{¶ 1} Sua sponte, this cause is no longer held for the decision in 2010-1216, State ex rel. DeWine v. Burge, 128 Ohio St.3d 236, 2011-Ohio-235, 943 N.E.2d 535. {¶ 2} The judgment of the court of appeals is affirmed.
O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.