6/2/1998 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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#47540

SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

TUESDAY
June 2, 1998

ADMINISTRATIVE DOCKET

1. "The Report of the Committee to Review Ohio's
Disciplinary Process, Adopted as Amended by the Council of
Delegates, June 4, 1997" ("The Bell Commission Report") was
approved in part by the court, as stated in the following
table:

Supreme Court Action on Bell Commission Recommendations
1997 and 1998

Recommendatio
n Recommendation Court Action
Number &
Subject

CERTIFIED GRIEVANCE
COMMITTEES AND DISCIPLINARY
COUNSEL

1 Volunteer A dual system of certified Approved.
system grievance committees and a
centralized disciplinary
counsel should be preserved
and improved.

2 Standards In an effort to 2A Disapproved
for grievance professionalize the (must be at least
committees certified grievance 600 lawyers in the
committees and maintain area to be served
significant volunteer input by a certified
into the attorney grievance
disciplinary process, a committee).
certified grievance Decertification
committee should be review process to
authorized by the Board of be strengthened so
Commissioners on Grievance that committees
and Discipline to receive, that do not
investigate, and prosecute perform adequately
grievances only under be required to

[certain conditions, improve or be
including 600 attorneys in decertified.
the area; employing 2B amended and
professional bar counsel]. approved as
follows: "The
certified
grievance
committee must
name professional
bar counsel on
either a paid or
unpaid basis
....".
2C approved (only
one CGC for any
county, except
Recommendatio Cuyahoga).
n 2D approved (CGC
Number & can be formed by
Subject more than one bar
association).
2E approved (OSBA
to continue as a
CGC).
Recommendation 2F Disapproved
(existing CGCs do
not have to comply
with new
requirements).

Court Action

2G approved (CGCs
shall have at
least 15 members,
20% being
nonlawyers).
2H amended and
approved: CGCs
shall meet t least
quarterly.
2I approved(Costs
to meet standards
to be borne by
sponsoring bar
assn.).
2J approved
(complainants to
be advised of
option of using
Disciplinary
Counsel).
3 Membership The membership of a Approved.
of CGC certified grievance
committee should consist of
a minimum of twenty percent

non-attorneys. The majority
of the certified grievance
committee should consist of
attorneys admitted to the
practice of law in Ohio.
4 There should be Amended and
Requirements qualification requirements approved: members
for for membership on a of CGCs encouraged
membership on certified grievance (not required) to
CGC committee. attend periodic
seminars on ethics
subjects.
5 Rules of The Rules of Procedure for Disapproved; BCGD
Procedure for all certified grievance to recommend to
CGC committees in Ohio should be the Court uniform
uniform. Rules of Procedure
for CGCs.
6 Notice of When a certified grievance Approved.
dismissal to committee or Office of
respondent Disciplinary Counsel
dismisses a grievance at
intake, without further
investigation, the subject
attorney or judge should be
sent a copy of the dismissal
letter. Upon request, a
copy of the grievance should
also be provided.
7 Copy of The grievant should be Disapproved.
respondent's furnished a copy of the
reply to respondent's response,
grievant except when Disciplinary
Counsel or a certified
grievance committee
determines that there is
good reason not to furnish
the respondent's response.
Recommendatio
n Recommendation Court Action
Number &
Subject
8 The Supreme Court should Approved.
Investigators authorize the Disciplinary
to assist CGC Counsel to retain, on a part-
time hourly basis,
sufficient investigators who
may be called on by
certified grievance
committees to undertake
investigation of grievances.
9 CGC Certified grievance Consideration
expenses committees' expenses should completed by
be fully reimbursed, adopting interim
including bar counsel and Gov. Bar R.
paid staff, from the V(3)(D)(2) in Jan
Attorney Registration Fund. 1998 providing for
partial

reimbursement.
BOARD OF COMMISSIONERS ON
GRIEVANCES AND DISCIPLINE

10 Time The Board of Commissioners Approved.
guidelines should adopt and publish
for case time guidelines for the
disposition processing of a formal case
through panel hearing and
full Board review.
11 Discipline The Board of Commissioners Approved, provided
by consent should establish procedures that the
for discipline by consent in procedures are
matters that would result in subject to Court
a recommended sanction of approval.
public reprimand, a term of
suspension, or a term of
suspension coupled with
probation.
12 Minor The Board of Commissioners Disapproved.
misconduct should establish procedures
cases for the expedited processing
of cases involving minor
misconduct. These
procedures should indicate
what is not minor misconduct
and should include the
expedited processing of
these matters with a reduced
number of adjudications
before the Supreme Court of
Ohio.
13 Full Disciplinary recommendations Disapproved.
considera- and orders of the Board of
tion of all Commissioners should fully
ethical address the ethical issues
issues raised and be published.
14 BCGD Funding should be increased Consideration
member to the Board of completed in Jan
expenses Commissioners on Grievance 1998 by approval
and Discipline for all of budgets
reasonable and necessary supported by Atty
expenses incurred by members Registration funds
in connection with for 1998 and 1999.
attendance at hearings and
meetings.

ENFORCEMENT AND SANCTIONS

Recommendatio
n Recommendation Court Action
Number &
Subject
15 Interim An expedited procedure Approved, provided
remedial should be established for that judges be
orders the Supreme Court of Ohio to included.
issue interim remedial

orders to deal with an
attorney who poses an
immediate threat of serious
and substantial harm to the
public.
16 Insurance Insurance should be provided Approved;
for protection of monitoring Administrative
attorneys in probation Director to obtain
procedures. cost estimates.
17 Ethics The Court should establish Disapproved.
schools mandatory ethics schools for
attorneys and judges found
to be in violation of ethics
rules, as part of the
sanction and/or as a
condition of reinstatement.
18 Suspended A lawyer who is under Approved.
lawyer suspension should only be
working able to work for another
during time attorney if both the
of suspension suspended attorney and the
attorney employing the
suspended attorney register
with Disciplinary Counsel
and both agree the suspended
attorney will not engage in
the unauthorized practice of
law.

ADDITIONAL RECOMMENDATIONS

19 "Bridge New lawyers should be Approved.
the Gap" required to attend a "Bridge-
the-Gap" course of at least
twelve hours during their
first year in practice.

20 Pamphlets The Court should establish a Approved.
on fund sufficient to enable
disciplinary pamphlets describing the
process disciplinary process to be
sent to all libraries,
newspapers and television
stations, and any member of
the general public who might
request them. The Court and
bar associations should be
encouraged to distribute
such pamphlets to the
public.

Recommendatio
n Recommendation Court Action
Number &
Subject
21 Colorable The Court should reinstate Disapproved.
grievance the colorable grievance rule

rule with standards clarifying
the applicability of the
rule.

FINANCING

22 Funding of The Court should increase Consideration
disciplinary the funding of the completed in Jan
process disciplinary process in 1998 by approval
Ohio. of budgets
supported by Atty
Registration funds
for 1998 and 1999.

RECOMMENDATIONS FOR NO
CHANGE

Item 1 The point at which a matter Approved.
becomes public. (Matters
become public after probable
cause found for filing of
complaint.)
Item 2 Rules for the Government of Approved.
the Judiciary.
Item 3 The composition of the Board Approved.
of Commissioners on
Grievances and Discipline.
Item 4 The number of meetings of Approved.
the Board of Commissioners
on Grievances and
Discipline. (Board
currently meets six times
per year.)
Item 5 Permanent Disbarment. Approved.
Item 6 Indefinite and Definite Approved.
Suspension and Interim
Suspension.
Item 7 Public Reprimand. Approved.
Item 8 Expungement of Grievance Approved.
Matters. (Disciplinary
Counsel and grievance
committees not required to
expunge grievances.)

OTHER RECOMMENDATIONS

Issue Recommendation Court Action

Mandatory A special committee should Disapproved.
Malpractice be appointed to review the
Insurance subject of mandatory
malpractice insurance.

Periodic A committee should be Approved.
Review appointed every five years
to review the disciplinary

process.

2. The specialty areas of Business, Commercial and
Industrial Real Property Law, and Residential Real Property
Law were approved.

3. J. Michael Bernstein of the Ohio Association of
Magistrates was reappointed to the Judicial College Board of
Trustees.

4. Judge David Tobin was reappointed to the Board of
Commissioners on Character and Fitness.