 Admitted, U.S. Court of Appeals, Sixth Circuit 1985 Admitted, U.S. Supreme Court 1986 Ohio Peace Officer Certifications 1976, 1995 Science and Technology Fellow (Inaugural), ASTAR 2006 Education Fellow (Inaugural), Advanced Science and Technology Adjudication Resource (ASTAR) judge, 2006 Master of Judicial Studies degree candidate, University of Nevada, Reno, 2001-present Juris Doctor degree, Cleveland-Marshall College of Law, 1980 Bachelor of Arts degree, Case Western Reserve University, 1976 Memberships (Professional) American Bar Association member 1981-present; Judicial Division member 2001-present American Judges Association member 2001-present American Judicature Society member 2001-present Association of Trial Lawyers of America member 1981-2000; Judicial Fellow 2001-2006 ASTAR Project Oversight Committee 2006-present Buckeye State Sheriff's Association member 1995-2000 Cleveland Academy of Trial Attorneys member 1998-2000 Federal Bar Association member 1985-present The Florida Bar member 1982-present Fraternal Order of Police Lodge 90 member 1977-1982 The Justinian Forum member 2002-present Lake County Association of Chiefs of Police associate member 1999-2000; honorary member 2001-2006 Lake County Bar Association member 1980-present President 1989-1990 Vice President 1988-1989 Treasurer 1987-1988 Secretary 1986-1987 Trustee 1997-2000 Certified Grievance Committee 1990-2001; chairman 1999-2001 Continuing Legal Education Committee, chairman 1984-1986 Judicial Selection & Endorsement Committee, chairman 1993-1999 Medical-Legal Committee, chairman 1999-2000 Nominations Committee, member 1991-1996, chairman 1996 Law Explorer Post coordinator 1999-2001 Lake Erie College Legal Studies Advisory Committee, member & chairman 1991-present Lakeland Community College Corrections Advisory Board member 2001-present Paralegal Advisory Board member 1989-1997 Local Corrections Board of Lake County member 2001-present Northeast Ohio Community Alternative Program (N.E.O.C.A.P.) Judicial Corrections Board member 2001 & 2002, 2004-2006 Judicial Advisory Board member 2006 Northern Ohio Patrolmen's Benevolent Association member 1975-1978 Ohio Academy of Trial Lawyers member 1981-2000 Ohio Identification Officers Association member 1997-2000 Ohio Judicial Conference member 2001-present Mentor to newly-elected common pleas judges 2002-present Ohio Jury Instructions (OJI) Editorial Board member 2002-2007 Public Confidence in the Judiciary committee member 2003-present; chairman 2004-present Executive Committee member 2004-present Ohio Common Pleas Judges Association member 2001-present Governmental Committee member 2001-2002 Ohio State Bar Association member 1980-present Alternative Dispute Resolution mediator/arbitrator 1992-2000 Ohio Supreme Court Task Force on the Unauthorized Practice of Law member 1990-1994 Memberships (Community) Americans of Italian Heritage Club member Lake County Alcohol, Drug Addiction, Mental Health Services (ADAMHS) legal advisor 1989-1991 Lake County Bluecoats, Inc. member 1995-present Lake County Committee on Family Violence (Forbes House) board member 1988-1990 Lake County General Health District AIDS Advisory Board (chairman 1990-1992) member 1986-2001 Leadership Lake County, Inc. Class of 1988; member 1987-present Member, Board of Trustees 1998-present Chairman, Board of Trustees 2002-2004 First vice-chair, Board of Trustees 2000-2002 Second vice-chair, Board of Trustees 1998-2000 Alumni Association chairman 1997-1998 Northeastern Ohio Association of Regional Leadership Groups member 1999-present Mentor Area Chamber of Commerce member 2000-2001 Ohio High School Mock Trial judge 1992-present; regional competition co-coordinator 2002-present Parents Anonymous of Lake County board member & legal advisor 1983-1985 Rotary Club of Painesville, Ohio member 1982-present President 1988-1989 Chair of all committees 1985-1990 Paul Harris Fellow Specialized Environmental Living Facilities (SELF) / Hogan Properties board member 1985-1993 United Way of Lake County, Campaign Cabinet member 1997-2000 Bailiff/Jury Commissioner (440) 350-2097 Judge's Secretary (440) 350-2100 Judicial Staff Attorney (440) 350-2098 Judicial Staff Attorney/Office Administrator (440) 350-2094 Assignment Commissioner (440) 350-2095 Magistrate Mathew E. Spangler (440) 350-2648 00CV000923 - Tomba v Wickliffe (I) City’s motion for summary judgment was denied under the recreational user statute where the city’s picnic pavilion in a public park was not open to the public but rather was designated for use by residents only. 00CV000923 - Tomba v. Wickliffe (II) City’s motion for reconsideration was denied because the 1995 amendment to the recreational user statute – providing immunity to private landowners even if they do not hold their recreational land open to the public – does not apply to political subdivisions. 00CV001199 - Kelly v City of Mentor City was enjoined from banning plaintiff – the father of a peewee hockey participant – from the city’s civic center where, following an incident in another municipality in which plaintiff became unruly and profane in the presence of hockey youth in a locker room – the city imposed a five-year ban, without a hearing, claiming plaintiff violated a non-existent, zero-tolerance policy for post-game conduct. 00CV001234 - Miller v Hartford - Cincinnati's policy Where a corporation’s umbrella policy presents a detailed coverage plan that lists every conceivable category of legal person, including corporate employees acting within the scope of their duties, the policy’s definition of "who is an insured" is not ambiguous with respect to uninsured motorist coverage. 00CV001234 - Miller v Hartford - Hartford's policy Where a corporation’s liability policy defined "who is an insured" to include "you," and the named insureds consisted of several corporations and an individual, the policy was ambiguous. Therefore, Hartford’s underinsured motorist coverage applied to an off-duty employee who was injured while riding his own motorcycle. 00CV001494 - Johnston v. Johnston - order disposing all motions Allstate’s UIM coverage was properly excluded by both the "other-owned auto exclusion" and the "household exclusion," as authorized by H.B. 261. Cincinnati Insurance’s policy is governed by Scott-Pontzer analysis – and UIM coverage applies to an off-duty employee – where the named insured is a county board of commissioners. Westfield’s "escape clause" – excluding coverage where the vehicle has primary UIM coverage through another policy – is valid and applies because plaintiff is not thereby deprived of all insurance coverage. 00CV001494 - Johnston v Johnston - order granting Allstate's motion Allstate’s UIM coverage was properly excluded by both the "other-owned auto exclusion" and the "household exclusion," as authorized by H.B. 261. Cincinnati Insurance’s policy is governed by Scott-Pontzer analysis – and UIM coverage applies to an off-duty employee – where the named insured is a county board of commissioners. Westfield’s "escape clause" – excluding coverage where the vehicle has primary UIM coverage through another policy – is valid and applies because plaintiff is not thereby deprived of all insurance coverage. 01CR000392 - State v Freshwater In the absence of a particularized showing that tampering may have occurred and that an expert is required to examine original tape recordings, a defendant is not entitled to have the state pay for such an expert. Defendant’s pro se motion for new trial – based on allegations of prosecutorial misconduct in concealing exculpatory evidence – is deemed to be a motion for a finding of unavoidable prevention under Criminal Rule 33(B). Order granting Mentor's request for an at-grade crossing at Plaza Boulevard over CSXT and NSR railroad lines Order setting a hearing on the "taking" of railroad property by the city building a grade crossing 02CV000974 - George A. Young v. Richard Russ - summary judgment on media defamation case Order granting summary judgment in media defamation case brought against WKYC-TV3 and its reporters by a private individual Order finding defendants in contempt of court; ordering removal of portion of structure in violation, and fining the defendants Order granting summary judgment for defendant on a claim of gender discrimination involving employment status and compensation 03CV001269 - Perry Township Trustees v. James Marino - order in zoning violation Order finding zoning violations, and granting injunction and ordering removal of moto-cross or dirt bike track 03CR000393 - State of Ohio v. James A. Cross - order finding Ohio's sentencing scheme constitutional Order overruling defendant's constitutional challenge to Ohio's sentencing scheme under Apprendi and Blakely 04CR000754 - State of Ohio v. James F. May - order denying motion to suppress evidence Order denying the defendant's motion to suppress evidence of transporting 44 kilograms of marijuana Order forfeiting and disposing of real estate used to commit felonies of money laundering and corrupt activity in connection with bingo operations Order delineating private and public property and trust rights along the southerly shore of Lake Erie in Ohio, and defining the rights and responsibilities of landowners, the state of Ohio, and the public Law Day Article (The News-Herald, May 1, 2001).pdf Protecting the Best Interests of Children Jury Management (Lake Legal Views, May 1, 2002).pdf Judge Lucci's jury Management Style Law Day Article (The News-Herald, May 1, 2002).pdf How Can Laws Provide Security Without Threatening Treasured Freedoms? Jury Management (Lake Legal Views, May 1, 2003).pdf "Jury Innovations Pilot Project" Law Day Article (The News-Herald, May 1, 2003).pdf "Independent Courts Protect Our Liberties" National Police Week Speech (May 14, 2003).pdf "It's All About Attitude" Law Day Article (The News-Herald, May 1, 2004).pdf "The Judiciary's Problem?" - Judicial Activism Article, Part I (Lake Legal Views, May 1, 2004).pdf "Getting to Brown v. Board of Education Through Judicial Restraint" Article, Part II (Lake Legal Views, May 1, 2004).pdf "Brown v. Board of Education as if Written by Justice Harlan" Article (Judicature, July-August 2005, Vol. 89 No. 1) "The Case for Allowing Jurors to Submit Written Questions" SMART Board Technology (Lake Legal Views, May 1, 2006).pdf "New Technology in the Courthouse - SMART Board Interactive Whiteboard" Article (Lake Legal Views, May 1, 2007) Mid-term Evaluations of Judges National Honor Society Induction Speech Perry High School (April 9, 2008).pdf Creating a Code to Live By: Navigating Life Through Character, Service, Leadership, & Scholarship Article (Lake Legal Views, May 1, 2008).pdf WebEx: A Tool for Managing a Growing Docket Foreclosure Order of Procedure Sexually Oriented Offender Notice * Each year, the judges of the General Division elect an Administrative Judge from the judges of that division. The Administrative Judge has full responsibility and control over the administration, docket, and calendar of the General Division.
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Judge Eugene A. Lucci Lake County Court of Common Pleas, 47 North Park Place, P.O. Box 490, Painesville, Ohio 44077-0490; Main Tel. (440) 350-2500 |
