05/09/2002 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 05/09/2002 Case Announcements, 95 Ohio St.3d , 2002-Ohio-2201.]
The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

May 9, 2002

MERIT DECISIONS WITHOUT OPINIONS

2002-0251. In re Application of John Doe.
Board of Commissioners on Character and Fitness, No. 198. On February 8, 2002,
the Board of Commissioners on Character and Fitness filed its final report in this
court pursuant to Gov.Bar R. I(12)(E), recommending that the applicant, John Doe,
not be approved for admission to the practice of law and that he not be permitted to
reapply. Upon consideration thereof,

IT IS ORDERED by the court that the recommendation of the board is
accepted. The applicant is denied admission to practice in Ohio and shall not be
permitted to reapply.

Moyer, C.J., Douglas, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton,
JJ., concur.

Resnick, J., dissents in part because she would not seal the record.

MOTION AND PROCEDURAL RULINGS

2002-0729. State ex rel. Scruggs v. Sadler.
Franklin App. No. 01AP-408. This cause was filed as a discretionary appeal and
claimed appeal of right. It is determined by the court that this cause originated in
the court of appeals and therefore should have been filed as an appeal of right
pursuant to S.Ct.Prac.R. II(1)(A)(1).

IT IS ORDERED by the court, sua sponte, that this appeal shall be docketed
and proceed as an appeal of right; the Clerk shall issue an order for the transmittal
of the record from the Court of Appeals for Franklin County; and the parties shall
proceed in accordance with S.Ct.Prac.R. VI.

DISCIPLINARY CASES

1994-2701. Disciplinary Counsel v. Pagac.
On June 28, 1995, this court permanently disbarred respondent, Paul Pagac III,
Attorney Registration No. 0015049, last known business address in Youngstown,
Ohio. On March 28, 2002, relator, Disciplinary Counsel, filed a motion for order
to show cause why respondent should not be held in contempt for failing to obey
this court's June 28, 1995 order. Upon consideration thereof,

IT IS ORDERED by this court that the motion be and is hereby granted to
the extent that respondent show cause by filing a written response with the Clerk of
this court on or before 20 days from the date of this order why respondent should
not be held in contempt.

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.

Pfeifer, J., dissents.

2002-0288. Disciplinary Counsel v. Borger.
On Certified Report by the Board of Commissioners on Grievances and Discipline
of the Supreme Court, No. 01-30. The Board of Commissioners on Grievances
and Discipline filed its Final Report in this court on February 13, 2002,
recommending that pursuant to Gov.Bar R. V(7), the respondent, Iduna Depweg
Borger, a.k.a. Margaret Ann McErlane, be suspended from the practice of law. On
consideration thereof,

IT IS ORDERED AND ADJUDGED by this court that pursuant to Gov.Bar
R. V(7), respondent, Iduna Depweg Borger, a.k.a. Margaret Ann McErlane,
Attorney Registration No. 0030318, last known business address in Norwood,
Ohio, be suspended from the practice of law.

IT IS FURTHER ORDERED that the respondent, Iduna Depweg Borger,
a.k.a. Margaret Ann McErlane, 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.
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05-09-02

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 her certificate of
admission to practice to the Clerk of this court on or before 30 days from the date
of this order, and that her 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 $6,953.57, which costs shall be payable to this court
by certified check or money order on or before 90 days from the date of this order.
It is further ordered that if these costs are not paid in full on or before 90 days from
the date of this order, interest at the rate of 10 percent per annum shall accrue as of
90 days from the date of this order, on the balance of unpaid board costs. It is
further ordered that the court will not consider respondent's application to
terminate the suspension until such time as she pays her costs in full, including any
accrued interest.

IT IS FURTHER ORDERED, sua sponte, by the court, that within 90 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 90 days of the notice of such award.

IT IS FURTHER ORDERED that respondent may apply for termination of
the suspension by applying to the Board of Commissioners on Grievances and
Discipline pursuant to Gov.Bar R. V(7)(F).

IT IS FURTHER ORDERED that respondent will not be reinstated to the
practice of law in Ohio until (1) respondent complies with the Supreme Court
Rules for the Government of the Bar of Ohio; (2) respondent complies with this
order and all other orders issued by this court; and (3) this court orders respondent
reinstated.

IT IS FURTHER ORDERED that on or before 30 days from the date of this
order, respondent shall:

1. Notify all clients being represented in pending matters and any co-
counsel of her suspension and her 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 her place;
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05-09-02

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 her 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 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 and
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).

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05-09-02

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):

2002-0497. State ex rel. Holiday v. Indus. Comm.
Franklin App. No. 01AP-390.

2002-0645. State ex rel. Gibson v. Indus. Comm.
Franklin App. No. 01AP-769.

The following cases have been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):

2002-0087. State ex rel. Ford Motor Co. v. Indus. Comm.
Franklin App. No. 00AP-813.
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