4/4/1997 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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5
04/04/97

SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

FRIDAY
April 4, 1997

DISCIPLINARY DOCKET

94-1375. Cincinnati Bar Assn. v. Wolosin.
On March 22, 1995, this court suspended respondent,
Gary E. Wolosin, a.k.a. Gary Ellis Wolosin, for two years, and
stayed the suspension and placed respondent on probation for two
years, on conditions. On December 18, 1996, a panel of the Board
of Commissioners on Grievances and Discipline filed its certified
report in this court in accordance with Gov.Bar R. V(9)(H),
recommending that the Supreme Court immediately revoke the
probation of respondent and reinstate the sanctions imposed on
March 22, 1995. On January 24, 1997, respondent filed a motion
to decertify and return matter to the panel of the Board of
Commissioners on Grievances and Discipline. On January 31, 1997,
this court, pursuant to Gov.Bar R. V(9)(J), issued an order to
show cause why the panel recommendation should not be confirmed.
Respondent did not file objections. Upon consideration thereof,
IT IS ORDERED AND ADJUDGED by this court that pursuant
to Gov.Bar R. V(9)(K), the probation of respondent, Gary E.
Wolosin, a.k.a. Gary Ellis Wolosin, Attorney Registration No.
0008072, last known business address in Cincinnati, Ohio, be
revoked and the original two-year suspension be reinstated
immediately. It is further ordered that respondent's motion to
decertify be, and is, hereby, denied.
IT IS FURTHER ORDERED that the respondent, Gary E.
Wolosin, a.k.a. Gary Ellis Wolosin, immediately cease and desist
from the practice of law in any form and is hereby forbidden to
appear on behalf of another before any court, judge, commission,
board, administrative agency, or other public authority.
IT IS FURTHER ORDERED that respondent is hereby
forbidden to counsel or advise or prepare legal instruments for
others or in any manner perform such services.
IT IS FURTHER ORDERED that respondent is hereby
divested of each, any and all of the rights, privileges and
prerogatives customarily accorded to a member in good standing of
the legal profession of Ohio.
IT IS FURTHER ORDERED that respondent surrender his
certificate of admission to practice to the Clerk of this court
on or before thirty days from the date of this order, and that
his name be stricken from the roll of attorneys maintained by

this court.
IT IS FURTHER ORDERED that respondent be taxed the
costs of these proceedings in the amount of $1,154.73, which
costs shall be payable to this court by certified check or money
order on or before ninety days from the date of this order. It
is further ordered that if these costs are not paid in full on or
before ninety days from the date of this order, interest at the
rate of ten percent per annum shall accrue as of ninety days from
the date of this order, on the balance of unpaid board costs. It
is further ordered that respondent may not apply for
reinstatement until such time as he pays his costs in full,
including any accrued interest.
IT IS FURTHER ORDERED that, pursuant to Gov.Bar R.
X(3)(G), respondent shall complete one credit hour of continuing
legal education for each month, or portion of a month, of the
suspension. As part of the total credit hours of continuing
legal education required by Gov.Bar R. X(3)(G), respondent shall
complete one credit hour of instruction related to ethics and
professional responsibility, including instruction on substance
abuse, for each six months, or portion of six months, of the
suspension.
IT IS FURTHER ORDERED, sua sponte, by the court, that
within ninety days of the date of this order, respondent shall
reimburse any amounts that have been awarded against the
respondent by the Clients' Security Fund pursuant to Gov.Bar R.
VIII(7)(F). It is further ordered, sua sponte, by the court that
if, after the date of this order, the Clients' Security Fund
awards any amount against the respondent pursuant to Gov.Bar R.
VIII(7)(F), the respondent shall reimburse that amount to the
Clients' Security Fund within ninety days of the notice of such
award.
IT IS FURTHER ORDERED that respondent shall not be
reinstated to the practice of law in Ohio until (1) respondent
complies with the requirements for reinstatement set forth in the
Supreme Court Rules for the Government of the Bar of Ohio; (2)
respondent complies with the Supreme Court Rules for the
Government of the Bar of Ohio; (3) respondent complies with this
and all other orders of the court; and (4) this court orders
respondent reinstated.
IT IS FURTHER ORDERED that on or before thirty days
from the date of this order, respondent shall:
1. Notify all clients being
represented in pending matters and any co-counsel of his
suspension and his consequent disqualification to act as an
attorney after the effective date of this order and, in the
absence of co-counsel, also notify the clients to seek legal
service elsewhere, calling attention to any urgency in seeking
the substitution of another attorney in his place;
2. Regardless of any fees or
expenses due respondent, deliver to all clients being represented
in pending matters any papers or other property pertaining to the
client, or notify the clients or co-counsel, if any, of a
suitable time and place where the papers or other property may be
obtained, calling attention to any urgency for obtaining such
papers or other property;
3. Refund any part of any fees or
expenses paid in advance that are unearned or not paid, and

account for any trust money or property in the possession or
control of respondent;
4. Notify opposing counsel in
pending litigation or, in the absence of counsel, the adverse
parties, of his disqualification to act as an attorney after the
effective date of this order, and file a notice of
disqualification of respondent with the court or agency before
which the litigation is pending for inclusion in the respective
file or files;
5. Send all notices required by
this order by certified mail with a return address where
communications may thereafter be directed to respondent;
6. File with the Clerk of this
court and the Disciplinary Counsel of the Supreme Court an
affidavit showing compliance with this order, showing proof of
service of notices required herein, and setting forth the address
where the affiant may receive communications; and

7. Retain and maintain a record of
the various steps taken by respondent pursuant to this order.
IT IS FURTHER ORDERED that on or before thirty days
from the date of this order, respondent surrender his attorney
registration card for the l995-1997 biennium.
IT IS FURTHER ORDERED that respondent shall keep the
Clerk, the Cincinnati Bar Association, and the Disciplinary
Counsel advised of any change of address where respondent may
receive communications.
IT IS FURTHER ORDERED, sua sponte, that all documents
filed with this court in this case shall meet the filing
requirements set forth in the Rules of Practice of the Supreme
Court of Ohio, including requirements as to form, number, and
timeliness of filings.
IT IS FURTHER ORDERED, sua sponte, that service shall
be deemed made on respondent by sending this order, and all other
orders in this case, by certified mail to the most recent address
respondent has given to the Attorney Registration Office.
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) and 9(I), that publication be made as provided for
in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs of
publication.
F.E. Sweeney, J., dissents in part to the denial of the
motion to decertify.

96-2495. In re Judicial Campaign Complaint Against Hildebrandt.
This matter is pending before the court upon
respondent's notice of appeal from the January 27, 1997 order of
the Commission of Judges. On March 3, 1997, respondent filed a
motion to supplement the record and a request for oral argument.
Upon consideration thereof,
IT IS ORDERED by the court that the motion to
supplement the record be, and is, hereby, granted. It is further
ordered that the request for oral argument be, and is, hereby,
granted.
Douglas, J., not participating.

96-2495. In re Judicial Campaign Complaint Against Hildebrandt.

This matter is pending before the court upon
respondent's notice of appeal from the January 27, 1997 order of
the Commission of Judges. On March 3, 1997, respondent filed
objections to the order of the Commission of Judges and his brief
in support, and on March 18, 1997, complainant filed a merit
brief in opposition to respondent's objections. On March 25,
1997, respondent filed a motion for leave to file a reply brief.
Upon consideration thereof,
IT IS ORDERED by the court that the motion for leave to
file a reply brief be, and is, hereby, denied for want of four
votes on the following vote:
Moyer, C.J., Resnick and Cook, JJ., vote to deny.
F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., vote
to grant.
Douglas, J., not participating.
It is further ordered, sua sponte, that respondent's
reply brief filed March 25, 1997, be stricken.
Douglas, J., not participating.