03/29/2004 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 03/29/2004 Case Announcements, 2004-Ohio-1482.]

The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

March 29, 2004

MOTION AND PROCEDURAL RULINGS

2004-0142. State ex rel. Pethe v. Indus. Comm.
Franklin App. No. 02AP-1202, 2003-Ohio-6832. This cause is pending
before the court as an appeal from the Court of Appeals for Franklin County.
Upon consideration of appellant's motion for extension of time to file merit
brief pursuant to S.Ct.Prac.R. XIV(6)(C),

IT IS ORDERED by the court that the motion for extension of time
be, and hereby is, granted, and appellant's merit brief is due on or before
May 1, 2004.

APPEALS ACCEPTED FOR REVIEW

2003-2167. Hopkins v. Dyer.
Tuscarawas App. No. 2003AP010009, 2003-Ohio-6178. Upon consideration
of the jurisdictional memoranda filed in this case, the court hereby allows
the appeal on Proposition of Law No. I. The Clerk shall issue an order for
the transmittal of the record from the Court of Appeals for Tuscarawas
County, and the parties shall brief this case in accordance with the Rules of
Practice of the Supreme Court of Ohio.

APPEALS NOT ACCEPTED FOR REVIEW

2003-2093. State v. Roberts.
Wood App. Nos. WD-02-066 and WD-03-001, 2003-Ohio-5689. Upon
consideration of the jurisdictional memoranda filed in this case, the court
declines jurisdiction to hear the case.

Lundberg Stratton and O'Donnell, JJ., dissent.

2004-0137. State v. Millender.
Summit App. No. 21349, 2003-Ohio-4384. Upon consideration of the
jurisdictional memoranda filed in this case, the court dismisses the appeal as
not involving any substantial constitutional question.

Moyer, C.J., Pfeifer and Lundberg Stratton, JJ., dissent.

DISCIPLINARY CASES

2003-2199. In re Resignation of Kessen.
On affidavit of resignation from the practice of law of Stephen C. Kessen,
Attorney Registration No. 0041995, and report filed under seal by
Disciplinary Counsel. Resignation accepted without designation.

2003-2221. In re Resignation of Jackson.
On affidavit of resignation from the practice of law of Otha M. Jackson,
Attorney Registration No. 0010036, and report filed under seal by
Disciplinary Counsel. Resignation accepted with designation of disciplinary
action pending.

2004-0050. In re Resignation of Hackman.
On affidavit of resignation from the practice of law of Howard Michael
Hackman, Attorney Registration No. 0037011, and report filed under seal by
Disciplinary Counsel. Resignation accepted with designation of disciplinary
action pending.

2004-0219. In re Resignation of McCroom.
On affidavit of resignation from the practice of law of Eddie Winther
McCroom, Attorney Registration No. 0001601, and report filed under seal
by Disciplinary Counsel. Resignation accepted with designation of
disciplinary action pending.

2004-0345. In re Stern.
On February 20, 2004, 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 of Ohio certified to the Supreme Court a certified copy of a
judgment entry of a felony conviction against Ira Sidney Stern, 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 Ira Sidney Stern, Attorney Registration No.
0028725, last known business address in Columbus, Ohio, 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 Disciplinary Counsel for investigation and commencement of
disciplinary proceedings.

IT IS FURTHER ORDERED that respondent 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, respondent
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 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, 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 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 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 respondent's suspension and 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
respondent's 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
respondent's possession or control;

4. Notify opposing counsel in pending litigation or, in the absence of
counsel, the adverse parties of respondent's 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 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 Section.

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.