03/31/2005 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

March 31, 2005

[Cite as 03/31/2005 Case Announcements, 2005-Ohio-1472.]

MOTION AND PROCEDURAL RULINGS

2004-1475. Bd. of Edn. of the Berea City School Dist. v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, Nos. 2002-T-2651, 2002-T-2652, and 2002-T-2784. This
cause is pending before the court as an appeal from the Board of Tax Appeals.
Upon consideration of the parties' joint motion to remand this cause to the Board
of Tax Appeals,
IT IS ORDERED by the court that the joint motion to remand be, and hereby
is, granted.

2004-1739. Sidenstricker v. Miller Pavement Maintenance, Inc.
Franklin App. No. 03AP-827, 2004-Ohio-4653. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County.

IT IS ORDERED by the court, sua sponte, that the stay of briefing is
dissolved, and this cause is no longer held for the decision in 2004-1169, Jones v.
Goodyear Tire & Rubber Company, Summit App. No. 21724, 2004-Ohio-2821.

IT IS FURTHER ORDERED by the court that the Clerk shall issue an order
of the transmittal of the record from the Court of Appeals for Franklin County and
that briefing shall proceed in accordance with S.Ct.Prac.R. VI.

MISCELLANEOUS DISMISSALS

2004-1774. State ex rel. Bowes v. Vindicator Printing Co.
Franklin App. No. 03AP-1248, 2004-Ohio-5155. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. Upon
consideration of the joint application for dismissal,

IT IS ORDERED by the court that the application for dismissal be, and
hereby is, granted.
ACCORDINGLY, IT IS FURTHER ORDERED by the court that this cause
be, and hereby is, dismissed.

MISCELLANEOUS ORDERS

In re Report of the Commission
:
on Continuing Legal Education.
:

:

O R D E R
James E. Eggenschwiler, Jr.
:
(#0041157), :
Respondent.
:

This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the "commission") pursuant to
Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the
imposition of sanctions against certain attorneys, including the above-named
respondent, for failure to comply with the provisions of Gov.Bar R. X, Attorney
Continuing Legal Education, for the 2002-2003 reporting period.

Respondent has been granted corporate status under Gov.Bar R.VI. Gov.Bar
R.VI(4) provides that an attorney, who is admitted to the practice of law in another
state but not in Ohio, and who is employed full-time by a nongovernmental Ohio
employer, may register for corporate status by filing a Certificate of Registration
and paying the registration fee required under the rule. An attorney who is granted
corporate status may perform legal services in Ohio solely for a nongovernmental
employer, as long as the attorney is a full-time employee of that employer. The
legal education requirements of Gov.Bar R. X apply to attorneys registered under
Gov.Bar R. VI for corporate status.

The commission's report recommended imposition of a sanction against the
respondent in the total amount of $750.00 for noncompliance with Gov.Bar R. X in
the 2002-2003 reporting period. Furthermore, the commission's report
recommended that the respondent be suspended from the practice of law pursuant
to Gov.Bar R. X(5)(A)(4) for violation of Gov.Bar R. X for the third consecutive
reporting period, and for continuous and ongoing noncompliance with Gov.Bar R.
X during the last three reporting periods. On November 22, 2004, this court issued
to the respondent an order to show cause why the commission's recommendation
should not be adopted and an order so entered against the respondent. Respondent
filed no objections to the commission's recommendation, and this cause was
considered by the court. Upon consideration thereof,
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IT IS ORDERED by the court that the recommendation of the commission is
adopted and the corporate status granted to respondent pursuant to Gov.Bar R.
VI(4)(A) is immediately revoked.

IT IS FURTHER ORDERED that respondent immediately cease and desist
from the practice of law in Ohio in any form, and respondent is hereby forbidden
to provide legal services as an employee of a nongovernmental Ohio employer.

IT IS FURTHER ORDERED that respondent is divested of each, any and all
of the rights, privileges and prerogatives customarily accorded to an attorney
registered in good standing for corporate status.

IT IS FURTHER ORDERED that respondent's name be stricken from the
roll of registered attorneys maintained by this court.

IT IS FURTHER ORDERED that, within 30 days of the date of this order,
respondent shall:

1. Notify respondent's employer of the revocation of respondent's
registration in corporate status and consequent disqualification to provide legal
services for the employer after the effective date of this order;

2. File with the Clerk of this court and the Disciplinary Counsel of the
Supreme Court an affidavit showing compliance with this order and setting forth
the address where the affiant may receive communications.

IT IS FURTHER ORDERED that, within 30 days of the date of this order,
respondent shall pay to the Commission on Continuing Legal Education, by
certified check or money order, a sanction fee which is hereby imposed in the total
amount of $750.00.

IT IS FURTHER ORDERED that, payment of the sanction fee
notwithstanding, respondent shall comply with the requirements imposed by
Gov.Bar R. X for the 2002-2003 reporting period. See CLE reg. 503.4.

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