07/11/2005 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

July 11, 2005

[Cite as 07/11/2005 Case Announcements, 2005-Ohio-3493.]

MOTION AND PROCEDURAL RULINGS

2005-0429. Humbert v. Borkowski.
Fulton App. No. F-05-007, 2005-Ohio-918. This cause came on for further
consideration of appellant's motion to declare that Fremont Investment and Loan
has not had any standing in this action and request for sanctions. Upon
consideration thereof,

IT IS ORDERED by the court that the motion and the request for sanctions
are denied.

DISCIPLINARY CASES

2005-0748. Disciplinary Counsel v. Carpino.
This cause is pending before the court upon a report filed by the Board of
Commissioners on Grievances and Discipline. On June 2, 2005, respondent filed a
motion to supplement the record. Upon consideration thereof,

IT IS ORDERED by this court that the motion be, and hereby is, granted.

2005-0748. Disciplinary Counsel v. Carpino.
This matter is pending before the court upon a report filed by the Board of
Commissioners on Grievances and Discipline. It appearing to the court that
respondent is without counsel,

IT IS ORDERED by the court, sua sponte, that Chad A. Readler of
Columbus, Ohio, is appointed to represent respondent, Joseph S. Carpino, on a pro
bono basis.

2005-1008. In re Curry.

On June 6, 2005, 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 Charles Eric Curry, 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 Charles Eric Curry, Attorney Registration No. 0062864,
last known business address in Youngstown, 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 hereby is, referred to
the Disciplinary Counsel for investigation and commencement of disciplinary
proceedings.

IT IS FURTHER ORDERED that Charles Eric Curry 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.
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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.

2005-1127. Disciplinary Counsel v. Lemieux.
On June 23, 2005, and pursuant to Gov.Bar R. V(5a)(A)(1)(b), relator, Disciplinary
Counsel, filed with this court a motion for interim remedial suspension pursuant to
Gov.Bar R. V(5a), alleging that respondent, James Michael Lemieux, has
committed numerous violations of the Code of Professional Responsibility and he
poses a substantial threat of serious harm to his clients and the public.
Upon consideration thereof and pursuant to Gov.Bar R. V(5a)(B), it is
ordered and decreed that an interim remedial suspension be immediately entered
against James Michael Lemieux, Attorney Registration No. 0032701, last known
address in Geneva, Ohio, and that the suspension be effective as of the date of this
entry, pending final disposition of disciplinary proceedings predicated on the
conduct threatening the serious harm.
IT IS FURTHER ORDERED that James Michael Lemieux 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
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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
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;
2. Regardless of any fees or expenses due her, 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.
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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.

MISCELLANEOUS DISMISSALS

2005-0886. Novel v. Wilson.
Richland App. No. 05CA16. This cause is pending before the court as an appeal
from the Court of Appeals for Richland County. It appears from the records of this
court that appellant has not filed a merit brief, due July 5, 2005, in compliance with
the Rules of Practice of the Supreme Court and therefore has failed to prosecute
this cause with the requisite diligence. Upon consideration thereof,

IT IS ORDERED by the court that this cause be, and hereby is, dismissed
sua sponte.

MISCELLANEOUS ORDERS

In re Report of the Commission

On Continuing Legal Education

Henry Thad Bowers
E N T R Y
(#0004827),

Respondent.

This matter originated in this court on the filing of a report by the Commission on
Continuing Legal Education ("commission") pursuant to Gov.Bar R. X(6)(A)(1)(b)
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07-11-05

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.

On April 15, 2005, pursuant to Gov.Bar R. X(6)(B)(3), this court entered an
order adopting the commission's recommendation related to the 2002-2003
reporting period imposing a sanction fee upon the respondent.

On June 6, 2005, the commission filed a motion to vacate, requesting that
the order of April 15, 2005, pertaining to the above-named respondent, be vacated.
Upon consideration thereof,

IT IS ORDERED by the court that the motion to vacate is granted.

IT IS FURTHER ORDERED by the court that the order of April 15, 2005,
pertaining to respondent, is vacated, and this cause is dismissed.

2005-0866. In re Application of Dabney.
The Board of Commissioners on Character and Fitness filed a report with this court
on May 11, 2005. On June 14, 2005, applicant, Tami Dabney, filed a motion to
maintain confidentiality of record. Upon consideration thereof,

IT IS ORDERED by this court, that the motion be, and hereby is, denied.

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