01/24/2005 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

January 24, 2005

[Cite as 01/24/2005 Case Announcements, 2005-Ohio-235.]

DISCIPLINARY CASES

2004-2021. In re Resignation of Slabaugh.
On affidavit of resignation from the practice of law of William Franklin Slabaugh,
Attorney Registration No. 0013009, and on report filed under seal by Disciplinary
Counsel.

Resignation accepted with disciplinary action pending.

2004-2073. In re Geer.
On December 16, 2004, and pursuant to Gov.Bar R. V(5)(A), the Secretary of the
Board of Commissioners on Grievances and Discipline of the Supreme Court of
Ohio submitted to this court a certified copy of a determination of default of a child
support order by Thomas L. Geer, 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 Thomas L. Geer, Attorney Registration No. 0011038, last
known address in New Castle, Pennsylvania, 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 hereby is, referred to
the Disciplinary Counsel for investigation and commencement of disciplinary
proceedings.

IT IS FURTHER ORDERED that Thomas L. Geer immediately cease and
desist from the practice of law in any form and hereby is 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 hereby is 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 shall not be reinstated to the
practice of law until (1) the Board of Commissioners on Grievances and Discipline
files in accordance with Gov.Bar R. V(5)(D)(1)(b) with the Supreme Court a
certified copy of a judgment entry reversing the determination of default under a
child support order, or it files in accordance with Gov.Bar R. V(5)(D)(1)(c) with
the Supreme Court a notice from a court or child support enforcement agency that
respondent is no longer in default under a child support order or is subject to a
withholding or deduction notice or a new or modified child support order to collect
current support or any arrearage due under the child support order that was in
default and is complying with that notice or order, and (2) this court orders
respondent reinstated to the practice of law.

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
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.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

2004-2143. In re McAuliffe.
On December 28, 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 Don S. McAuliffe, 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 Don S. McAuliffe, Attorney Registration No. 0014629,
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last known business address in Lancaster, 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
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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
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made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

MISCELLANEOUS DISMISSALS

2004-1153. State ex rel. Rabin v. Davis.
Montgomery App. No. 20472. This cause is pending before the court as an appeal
from the Court of Appeals for Montgomery County. Upon consideration of
appellant's 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.

2004-2071. State ex rel. Brown v. Hancock Cty. Prosecutor.
In Mandamus. This cause originated in this court on the filing of a complaint for a
writ of mandamus. Upon consideration of relator's 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 Enforcement of DR
2-101(A)(3)
: ORDER

Whereas this court is vested with the authority to regulate the practice of law
in this state pursuant to Section 2(B), Article IV, Ohio Constitution,

It is hereby ordered that the Office of Disciplinary Counsel and all certified
grievance committees of local bar associations or the Ohio State Bar Association
shall not enforce any purported violation of DR 2-101(A)(3) until further order of
this court.

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