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Mike Fain

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Mike Fain

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Prior offices
Ohio Second District Court of Appeals

Education

Bachelor's

Yale College, 1968

Law

University of Pennsylvania Law School, 1972


Mike Fain was a judge on the Ohio Second District Court of Appeals.[1] He was elected to the court in 1986 and assumed office in early 1987.[2] Fain was re-elected to subsequent six-year terms in 1992, 1998, 2004, and 2010.[3] He did not run for re-election in 2016 because he reached the mandatory retirement age. He retired at the end of his term on February 10, 2017.

Education

Fain received his B.A. degree from Yale College in 1968 and his J.D. from the University of Pennsylvania Law School in 1972.[2]

Military service

Fain served in the U.S. Navy Reserve.[2]

Career

From 1973 until his election to the Ohio Second District Court of Appeals in 1986, Fain worked as an attorney in the general practice of law in Dayton, Ohio. He also previously worked as an adjunct professor at the University of Dayton Law School.[2][4]

Awards and associations

  • American Jurisprudence awards in Constitutional Law and in International Law, University of Pennsylvania Law School
  • Appellate Practice Committees, Dayton and Ohio State Bar Associations
  • Chief justice, Ohio Courts of Appeals Judges Association
  • Chair, Criminal Law and Procedure Committee of the Ohio Judicial Conference
  • Member, Supreme Court's Rules and Advisory Committee[2][4]

Elections

2010

Fain was re-elected to the Ohio Second District Court of Appeals without opposition. He ran unopposed in the Democratic primary election and in the general election on November 2, 2010.[5][6]

See also: Ohio judicial elections, 2010

Noteworthy cases

Court rules that domestic violence law does not apply to unmarried couples (2006)

See also: Ohio Second District Court of Appeals

Judge Fain wrote the majority opinion in a 2006 case that found the state's Defense of Marriage amendment in conflict with its domestic violence laws. The Ohio Second District Court of Appeals upheld the dismissal of charges against Karen S. Ward, who allegedly assaulted her boyfriend, with whom she lived. Because the two were not married, the court found that the domestic violence laws did not apply. This case was seen to have implications for same-sex couples who lived together but were not married, as well.[7] Judge Fain wrote:

The Defense of Marriage amendment is a part of the fundamental, organic law of Ohio.[8][9]

See also

Ohio Judicial Selection More Courts
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Courts in Ohio
Ohio District Courts of Appeals
Ohio Supreme Court
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Gubernatorial appointments
Judicial selection in Ohio
Federal courts
State courts
Local courts

External links

Footnotes