1/5/2001 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

FRIDAY

January 5, 2001

DISCIPLINARY DOCKET

00-587. In re Resignation of Schachleiter.
On affidavit of resignation from practice of law by Kenneth Thomas Schachleiter
and on report filed under seal by Disciplinary Counsel.

The resignation of Kenneth Thomas Schachleiter is accepted with
designation "disciplinary action pending."

00-2149. In re Banks.
On November 28, 2000, and pursuant to Gov.Bar R. V(5)(A)(3), the
Secretary of the Board of Commissioners on Grievances and Discipline of
the Supreme Court certified to the Supreme Court a certified copy of a
judgment entry of a felony conviction against Christopher David Banks, an
attorney licensed to practice law in the state of Ohio.

Upon consideration thereof and pursuant to Gov.Bar R. V(5)(A)(4), it
is ordered and decreed that Christopher David Banks, Attorney Registration
No. 0011686, last known address in Villa Hills, Kentucky, be, and hereby is,
suspended from the practice of law for an interim period, effective as of the
date of this entry.

IT IS FURTHER ORDERED that this matter be, and is hereby,
referred to the Cincinnati Bar Association for investigation and
commencement of disciplinary proceedings.

IT IS FURTHER ORDERED that Christopher David Banks
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, effective immediately, he be
forbidden to counsel or advise, or prepare legal instruments for others or in
any manner perform legal services for others.

IT IS FURTHER ORDERED that he 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, 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
professional conduct required by Gov.Bar R. X(3)(A)(1), for each six
months, or portion of six months, of the suspension.

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 this and all
other orders issued by this court; (3) respondent complies with the Supreme
Court Rules for the Government of the Bar of Ohio; and (4) this court orders
respondent reinstated.

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 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 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;
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2. Regardless of any fees or expenses due him, 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 his
possession or control;

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 such 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 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), that
publication be made as provided for in Gov.Bar R. V(8)(D)(2), and that
respondent bear the costs of publication.

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