Disciplinary Counsel v. Fortado - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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OFFICE OF DISCIPLINARY COUNSEL v. FORTADO.
[Cite as Disciplinary Counsel v. Fortado (1997), ___ Ohio St.3d ___.]

(No. 95-1665 -- Submitted and decided August 22, 1997.)

ON APPLICATION FOR REINSTATEMENT.

This cause came on for further consideration upon the filing of an
application for reinstatement by respondent Matthew Fortado, Attorney
Registration No. 0010597, last known address in Akron, Ohio.

The court coming now to consider its order of February 28, 1996, wherein
the court, pursuant to Gov.Bar R. V(6)(B)(3), suspended respondent for a period
of two years with one year stayed on conditions, finds that respondent has
substantially complied with that order and with the provisions of Gov.Bar R.
V(10)(A). Therefore,

IT IS ORDERED by this court that the second year of respondent's two-year
suspension be stayed and that he be placed on probation for one year on condition
that he continue to fulfill the terms of his Ohio Lawyers Assistance Program, Inc.
contract and that he be monitored by two attorneys, consistent with the opinion
rendered by this court on February 28, 1996, in this matter.

IT IS FURTHER ORDERED that within thirty days of the date of this
order, relator file with this court the names of the two attorneys who will monitor
respondent's probation. It is further ordered that at the end of the probation
period, relator file with this court a written report indicating whether respondent
has complied with the terms of probation.

IT IS FURTHER ORDERED that at the expiration of the probationary
period, respondent may apply for termination of probation pursuant to Gov.Bar R.
V(9), and that the probation shall not be terminated until (1) respondent complies
with the requirements for termination of probation; (2) relator files a written report

indicating that respondent complied with the terms of probation during his
probationary period; (3) respondent files with this court and with Disciplinary
Counsel a written statement from the Ohio Lawyers Assistance Program, Inc.,
confirming that he has fulfilled the terms of his OLAP contract during the term of
his probation; (4) respondent complies with this order and all other orders issued
by this court; (5) respondent complies with the Supreme Court Rules for the
Government of the Bar of Ohio; and (6) this court orders respondent's probation
terminated.

IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.

For earlier case, see Disciplinary Counsel v. Fortado (1996), 74 Ohio St.3d
604, 660 N.E.2d 1154.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.

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