OH · rules

Ohio Gov.Bar R. V

Disciplinary Procedure

activein force · 2026-01-01 – presentact-effective-date

Section 1. Board of Professional Conduct of the Supreme Court.

(A) Composition. There shall be a Board of Professional Conduct of the Supreme

Court consisting of twenty-eight commissioners as follows: seventeen attorneys admitted to the

practice of law in Ohio, seven active or voluntarily retired judges of the state of Ohio or judg es

retired pursuant to Article IV, Section 6 of the Ohio Constitution, and four nonattorney

commissioners.

(B) Distribution. The attorney commissioners shall be appointed from Ohio appellate

districts as follows: First District, two commissioners; Second District, one commissioner; Third

District, one commissioner; Fourth District, one commissioner; Fifth District, one commis sioner;

Sixth District, two commissioners; Seventh District, one commissioner; Eighth District, three

commissioners; Ninth District, one commissioner; Tenth District, two commissioners; Eleventh

District, one commissioner; and Twelfth District, one commissioner. The active and retired judge

commissioners shall be appointed at-large from separate appellate districts, and the nonattorney

commissioners shall be appointed at-large from separate appellate districts.

three years, beginning on the first day of January next following the commissioner’s appointment.

Any commissioner whose term has expired and who has an uncompleted assignment as a member

of a panel may continue to serve for the purpose of the assignment until it is concluded before the

Board. The successor commissioner shall take no part in the proceedings of the Board concerning

the assignment.

(D) Appointments.

(1) Pursuant to section 3 of this rule, the Chief Justice and Justices of the Supreme

Court shall appoint the director of the Board.

(2) The Chief Justice and Justices of the Supreme Court shall appoint the

commissioners. Appointments of commissioners to terms commencing the first day of January of

any year shall be made prior to the first day of December of the preceding year. Commissio ner

vacancies for any cause shall be filled for the unexpired term by the justice who appointed the

person causing the vacancy or by the successor of that justice. A commissioner appointed to a

term of fewer than three years may be reappointed to not more than three, three-year terms. No

person may be appointed as commissioner to more than three, three-year terms on the Board.

Three-year terms served prior to April 1, 2008, shall be included when determining whether a

person is eligible for appointment or reappointment as a commissioner to the Board.

(E) Chair and Vice-chair. The Board shall each year elect a judge or attorney

commissioner as chair and vice-chair. The chair and vice-chair shall serve in that capacity for a

maximum of two years. The chair and vice-chair may execute entries on behalf of the Board and

panels of the Board. In the absence or incapacity of the chair, the vice-chair shall perform the

duties of the chair.

(F) Meetings. The Board shall meet in Columbus at least six times each year. The

chair or vice-chair may call additional meetings of the Board when necessary.

(G) Confidentiality; Oath of Office. No commissioner, Board-appointed master, or

employee of the Board shall disclose to any person any proceedings, documents, or deliberations

of the Board or a Board committee. This rule shall not apply to an individual commissioner’s

personal opinion relating to matters of staffing or operational issues, which, at the commissioner’s

option, may be discussed with a justice upon the justice’s request. Prior to taking office, each

commissioner, Board-appointed master, and employee of the Board shall swear o r affirm that he

or she will abide by these rules.

(H) Attendance. The director of the Board shall notify the Chief Justice and the

Administrative Director of the Supreme Court if a commissioner misses three meetings of the

Board within a twelve-month period. Upon such notice, the Administrative Director shall inform

the Justices of the Supreme Court in order that the Justices may consider the replacement of the

commissioner.

Section 2. Jurisdiction and Powers of the Board.

(A) Exclusive Jurisdiction. Except as otherwise expressly provided in rules adopted

by the Supreme Court, all grievances involving alleged misconduct by judicial officers or

attorneys, proceedings with regard to the alleged mental illness, alcohol and other drug abuse, or

disorder of a judicial officer or attorney, proceedings for the discipline of judicial officers,

attorneys, persons under suspension or on probation, and proceedings for the reinstatement to the

practice of law shall be brought, conducted, and disposed of in accord ance with the provisions of

this rule. The Board shall have authority to certify, recertify, and decertify grievance committees

in accordance with section 5 of this rule. The Board shall not have jurisdiction to review complaints

alleging misconduct based solely on speech or conduct protected by the United States and Ohio

Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States

Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution.

(B) Hearing Authority. The Board shall receive evidence, preserve the record, make

findings, and submit recommendations to the Supreme Court as follows:

(1) Concerning complaints of misconduct that are alleged to have been committed by

a judicial officer, an attorney, a person under suspension from the practice of law or a person on

probation;

(2) Concerning the mental illness, alcohol and other drug abuse, or disorder of any

judicial officer or attorney;

(3) Relating to petitions for reinstatement as an attorney;

(4) Upon reference by the Supreme Court of conduct by a judicial officer or an attorney

affecting any proceeding under this rule, where the acts allegedly constitute a contempt of the

Supreme Court or a breach of these rules but did not take place in the presence of the Supreme

Court or a member of the Supreme Court, whether by willful disobedience of any order or

judgment of the Supreme Court or the Board, by interference with any offi cer of the Supreme

Court in the prosecution of any duty, or otherwise. This rule shall not limit or affect the plenary

power of the Supreme Court to impose punishment for either contempt or breach of these rules

committed in its presence, or the plenary p ower of any other court for contempt committed in its

presence.

under oath before disciplinary counsel, a certified grievance committee, hearing panel, or the

Board. Each subpoena shall be issued in the name and under the seal of the Supreme Court and

shall be signed by the director, Board chair, Board vice-chair, or chair of a hearing panel and served

as provided by the Rules of Civil Procedure. Witness fees and mileage shall be as provided in

R.C. 2335.06. The refusal or neglect of a person subpoenaed a s a witness to obey a subpoena,

attend, be sworn or affirm, or to answer any proper question shall be considered a contempt of the

Supreme Court and punishable accordingly.

(D) Advisory Opinions. The Board may issue nonbinding advisory opinions in

response to prospective or hypothetical questions directed to the Board regarding the application

of the Supreme Court Rules for the Government of the Bar of Ohio, the Supreme Court Rules for

the Government of the Judiciary of Ohio, the Ohio Rules of Professional Conduct, the Code of

Judicial Conduct, or the Attorney's Oath of Office.

(E) Regulations. The Supreme Court shall have authority to adopt regulations for the

operations of the Board. The Board shall review and may recommend proposed regulations for

review, and if approved, adopted by the Supreme Court. Proposed regulations and amendments to

existing regulations shall be published for comment prior to adoption in a manner consistent with

rule amendments proposed by the Supreme Court, and adopted regulations shall be published in

the same manner as rules adopted by the Supreme Court. The regulations shall include the

following provisions:

(1) Procedures for regularly reviewing the performance of certified grievance

committees, identifying certified grievance committees that are not in compliance with the

standards set forth in this rule, and for decertifying a certified grievance committee that fails to

improve its performance after being notified of noncompliance;

(2) Time guidelines for the processing of disciplinary cases pending before the Board

and panels of the Board;

(3) Procedures for the issuance of advisory opinions;

(4) Procedures for allowing and reimbursing the expenditures of certified local

grievance committees.

Section 3. Director of the Board.

(A) Director. The Chief Justice and Justices of the Supreme Court shall appoint a

director of the Board. The director shall be an attorney admitted to the practice of law in Ohio,

shall be appointed by a majority of the Court, and shall serve at the pleasure of the C ourt. The

position of director shall be a fulltime position. Neither the director nor any other employee of the

Board shall be employed by any trial or appellate court.

(B) Responsibilities. The director shall have the following responsibilities:

(1) Serve as the chief legal and administrative officer of the Board;

(2) Schedule all meetings of the Board and its committees and all hearings of Board

panels;

(3) Maintain a docket of each complaint and of all proceedings on each complaint,

which shall be retained permanently as a part of the records of the Board;

(4) Execute entries on behalf of the Board and its hearing panels and execute entries

for extensions of time where appropriate;

(5) Issue subpoenas pursuant to Section 2(C) of this rule;

(6) Employ such personnel as are reasonably necessary to discharge the responsibilities

set forth in this rule and shall establish the salaries of personnel, subject to approval by the Chief

Justice and Justices of the Supreme Court;

(7) Maintain the records for the receipt and expenditure of money, and prepare

financial reports and budgets as required by the Chief Justice and Justices of the Supreme Court,

the Supreme Court Rules for the Government of the Bar of Ohio, and the Supreme Court Rules for

the Government of the Judiciary of Ohio;

(8) File with the Supreme Court annually a report of the activities and expenses of the

Board;

(9) Take all necessary steps to see that office facilities, furnishings, stationery,

equipment, and office supplies are available as needed;

(10) Assist the Board in preparing advisory opinions pursuant to Section 2(D) of this

rule;

(11) Take any other action consistent with the director’s position as chief legal and

administrative officer that is not otherwise inconsistent with any direction by the Chief Justice and

Justices of the Supreme Court, the Supreme Court Rules for the Government of the Bar of Ohio,

and the Supreme Court Rules for the Government of the Judiciary of Ohio.

Section 4. Office of Disciplinary Counsel.

(A) Disciplinary Counsel. With the approval of the Supreme Court, the Board, by

majority vote, shall appoint a disciplinary counsel who shall perform all of the following duties:

(1) Investigate allegations of misconduct by judicial officers or attorneys and

allegations of mental illness, alcohol and other drug abuse, or disorder affecting judicial officers

or attorneys;

(2) Initiate and prosecute complaints as a result of investigations under the provisions

of this rule;

(3) Certify bar counsel nominated by certified grievance committees pursuant to

Section 6 of this rule;

(4) Comply with the record retention standards set forth in Section 5 of this rule;

(5) In consultation with the Board, representatives of the certified grievance

committees, and others, develop and offer an education curriculum for bar counsel and certified

grievance committee members, including an orientation program for newly appointed ce rtified

grievance committee members;

(6) Dismiss any grievance alleging misconduct based solely on speech or conduct

protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First

Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section

12 of the Ohio Constitution.

(B) Appointment; In-term Removal. Disciplinary counsel shall be appointed for a

term of four years and may be removed in-term only for just cause. In-term removal for just cause

shall be instituted by the filing, with the Chief Justice, of a written petition by the chair, acting by

authority of a two-thirds vote of the Board. Upon receipt of the petition, the Chief Justice shall

cause it to be served on disciplinary counsel for response. Thereafter, the Chief Justice shall

schedule a hearing before the Supreme Court, which shall determ ine whether there is just cause

for the removal of disciplinary counsel. Disciplinary counsel shall be removed upon the

affirmative vote of five or more members of the Supreme Court.

shall be attorneys admitted to the practice of law in Ohio and who shall not engage in the private

practice of law while serving in that capacity. Disciplinary counsel shall appoint staff as required

to satisfactorily fulfill the duties of the Office of Disciplinary Counsel. Disciplinary counsel shall

retain one or more investigators who may be assigned by disciplinary counsel to assist certified

grievance committees in the investigation of grievances. Employees of the Office of Disciplinary

Counsel shall serve at the pleasure of disciplinary counsel.

(D) Compensation; Supplies; Annual Report. The compensation of disciplinary

counsel shall be fixed by the Supreme Court at the time of appointment. Both initial and renewal

offer letters for disciplinary counsel shall include the proposed term of service, starting salary, and

basis for future salary adjustments. The compensation of personnel employed by the Office of

Disciplinary Counsel, including any assistant disciplinary counsel, shall be fixed by disciplinary

counsel with the approval of the Supreme Court. The Supreme Court shall provide office facilities,

furnishings, stationery, equipment, and office supplies f or the Office of Disciplinary Counsel.

Disciplinary counsel shall file annually with the Supreme Court and the Board a report of the

activities and expenses of the office.

(E) Quarterly Report. By the fifteenth day of January, April, July, and October of

each year, disciplinary counsel shall file with the Supreme Court and the Board a report of the

number of grievances made to the Office of Disciplinary Counsel during the preceding quarter.

The report shall be on a form prescribed by the Board and shall specify the types of grievances

filed and state the number of grievances filed, the number pending in each prescribed category and

the number terminated by action of the Office of Disciplinary Counsel during the reporting period.

(F) Confidentiality; Oath of Office. No employee of the Office of Disciplinary

Counsel shall disclose to any person any proceedings, documents, or deliberations of the Office of

Disciplinary Counsel. Prior to taking office, disciplinary counsel and each employee of the Office

of Disciplinary Counsel shall swear or affirm that he or she will abide by these rules.

(G) Proactive Management-Based Regulation. Disciplinary counsel shall establish

a free, CLE-accredited proactive management-based regulation curriculum to assist attorneys in

developing ethical infrastructures to improve the delivery of legal services and client relations and

enhance the provision of competent and cost-effective legal services to prevent violations of the

Ohio Rules of Professional Conduct. The curriculum may include, but is not limited to, continuing

legal education on the ethical operation of a law practice, and the curriculum shall be open to any

attorney admitted to practice law in Ohio. All information related to an attorney’s participation in

the curriculum shall be confidential, except that disciplinary counsel may report proof of

completion and aggregate statistics from the curriculum.

Section 5. Certified Grievance Committees.

(A) Certified Grievance Committees. A certified grievance committee shall be an

organized committee of the Ohio State Bar Association or of one or more local bar associations in

Ohio that permits the membership of any attorney practicing within the geographic area served by

that associatio n without reference to the attorney’s area of practice, special interest, or other

criteria. There shall be only one certified grievance committee in each county. Two or more bar

associations may establish a joint certified grievance committee in accordance with the procedure

outlined in division (C) of this section.

(B) Board Certification. Upon application by a bar association or bar associations and

satisfaction of the standards set forth in division (D) of this section, the Board may certify a

grievance committee to investigate allegations of misconduct by judicial officers or attorneys and

mental illness, alcohol and other drug abuse, or disorder affecting judicial officers or attorneys and

initiate and prosecute complaints as a result of investigations under the provisions of this rule. A

certified grievance committee shall have authority to investigate a grievance filed against an

attorney who resides or maintains an office in the geographic area served by the committee or

where the misconduct alleged in the grievance occurred within the geographic area served by the

committee. Except for a grievance that is referred by the director or Office of Disciplinary Counsel

due to a conflict of interest, a certified grievance committee shall not have the authority to

investigate allegations of misconduct against any of the following:

(1) An attorney who is an officer of the bar association that established the certified

grievance committee or a member of the certified grievance committee;

(2) A judicial officer, except that the certified grievance committee of the Ohio State

Bar Association may investigate allegations of misconduct against a judicial officer;

(3) An attorney or judicial officer solely engaging in speech or conduct protected by

the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment

to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the

Ohio Constitution.

(C)(1) Joint Committees. A bar association seeking to establish a grievance committee

or the bar associations seeking to establish a joint grievance committee shall file a petition with

the Board seeking approval to establish a certified grievance committee or joint certified grievance

committee. The petition shall include all of the following:

(a) The name of the bar association or bar associations seeking to form a grievance

committee or joint grievance committee;

(b) The names of the chair and other members of the grievance committee, provided

the membership of a joint grievance committee shall be in proportion to the number of attorneys

employed in the geographic area served by each bar association establishing the joint committee;

(d) In the case of a petition to form a joint grievance committee, a copy of the written

agreement between or among the sponsoring bar associations that establishes and governs the

operation of the grievance committee;

(e) Any other information the Board considers necessary to evaluate the petition.

(2) Upon receipt of a completed petition, the Board promptly shall determine whether

the proposed grievance committee satisfies the requirements to establish a grievance committee

and the standards set forth in division (D) of this section. Upon determination that the grievance

committee satisfies these requirements and standards and upon certification of bar counsel as

required by Section 6 of this rule, the Board shall certify the grievance committee as eligible to

accept and investigate grievances and file and prosecute formal complaints as set forth in this rule.

(D)(1) Standards for Certified Grievance Committees. To obtain and retain

certification, each grievance committee shall satisfy all of the following standards:

(a) Membership and term limits. Consist of no fewer than fifteen persons, including a

chair who shall not serve as chair for more than two consecutive years. A majority of the members

of the certified grievance committee shall consist of attorneys admitted to the practice of law in

Ohio, and at least three members or ten percent of the certified grievance committee, whichever is

greater, shall consist of persons who are not admitted to the practice of law in Ohio or any other

state. Not more than twenty percent of the committee or fiv e members, whichever is less, shall

consist of attorneys who practice in the same firm, as defined in Prof. Cond. R. 1.0, or

governmental office.

(i) Each bar association responsible for appointing members to its certified grievance

committee shall adopt and implement procedures that provide for the appointment of certified

grievance committee members to specific terms of office, with the length of such terms to be

determined by the appointing authority and subject to the ten-year limitation on consecutive

service set forth in division (D)(1)(a)(ii) of this section. The expiration dates of the initial terms

of office shall be established to ensure that the terms of members expire in different years.

(ii) No member of a certified grievance committee shall serve or have served on the

committee for more than ten consecutive years. A member’s tenure on a certified grievance

committee prior to January 1, 2016, shall be considered for purposes of determining the member’s

consecutive service on the certified grievance committee. A member who served on the committee

for ten consecutive years may be reappointed to the committee if two or more years have elapsed

since the conclusion of the member’s prior service.

(b) Meetings. Meet at least once every third month.

hours, has a listed telephone number, and is staffed by a minimum of one fulltime employee to

process grievances received by the certified grievance committee and assist with other work of the

certified grievance committee. A joint certified grievance committee shall designate a single office

within the geographical region served by the joint committee, and the fulltime employee

designated to assist the committee may be employed j ointly by the bar associations that have

established the joint committee.

(d) Bar counsel. Nominate bar counsel, who shall be certified by disciplinary counsel

pursuant to and perform the duties set forth in Section 6 of this rule. Bar counsel may be a

volunteer or be paid for services related to disciplinary activities by or through the cer tified

grievance committee.

(e) Files and records. Maintain files and records of proceedings, in paper or electronic

format and in accordance with the following schedule:

(i) Records of the proceedings of the certified grievance committee and files related to

any matter in which the committee filed a formal complaint shall be retained permanently;

(ii) Files related to any matter in which the committee initiated an investigation shall

be retained for ten years;

(iii) Files related to any matter that the committee dismissed without investigation shall

be retained for two years.

(f) Funding. Be sufficiently funded by the sponsoring bar association or associations

to perform the duties imposed by these rules.

(g) Written procedures. Establish and file with the Board written procedures for the

processing of grievances. The written procedures shall provide a method for notifying potential

grievants that they have the option to file a grievance with the Office of Disciplinary Counsel

rather than with the certified grievance committee.

(h) Quarterly reports. File quarterly reports with the Supreme Court and the Board on

the form and by the dates prescribed in section 4 of this rule. Each certified grievance committee

shall include in the report the results of cases referred to the Board-approved alternative dispute

resolution methods along with recommendations for further action, including discontinuance or

amendment of alternative dispute resolution procedures.

(2) Continuing education. A certified grievance committee shall encourage each

committee member, in the member’s first full calendar year of service and each calendar year

thereafter, to complete a minimum of one continuing education program or activity offered or

approved by disciplinary counsel in one or more of the following subject-matter areas:

(a) Legal ethics;

(b) Judicial ethics;

investigation of grievances and the preparation and prosecution of formal complaints.

(3) Web Site. A certified grievance committee shall maintain an Internet site that

includes the address and telephone number of its office and a description of its duties and

responsibilities.

(E)(1) Annual Report and Biennial Recertification. On or before the first day of March,

each certified grievance committee shall file with the Board a report of its activity in the preceding

calendar year. The annual report shall be submitted on behalf of the certified grievance committee

by the committee chair and bar counsel, and shall include all of the following:

(a) A current roster of all members of the certified grievance committee that identifies

the committee chair, the nonattorney members of the committee, the tenure of each member’s

service on the committee, and the expiration date of each committee member’s term;

(b) Information indicating compliance by bar counsel with the education requirements

set forth in Section 6(C)(4) of this rule;

grievance committee’s compliance with the standards set forth in division (D) of this section.

(2) Based on the content of the annual reports for the two preceding years and other

relevant information that may be available to the Board, the Board, on or before May 1 of each

even-numbered year, shall do one of the following:

(a) Recertify the grievance committee;

(b) Notify the certified grievance committee of its noncompliance with specific

minimum standards applicable to the operation of a certified grievance committee, the steps the

certified grievance committee is required to take to remedy noncompliance, and the time in which

the certified grievance committee must remedy noncompliance;

(F)(1) Decertification. The Board may decertify a certified grievance committee at the

request of one or more of its sponsoring local bar associations or sua sponte. If the committee fails

to adhere to the standards set forth in division (D) and (E) of this section and regulations adopted

by the Board, if bar counsel fails to comply with the requirements set forth in section 6 of this

rule, or if the committee substantially fails to perform the obligations set forth in these rules, the

director may issue to the chair of the certified grievance committee and president of the sponsoring

bar association an order to show cause why the grievance committee should not be decertified by

the Board for the reasons set forth in the order. The Board shall hold a hearing before six

commissioners, chosen by lot, who do not reside in the same appellate district where the certified

grievance committee is located. If two-thirds of the panel of commissioners recommends

decertification, it shall issue findings setting forth all of the following:

(a) The reasons for decertification;

(b) All of the certified grievance committee’s pending matters;

to discharge its remaining responsibilities in any or all pending matters.

(2) The Board shall review the report and findings of the panel recommending

decertification and, by two-thirds vote, may decertify the committee. In the absence of special

circumstances, the Board shall not decertify a certified grievance committee, either at the request

of a sponsoring bar association or sua sponte, before the committee has discharged to the Board’s

satisfaction the committee’s remaining responsibilities in its then-pending matters. The Board shall

prepare a report of its findings.

(3) A certified grievance committee may appeal the Board’s decision to decertify the

committee by filing a written request with the Administrative Director of the Supreme Court within

fourteen days after the committee is notified of decertification. The Supreme Court shall make the

final determination of whether to decertify the committee.

(G) Alternative Dispute Resolution. A certified grievance committee may adopt and

utilize written procedures for handling allegations of client dissatisfaction that do not constitute

disciplinary violations, to include mediation, office practice monitoring, and other alternative

dispute re solution methods. Only alternative dispute resolution procedures developed by the

Board shall be used by certified grievance committees. The procedures shall provide that

mediators and facilitators shall not be members of or subject to the jurisdiction o f the certified

grievance committee.

(H) Confidentiality; Oath of Office. No employee, appointee, or member of a

certified grievance committee shall disclose to any person any proceedings, documents, or

deliberations of the committee. Prior to taking office, bar counsel and each employee, appointee,

or member of a certified g rievance committee shall swear or affirm that he or she will abide by

these rules.

Section 6. Bar Counsel.

(A)(1) Certification of Bar Counsel. Disciplinary counsel shall certify bar counsel and

assistant bar counsel who are nominated on or after January 1, 2021. Any bar counsel or assistant

bar counsel certified or employed prior to January 1, 2021, shall not be subject to recertification

but otherwise shall comply with the requirements set forth in this section. Disciplinary counsel

shall promulgate and make available to the certified grievance committees the criteria that will be

used in certifying bar counsel and assistant bar counsel and a form for submitting bar counsel

nominations for certification. The criteria for certification shall include, but not be limited to, all

of the following:

(a) Legal experience, including substantive areas of practice and trial experience;

(b) Any experience as a member of a certified grievance committee;

complaints, or both, including but not limited to the approximate number of grievances reviewed

and investigated, the number of cases presented to hearing panels of the Board, and the number of

disciplinary hearings before the Supreme Court;

(d) References from at least three persons in the legal community who attest to the

applicant’s high ethical standards, professionalism, and integrity.

(2) Upon receipt of the nomination and application materials, disciplinary counsel shall

promptly make a decision to grant or deny certification and provide notice to the certified

grievance committee, nominated bar counsel or assistant bar counsel, and the Bo ard of

Professional Conduct. To facilitate the review of a nomination and application, disciplinary

counsel may conduct an interview of the nominated bar counsel or assistant bar counsel.

(B) Decertification. Disciplinary counsel may decertify bar counsel or assistant bar

counsel for failing to competently and diligently perform the duties set forth in Gov. Bar R. V or

for other good cause shown. Before decertifying bar counsel or assistant bar counsel, disciplinary

counsel shall provide to bar counsel or assistant bar counsel and the chair of the certified grievance

committee that employs or retains bar counsel or assistant bar counsel written notice proposing the

decertification of bar counsel or assistant bar counsel and shall afford bar counsel or assistant bar

counsel a reasonable opportunity to respond to the proposed decertification. Bar counsel or

assistant bar counsel may appeal decertification by filing a written request with the Administrative

Director of the Supreme Court within fourteen days after bar counsel or assistant bar counsel is

notified of the determination. The Supreme Court shall make the final determination of whether to

decertify bar counsel or assistant bar counsel.

the duties set forth in this rule, including but not limited to the following:

(1) Supervising the intake and investigation of grievances;

(2) Serving as the point of contact between the certified grievance committee and

respondents and respondents’ counsel, provided bar counsel may delegate this task to staff or

volunteer members of the certified grievance committee;

(3) Advising and training certified grievance committee members on matters of

professional conduct and disciplinary procedures;

(4) Participating in education activities related to professional conduct and disciplinary

procedures, including the completion each calendar year of at least six hours of training offered by

disciplinary counsel in the areas of legal ethics, judicial ethics, and the execution of responsibilities

for the review and investigation of grievances and prosecution of formal complaints;

(5) Serving as counsel of record in each formal complaint filed with the Board by the

bar counsel’s certified grievance committee. Bar counsel may delegate authority over the post -

complaint adjudication process to assistant bar counsel or volunteer certified grievance committee

members or to another certified local bar counsel, provided both of the following requirements are

met:

(a) The attorney to whom responsibilities are delegated is identified as counsel in the

case;

(b) Bar counsel shall supervise the lead counsel to whom responsibilities are delegated.

(D) Noncompliance. Failure of bar counsel to comply with the requirements of this

section may be grounds for decertifying the bar counsel’s appointing grievance committee

pursuant to Section 5(F)(1) of this rule.

Section 7. Funding; Reimbursements to Certified Grievance Committees.

(A)(1) Funding and Budgets. The Supreme Court shall allocate funds for the operation

of the Board and the Office of Disciplinary Counsel and development and distribution of materials

describing the disciplinary process from the Attorney Services Fund.

(2) Criteria for Reimbursement. The Supreme Court shall establish criteria for

determining whether expenses under divisions ( C)(2) and (3) of this section are necessary and

reasonable.

(B)(1) Budget. At the request of the Administrative Director of the Supreme Court, the

Board and the Office of Disciplinary Counsel shall prepare and submit a proposed annual or

biennial budget for approval by the Supreme Court.

(2) Application of Criteria for Reimbursement. The Board shall determine whether

the expenses incurred under divisions (C)(2) and (3) of this section are necessary and reasonable.

committees for expenses incurred by the committees in performing the specific obligations

imposed on them by these rules. Any reimbursements authorized by the Board shall be paid from

moneys allocated by the Court for that purpose from the Attorney Services Fund. All requests for

reimbursement shall be submitted with an affidavit and case-specific timesheets documenting the

direct and indirect expenses incurred by the certified grievance committee. Reimbursement is not

permitted for costs associated with compliance with the standards contained in section 5(D) of this

rule, except for the costs listed in division (C)(2) of this section.

(1) Reimbursement of Direct Expenses. A certified grievance committee may be

reimbursed for direct expenses incurred in performing the specific obligations imposed by this

rule. Reimbursement shall be limited to costs for depositions, transcripts, copies of documents,

necessary travel expenses for witnesses and volunteer attorneys, witness fees, costs of subpoenas

and the service of subpoenas, and compensation of investigators and expert witnesses authorized

in advance by the Board. There shall be no reimbursement for the costs of the time of other bar

association personnel or attorneys in discharging these obligations. Reimbursement shall be made

upon submission to the director of the Board of proof of expenditures. Upon approval by the

Board, reimbursement shall be made from the Attorney Services Fund.

(2) Annual Reimbursement of Indirect Expenses. A certified grievance committee

may apply to the Board prior to the first day of February each year for partial reimbursement of

other expenses necessarily and reasonably incurred during the preceding calendar year in

performing its obligations under the se rules. Expenses eligible for reimbursement are those

specifically relating to professional conduct enforcement and include all of the following:

(a) The personnel costs for the portion of an employee’s work that is dedicated to this

area;

(b) The costs of bar counsel who is retained pursuant to written agreement with or

employed by the certified grievance committee;

(d) Long distance telephone charges;

(e) Local telephone charges and other appropriate line charges including, but not

limited to, per call charges;

(f) The cost of dedicated telephone lines;

(g) Subscriptions to legal research services and materials related to professional

conduct;

(h) Organizational dues and educational expenses relating to professional conduct

enforcement;

(i) All costs of defending grievance and disciplinary-related lawsuits and that portion

of professional liability insurance premiums directly attributable to the operation of the committees

in performing their obligations under this rule;

(j) The percentage of rent, insurance premiums not reimbursed pursuant to division

(C)(2)(i) of this section, supplies and equipment, accounting costs, occupancy, utilities, office

expenses, repair and maintenance, and other overhead expenses directly attribut able to the

operation of the committees in performing their obligations under this rule, as determined by the

Board and provided that no certified grievance committee shall be reimbursed in excess of thirty

thousand dollars per calendar year for such expen ses. Reimbursement shall not be made for the

costs of the time of other bar association personnel, volunteer attorneys, depreciation, or

amortization. No expense reimbursed under division (C)(1) of this section is eligible for

reimbursement under division (C)(2) of this section;

(k) The Board may deny reimbursement for any expense for which a certified

grievance committee seeks reimbursement on or after the first day of March of the year

immediately following the calendar year in which the expense was incurred.

(3) Quarterly Reimbursement of Certain Indirect Expenses. In addition to

applying annually for reimbursement pursuant to division (C)(2) of this section, a certified

grievance committee may apply quarterly to the Board for reimbursement of the expenses set forth

in divisions (C)(2)(a) and (b) of this section that were necessarily and reasonably incurred during

the preceding calendar quarter. Quarterly reimbursement shall be submitted in accordance with

the following schedule:

Reimbursement for the months of:

Due by:

January, February, and March

May 1

April, May, and June August 1

July, August, and September November 1

October, November, and December February 1 (with annual

reimbursement request)

Any expense that is eligible for quarterly reimbursement, but that is not submitted on a quarterly

reimbursement application, shall be submitted no later than the appropriate annual reimbursement

application deadline pursuant to division (C)(2) of this section and shall be denied by the Board if

not timely submitted.

(4) Deferral or Denial of Reimbursements. The Board may defer or deny an indirect

reimbursement requested by a certified grievance committee based on the committee’s failure to

satisfy the standards in sections 5(D) and (E) of this rule or bar counsel’s noncompliance with the

requirements of section 6(C) of this rule. A certified grievance committee may appeal deferral or

denial of a specific reimbursement by filing a written request with the Administrative Director of

the Supreme Court within fourteen days after the certified grievance committee is notified of the

Board’s decision. The Supreme Court shall make the final determination of whether to approve or

deny reimbursement.

(D) Audit. Expenses incurred by certified grievance committees and reimbursed under

division (C) of this section may be audited at the discretion of the Board or the Supreme Court.

The costs of any audit shall be paid from the Attorney Services Fund.

(E) Availability of Funds. Reimbursement under division (C) of this section is subject

to the availability of moneys in the Attorney Services Fund.

Section 8. Public Access to Disciplinary Documents and Proceedings.

(A)(1) Proceedings Prior to Probable Cause. Prior to a determination of probable cause

by the Board, all proceedings, documents, and deliberations relating to review, investigation, and

consideration of grievances shall be confidential except as follows:

(a) Where the respondent expressly and voluntarily waives confidentiality of the

proceedings. A waiver of confidentiality does not entitle the respondent or any other person access

to documents or deliberations expressly designated as confidential under this section.

(b) Where the proceedings reveal reasonable cause to believe that respondent is or may

be addicted to alcohol or other chemicals, is abusing the use of alcohol or other chemicals, or may

be experiencing a disorder that is substantially impairing the respondent’s ability to practice law,

the information giving rise to this belief shall be communicated to a committee or subcommittee

of a bar association, or to an executive officer or employee of a nonprofit corporation established

by a bar association, designed to assist lawyers with disorders.

certified grievance committee, it is found that a person involved in the investigation may have

violated federal or state criminal statutes, the entity conducting the inve stigation shall notify the

appropriate law enforcement agency, prosecutorial authority, or regulatory agency of the alleged

criminal violation and may provide the agency or authority with information concerning the

criminal violation.

(2) The Office of Disciplinary Counsel and a certified grievance committee may share

information with each other or with the disciplinary authority of another state or federal

jurisdiction regarding the review, investigation and consideration of a grievance.

(3) Except as otherwise provided in division (A) of this section, all investigatory

materials prepared in connection with an investigation conducted pursuant to Section 9 of this rule

or submitted with a complaint filed pursuant to Section 10 of this rule shal l be confidential prior

to certification of a formal complaint pursuant to Section 11 of this rule. The materials shall remain

confidential if the complaint is dismissed pursuant to Section 11.

(B) Proceedings Subsequent to Probable Cause. From the time a complaint has been

certified to the Board by a probable cause panel, the complaint and all subsequent proceedings

conducted and documents filed in connection with the complaint shall be public except as follows:

(1) Deliberations by the Board or a hearing panel of the Board shall be confidential.

(2) The report and recommendations of a hearing panel of the Board shall be

confidential until the report of the full Board is filed with the Supreme Court. If the case is

dismissed either by the hearing panel or the Board pursuant to Section 12(G) or (H) of this rule,

any report of the hearing panel shall be public upon the filing of an order of dismissal. The report

and recommendation of the Board shall be confidential until the report is filed with the Supreme

Court.

(3) The summary of investigation prepared by the relator shall be confidential as work-product of the relator. All other investigatory materials and any attachments prepared in

connection with an investigation conducted pursuant to Section 9 of this rule or s ubmitted with a

complaint filed pursuant to Section 10 of this rule shall be discoverable as provided in the Ohio

Rules of Civil Procedure.

(4) The Board-approved alternative-dispute resolution process shall be confidential,

and any knowledge obtained by a mediator or facilitator shall be privileged for all purposes under

Rule 8.3 of the Ohio Rules of Professional Conduct, provided the knowledge was obtained while

the mediator or facilitator was acting as a mediator or facilitator.

Board may file a motion requesting that the Board restrict public access to all or a portion of a

document filed with the Board. Additionally, the chair of a hearing panel or a master may request

that the Board res trict public access to all or a portion of a document filed with the Board. In

considering the motion or request, the Board chair shall apply the standards set forth in Sup. R.

45(E). If the Board chair finds that public access to a document should be re stricted, the order

shall direct the use of the least restrictive means available, including but not limited to redaction

of the information rather than limiting access to the entire document.

(D) Personal Identifiers. A party to a matter pending before the Board shall be

responsible for omitting personal identifiers from a case document filed with the Board, consistent

with Sup. R. 45(D). As used in this rule, “personal identifiers” and “case document” shall have

the same meaning as in Sup. R. 44.

(E) Response to Grievance. Notwithstanding the other provisions of this rule, the

respondent’s reply to the grievance, made during the course of an investigation by the Office of

Disciplinary Counsel or a certified grievance committee, shall be furnished to the grievant without

waiving any other right to confidentiality provided by this rule. If the respondent specifically

requests, in writing, to the Office of Disciplinary Counsel or certified grievance committee that

the reply not be furnished to the grievant, the Office of Disciplinary Counsel or certified grievance

committee shall not furnish the reply to the grievant. Release to the grievant of the respondent’s

reply is, nevertheless, encouraged and consistent with the liberal construction of this rule for the

protection of the public.

(F) Administrative and Financial Records. Except as otherwise provided in this

section or in rules adopted by the Supreme Court, documents and records pertaining to the

administration and finances of the Board and the Office of Disciplinary Counsel, including

budgets, reports, and records of inc ome and expenditures, shall be made available, upon request,

as provided in Sup. R. 45.

Section 9. Filing and Investigation of Grievances.

(A) Referral by Board. The Board may refer to a certified grievance committee or the

Office of Disciplinary Counsel any matter filed with it for investigation as provided in this section.

The Board shall not refer any grievance alleging misconduct based solely on speech or conduct

protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First

Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section

12 of the Ohio Constitution.

(B) Referral by Certified Grievance Committee. If a certified grievance committee

determines in the course of a disciplinary investigation that the matters of alleged misconduct

under investigation are sufficiently serious and complex as to require the assistance of the Office

of Disciplinary Counsel, the chair of the certified grievance committee may direct a written request

for assistance to the disciplinary counsel. The Office of Disciplinary Counsel shall review and

may investigate all matters contained in the request and report the results of the investigation to

the committee that requested it.

(1) The Office of Disciplinary Counsel or a certified grievance committee shall review

and may investigate a grievance that alleges facts that, if substantiated, would constitute

misconduct by a judicial officer or attorney or that alleges facts that, if subst antiated, would

indicate that a judicial officer or attorney is mentally ill, is suffering from alcohol and other drug

abuse, or is suffering from a disorder. The Office of Disciplinary Counsel and a certified grievance

committee shall review and may investigate any matter filed with it or that comes to its attention

and may file a complaint pursuant to this rule in cases where it finds probable cause to believe that

misconduct has occurred or that a condition of mental i llness, alcohol and other drug abuse, or

disorder exists.

(2) A grievance may be dismissed without investigation if the grievance and any

supporting material do not contain an allegation of misconduct, mental illness, alcohol and other

drug abuse, or disorder on the part of a judicial officer or attorney. A grievance shall be dismissed

without investigation if the grievance alleges misconduct based solely on speech or conduct

protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First

Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section

12 of the Ohio Constitution. A certified grievance committee shall not dismiss a grievance without

investigation unless bar counsel has reviewed the grievance.

(D) Time for Investigation. The investigation of grievances by Office of Disciplinary

Counsel or a certified grievance committee shall be concluded within two hundred seventy days

from the date of the receipt of the grievance. A decision as to the disposition of the grievance shall

be made within thirty days after conclusion of the investigation.

(1) Extensions of Time. Upon written request of disciplinary counsel or a certified

grievance committee, the director of the Board may extend the time to complete an investigation

beyond two hundred seventy days in the event of pending litigation, appeals, unusually complex

investigations, including the investigation of multiple grievances, time delays in obtaining

evidence or testimony of witnesses, or for other good cause shown. Disciplinary counsel or the

certified grievance committee shall provide notice of an extension request to the respondent or

respondent’s counsel. No investigation shall be extended beyond one year from the date of receipt

of the grievance. If an investigation is not completed within two hundred seventy days from the

date of filing the grievance or a good cause extension of that time, the director may refer the matter

either to a geographically appropriate certified grievance committee or disciplinary counsel.

(2) Time Limits not Jurisdictional. Time limits set forth in this rule are not

jurisdictional. No investigation or complaint shall be dismissed unless it appears that there has

been an unreasonable delay and that the rights of the respondent to have a fair hearing have been

violated. Inv estigations that extend beyond one year from the date of filing are prima facie

evidence of unreasonable delay.

(E) Retaining Outside Experts. If a particular investigation may benefit from the

services of an independent investigator, auditor, examiner, assessor, or other expert, a certified

grievance committee may submit a written request to the director for permission to retain the

services of the outside expert. The written request shall include a general statement of the purpose

for which the request is being made and an estimate of the fees and costs expected to be incurred.

The outside expert may be retained upon receipt of written approval of the director.

(F) Cooperation with Lawyers’ Fund for Client Protection. Upon the receipt of any

grievance presenting facts that may be the basis for reimbursement from the Lawyers’ Fund for

Client Protection under Gov. Bar R. VIII, the Office of Disciplinary Counsel or a certified

grievance committee shall notify the grievant of the potential right to reimbursement from the fund

and provide the grievant with the forms necessary to initiate a claim with the fund. The Office of

Disciplinary Counsel, a certified grievance committee, a nd the Board shall provide the Board of

Commissioners of the Lawyers’ Fund for Client Protection with findings from investigations,

grievances, or any other records it requests in connection with an investigation under Gov. Bar R.

VIII. The transmittal of confidential information may be delayed pending the termination of the

disciplinary investigation or proceedings.

(G) Duty to Cooperate. The Board, Disciplinary Counsel, and president, secretary, or

chair of a certified grievance committee may call upon any judicial officer or attorney to assist in

an investigation or testify in a hearing before the Board or a panel for which provision is made in

this rule, including mediation and alternative dispute resolution procedures, as to any matter that

he or she would not be bound to claim privilege as an attorney at law. No attorney, and no judicial

officer, except as provided in Rule 3.3 of the Code of Judicial Conduct, shall neglect or refuse to

assist or testify in an investigation or hearing.

(H) Referral of Procedural Questions to Board. In the course of an investigation,

the chair of a certified grievance committee, bar counsel, or Disciplinary Counsel may direct a

written inquiry regarding a procedural question to the director of the Board. Upon receipt of a

written inquiry, the director shall consult with the chair of the Board and respond to the inquiry.

Section 10. Requirements for Filing a Complaint.

(A) Notice of Intent to File. No investigation conducted by disciplinary counsel or a

certified grievance committee shall be completed, and no complaint shall be filed with the Board,

without first giving the judicial officer or attorney who is the subject of the grievance or

investigation a written notice of intent to file a formal complaint and fourteen days to respond to

the notice. The notice of intent shall include both of the following:

(1) A copy of the proposed complaint setting forth each allegation of professional

misconduct;

(2) Information about the Ohio Lawyers Assistance Program or the Ohio Judicial

Advisory Group.

(B) When Filing Complaint Is Barred. No complaint shall be filed by disciplinary

counsel or a certified grievance committee if the complaint alleges misconduct based solely on

speech or conduct protected by the United State s and Ohio Constitutions, including Article I,

Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section

11 or Article II, Section 12 of the Ohio Constitution.

committee with the Board unless two-thirds of a quorum of that committee determines the

complaint is warranted.

(D) Notice of Intent not to File. If, upon review or investigation of a grievance, a

certified grievance committee or the Office of Disciplinary Counsel determines that the filing of a

complaint with the Board is not warranted, the grievant and the judicial officer or attorney shall be

notified in writing of that determination, with a statement of the reasons that a complaint was not

filed with the Board. The written notice provided by a certified grievance committee or the Office

of Disciplinary Counsel shall advise the grievant of the right to have the committee’s or the Office

of Disciplinary Counsel’s determination reviewed pursuant to division (D) of this section and the

steps to obtain such review. Upon request, a certified grievance committee or the Office of

Disciplinary Counsel shall provide the judicial officer or attorney with a copy of the grievance.

(E) Appeal. A grievant who is dissatisfied with a determination by a certified

grievance committee or the Office of Disciplinary Counsel not to file a complaint may secure a

review of the determination by filing a written request with the director of the Board within

fourteen days after the grievant is notified of the determination. The director shall refer the request

for review of the certified grievance committee’s determination to the Office of Disciplinary

Counsel, or, in the case of a conflict, to another certified grievance committee that is nonadjacent

to the certified grievance committee covering the territory in which the attorney lives or practices.

The director shall refer the request for review of the Office of Disciplinary Counsel’s determination

to the certified grievance committee of the Ohio State Bar Association, or, in the case of a conflict,

to another certified grievance committee that is nonadjacent to the certified grievance committee

covering the territory in which the attorney lives or practices. The review shall be considered

promptly, a decision made within thirty days, and the grievant notified. The standard of review

for an appeal shall be abuse of discretion or error of law. Extensions of time for completion of the

review may be granted by the director, upon written request and for good cause shown. No further

review or appeal by a grievant shall be authorized. If the original determination is not affirmed,

any further proceedings shall be handled by the Office of Disciplinary Counsel, the certified

grievance committee of the Ohio State Bar Association, or, in the event of a conflict, another

certified grievance committee that is nonadjacent to the certified grievance committee covering

the territory in which the attorney lives or practices.

(F)(1) Content of the Complaint. A complaint filed with the Board shall be filed in the

name of either disciplinary counsel or the bar association that sponsors the certified grievance

committee, as relator. The complaint shall include all of the following:

(a) Allegations of specific misconduct including citations to the rules allegedly

violated by the respondent, provided that neither the panel nor the Board shall be limited to the

citation to the disciplinary rule in finding violations based on all the evidence if the respondent has

fair notice of the charged misconduct;

(b) If applicable, an allegation of the nature and amount of restitution that may be owed

by the respondent or a statement that the relator cannot make a good faith allegation without

engaging in further discovery;

and the nature of the prior discipline or suspension;

(d) The respondent’s attorney registration number and his or her last known address;

(e) The signatures of one or more attorneys admitted to the practice of law in Ohio,

who shall be counsel for the relator and, where applicable, by bar counsel;

(f) A written certification, signed by disciplinary counsel or the president or chair of

the certified grievance committee, that the counsel are authorized to represent the relator in the

action and have accepted the responsibility of prosecuting the complaint to conclusion. The

certification shall constitute the authorization of the counsel to represent the relator in the action

as fully and completely as if designated and appointed by order of the Supreme Court with all the

privileges and immunities of an officer of the Supreme Court.

(2) The complaint shall not include any documents, exhibits, or other attachments

unless specifically required by Civ. R. 10.

(G) Materials Submitted with the Complaint. The relator shall submit with the

complaint sufficient investigatory materials to demonstrate probable cause. The materials shall

include any response submitted by or on behalf of the respondent to the notice of intent to file

provided by the relator pur suant to section 10(A) and an affidavit from bar counsel or other

appropriate representative of the relator documenting relator’s contacts with or attempts to contact

the respondent prior to filing the complaint. The materials may include investigation reports,

summaries, depositions, statements, and any other relevant material.

Section 11. Probable Cause Determinations; Certification and Service of

Complaints.

(A) Probable Cause Panels. The Board shall establish two probable cause panels to

review each complaint filed with the Board. The chair of the Board shall designate three

commissioners to serve on each panel and shall designate one attorney or judge commissioner as

chair. Each panel shall meet in person or by teleconference pursuant to a schedule established by

the director of the Board. Except as provided in division (B) of this section, the director shall assign

each complaint and the investigatory materials to a probable cause panel for review. Upon review

solely of the complaint and any materials submitted with the complaint pursuant to section 10 of

this rule, the probable cause panel shall make an independent determination of whether probable

cause exists for the filing of a complaint. The panel shall issue an order certifying the complaint,

in whole or in part, to the Board or dismissing the complaint and investigation in its entirety. The

panel shall dismiss any complaint or investigation alleging misconduct based solely on speech or

conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of,

or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article

II, Section 12 of the Ohio Constitution.

(B) Waiver of Probable Cause. If the respondent has expressly waived, in writing,

his or her right to an independent determination of probable cause by the Board, the director shall

immediately certify the complaint to the Board and send a copy of the complaint to the relator and

by electronic service address or certified mail to the respondent.

director shall take the following action based on the order of the probable cause panel:

(1) If the panel certifies the complaint in its entirety, the director shall serve the

complaint on the respondent via electronic service address or certified mail and send a copy to the

relator.

(2) If the panel certifies the complaint in part, the director shall instruct the relator to

prepare and submit a new complaint that conforms to the order of the probable cause panel. Upon

receipt of the new complaint, the director shall serve the complaint on the respondent via electronic

service address or certified mail and send a copy to the relator.

(3) If the panel dismisses the complaint for want of probable cause, the director shall

provide the relator and respondent with notice of dismissal. The notice shall advise the relator of

its ability to appeal the dismissal to the full Board.

(4) Upon certification to the Board, the director shall publish or post a copy of each

complaint on the Board’s web page.

(D) Appeal of Dismissal. Within seven days of receipt of the decision of the probable

cause panel to dismiss the complaint in its entirety, the Office of Disciplinary Counsel or certified

grievance committee may appeal the decision to the full Board by filing a written appeal with the

director of the Board. Upon review solely of the complaint and any materials submitted with the

complaint pursuant to Section 10 of this rule, the Board shall make an independent determination

as to whether probable cause exists for the filing of a complaint. The Board shall issue an order

certifying or dismissing the complaint and notify the relator and respondent of its decision as set

forth in division (C) of this section. There shall be no appeal from the decision of the Board.

(E) Retention and Destruction of Probable Cause Materials. The director shall

retain the complaint, summary of investigation, and attached investigatory materials until such

time as a probable cause panel makes a final determination regarding certification of the complaint,

until the time for appealing a dismiss al of the complaint has expired, or until the Board issues an

order regarding any appeal of a dismissal, whichever is later. After a final determination regarding

probable cause has been made by a panel or the Board, the director shall dispose of all documents

and investigatory materials, other than the formal complaint certified to the Board. File destruction

shall be conducted in a manner that ensures confidentiality.

Section 12. Proceedings Before the Board on Certified Complaints.

(A) Manner of Discipline. Any judicial officer or attorney found guilty of misconduct

shall be disciplined as follows:

(1) Disbarment from the practice of law;

(2) Suspension from the practice of law for an indefinite period subject to reinstatement

as provided in Section 25 of this rule;

(3) Suspension from the practice of law for a period of six months to two years subject

to a stay in whole or in part;

(4) Probation for a period of time upon conditions as the Supreme Court determines,

but only in conjunction with a suspension ordered pursuant to division (A)(3) of this section;

(5) Public reprimand.

(B) Disbarment or Resignation. A person who is disbarred, who has resigned with

discipline pending, or who has retired from the practice of law on or after September 1, 2007 shall

not be readmitted to the practice of law in Ohio.

time for filing an answer has elapsed, the director shall appoint a hearing panel consisting of three

commissioners chosen by lot from commissioners who did not serve on the probable cause panel.

The director shall designate one attorney or judge commissioner to serve as chair of the panel. No

member of the hearing panel shall be a resident of the appellate district from which the complaint

originated. Not more than one nonattorney shall serve on any hear ing panel. A majority of the

panel shall constitute a quorum. The panel chair shall rule on all motions and interlocutory matters.

No ruling by the panel chair on a motion or interlocutory matter may be appealed other than in

response to a show cause order issued by the Supreme Court.

(D) Notice to Respondent upon Filing of the Complaint. The director of the Board

shall send a copy of the complaint by electronic service address or certified mail to the respondent

with a notice requiring the respondent to file, within twenty days after the mailing of the notice,

the respondent’s answer and s erve copies of the answer on counsel of record named in the

complaint. Extensions of time for the filing of the answer may be granted by the director for good

cause shown.

(E) Amendments to the Complaint. The relator may file an amended complaint,

without filing a motion for leave to amend, prior to the filing of an answer by the respondent. After

an answer has been filed, the relator may file an amended complaint only upon leave of the panel

chair or the written consent of the respondent. The panel chair may grant the motion for leave to

amend for only good cause shown. The amended complaint shall be filed and served as set forth

in this rule. The amended complaint shall not be subject to probable cause review.

(F) Hearing. Upon reasonable notice and at a time and location set by the panel chair

pursuant to the regulations of the Board, the panel shall hold a formal hearing on the complaint.

Requests for continuances may be granted by the panel chair for good cause shown. All hearings

shall be recorded by a court reporter provided by the Board and a transcript filed with the director.

(G) Authority of Hearing Panel; Dismissal. If, at the end of the evidence presented

by the relator or of all evidence, a unanimous hearing panel finds that the evidence is insufficient

to support a charge or count of misconduct, or that it is based solely on speech or conduct protected

by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First

Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section

12 of the Ohio Constitution, the panel shall order on the record or in its report that the complaint

or count be dismissed. If a unanimous hearing panel dismisses a complaint in its entirety, the

director shall send a dismissal entry to the relator, respondent, and all counsel of record.

(H) Referral by Panel. In the alternative, if the hearing panel determines that findings

of fact and recommendations for dismissal should be referred to the Board for review and action

by the full Board, the panel may submit its findings of fact to the Board and may recommend

dismissal in the same manner as provided in this rule with respect to public reprimand, probation,

suspension, or disbarment. If the Board dismisses a complaint in its entirety, the director shall

send a dismissal entry to relator, respondent, and counsel of record.

(I) Public Reprimand, Probation, Suspension, or Disbarment; Duty of Hearing

Panel. If the hearing panel determines, by clear and convincing evidence, that respondent is guilty

of misconduct and that a public reprimand, suspension for a period of six months to two years,

probation, suspension for an indefinite period, or disbarment is m erited, the hearing panel shall

submit a report of its findings of fact, conclusions of law, and recommended sanction to the

director. If applicable, the panel shall include in its report any conditions of probation, a stayed

suspension, or reinstatement to the practice of law. Such conditions may include a requirement

that the respondent or petitioner take and receive a passing score on the Multistate Professional

Responsibility Examination.

(J) Review by Entire Board. After review, the Board may refer the matter to the

hearing panel for further hearing, order a further hearing before the Board, or proceed on the report

of the prior proceedings before the hearing panel. After the final review, the Board may dismiss

the complaint or find that the respondent is guilty of misconduct. The Board shall dismiss the

complaint if the allegation of misconduct is based solely on speech or conduct protected by the

United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment

to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the

Ohio Constitution. If the complaint is dismissed, the dismissal shall be reported to the director of

the Board, who shall notify the same persons and organizations that would have received notice if

the complaint had been dismissed by the hearing panel.

(K) Public Reprimand; Probation, Suspension, or Disbarment; Duty of Board

after Review. If the Board determines that a public reprimand, suspension for a period of six

months to two years, probation, suspension for an indefinite period, or disbarment is merited, the

Board shall file a certified report of its proceedings, including its findi ngs of fact, conclusions of

law, and recommended sanction, with the clerk of the Supreme Court. The report shall include

the record of proceedings before the Board, a transcript of testimony taken, if any, and an itemized

statement of the actual and necessary expenses incurred in connection with the proceedings. The

Board forthwith shall notify the respondent and all counsel of record of the action, enclosing with

the notice a copy of the Board’s report and a copy of the statement of the actual and necess ary

expenses incurred.

Section 13. Aggravating and Mitigating Factors.

(A) In General. Each disciplinary case involves unique facts and circumstances. In

striving for fair disciplinary standards, the Board shall give consideration to specific professional

misconduct and to the existence of aggravating or mitigating factors. In determinin g the

appropriate sanction, the Board shall consider all relevant factors, precedent established by the

Supreme Court of Ohio, and the aggravating and mitigating factors set forth in this section.

(B) Aggravation. Exercising the right to defend oneself against disciplinary charges

is not an aggravating factor. The following shall not control the discretion of the Board, but may

be considered in favor of recommending a more severe sanction:

(1) Prior disciplinary offenses;

(2) A dishonest or selfish motive;

(3) A pattern of misconduct;

(4) Multiple offenses;

(5) An unreasonable lack of cooperation in the disciplinary process;

(6) The submission of false evidence, false statements, or other deceptive practices

during the disciplinary process;

(7) A refusal to acknowledge wrongful nature of conduct;

(8) The vulnerability of and resulting harm to victims of the misconduct;

(9) A failure to make restitution;

(10) Exercising the right to defend oneself against disciplinary charges is not an

aggravating factor.

be considered in favor of recommending a less severe sanction:

(1) The absence of a prior disciplinary record;

(2) The absence of a dishonest or selfish motive;

(3) A timely, good faith effort to make restitution or to rectify consequences of

misconduct;

(4) Full and free disclosure to the Board or cooperation with the proceedings;

(5) Character or reputation;

(6) Imposition of other penalties or sanctions;

(7) Existence of a disorder when there has been all of the following:

(a) A diagnosis of a disorder by a qualified health care professional or qualified

chemical dependency professional;

(b) A determination that the disorder contributed to cause the misconduct;

case of substance use disorder or nonsubstance-related disorder, a certification of successful

completion of an approved treatment program;

(d) A prognosis from a qualified health care professional or qualified chemical

dependency professional that the attorney will be able to return to competent, ethical professional

practice under specified conditions.

(8) Other interim rehabilitation;

(9) In the case of an elected or appointed judge, a voluntary resignation from judicial

office prior to the commencement of the judge’s disciplinary hearing before the Board.

Section 14. Default; Interim Default Suspension.

(A) Certification of Default. If the respondent has not filed an answer to a complaint

on or before the answer date set forth in the notice to the respondent of the filing of the complaint

or any extension of the answer date, the director of the Board shall provide the relator and

respondent, in writing, a notice of intent to certify respondent’s default to the Supreme Court. The

certification of default shall be filed fourteen days after the notice of intent to certify unless the

respondent files an answer prior to expiration of the fourteen-day period. The certification shall

include a copy of the formal complaint pending before the Board and either a certificate indicating

that the complaint has been served on the respondent or a certificate indicating that the complaint

has been served on the clerk of the Supreme Court pursuant to section 27 of this rule.

(B)(1) Entry of Interim Default Suspension. Upon receipt of the certification, the

Supreme Court shall issue the respondent an order to show cause why an interim default

suspension shall not be entered. Notice of the order to show cause shall be served by the clerk of

the Supreme Court as set forth in section 17 of this rule, and any response to the order and answer

briefs may be filed as set forth in section 17 of this rule. Upon receipt of a response or expiration

of the time for objections, the Court may enter an order it considers appropriate, including an order

immediately suspending the respondent from the practice of law. Upon entry of an order

suspending the respondent pursuant to this section, the clerk of the Supreme Court shall mail

certified copies of the order as provided in section 17 of this rule.

(2) If the relator determines that the respondent owes restitution to clients or third

parties as a result of the misconduct alleged in the formal complaint, the relator shall file a notice

of restitution owed with the Supreme Court. The notice of restitution owed shall be filed within

ninety days of the date of the entry of an interim default suspension and shall be accompanied by

sworn or certified documentary prima facie evidence in support of the claim of restitution. If

relator files a motion to initiate default proceedings pursuant to d ivision (D) of this section, the

relator shall allege any claim of restitution owed in its motion and present evidence to the Board

on remand in support of that claim.

interim default judgment suspension, the respondent may file a motion with the Supreme Court

for leave to file an answer to the complaint pending before the Board. The motion shall include a

copy of the respondent’s answer as an attachment. The motion may include a request from the

respondent to terminate the interim default suspension for good cause shown. Upon receipt of the

motion and any response from the relator, the Court may grant the motion and remand the matter

to the Board for further proceedings under section 12 of this rule. The order remanding the matter

to the Board shall indicate that the interim default judgment suspension either remains in place

while proceedings are pending before the Board or is terminated for good cause shown.

(D) Motion to Initiate Default Proceedings. Within ninety days of the date of the

entry of an interim default judgment suspension, the relator may file a motion with the Supreme

Court to have the case remanded to the Board for the purpose of seeking the permanent disbarment

of the respondent. Upo n receipt of the motion, the Court may grant the motion and remand the

matter to the Board for default proceedings pursuant to division (F) of this section. The order

remanding the matter to the Board shall indicate that the interim default judgment suspe nsion

remains in place while proceedings are pending before the Board.

(E)(1) Indefinite Suspension; Restitution. If the respondent has not filed a timely

motion for leave to answer pursuant to division (C) of this section or if the relator has not filed a

timely motion to initiate disbarment proceedings pursuant to division (D) of this section, the Court

shall issue the respondent an order to show cause why the interim default judgment suspension

should not be converted into an indefinite suspension. If the relator has filed a notice and

supporting evidence pursuant to division (B)(2) of this section, the order sha ll also direct the

respondent to show cause why the respondent should not be ordered to pay restitution in

accordance with relator’s notice and evidence. Notice of the order to show cause shall be served

by the clerk of the Supreme Court as set forth in section 17 of this rule, and any response to the

order and answer briefs may be filed as set forth in section 17 of this rule. Upon receipt of a

response or expiration of the time for objections, the Court may enter an order it considers

appropriate, including an order immediately converting the interim default suspension into an

indefinite suspension and ordering the payment of restitution.

(2) Further proceedings to terminate the indefinite suspension and reinstate the

respondent to the practice of law shall be conducted pursuant to section 25 of this rule, except that

the respondent may file a petition for reinstatement no earlier than two years after the date of the

entry of the interim default judgment suspension pursuant to division (B)(1) of this section.

(F) Default Proceeding. Within thirty days of the issuance of a remand order pursuant

to division (D) of this section, the relator shall file a motion for default with the Board. Prior to

filing a motion for default, relator shall make reasonable efforts to contact the respondent.

(1) Motion. A motion for default shall contain all of the following:

(a) An affidavit from bar counsel or other appropriate representative of the relator

documenting the efforts made to contact the respondent and the result;

(b) Sworn or certified documentary prima facie evidence in support of the allegations

made;

on the misconduct alleged in the complaint and case law in support of the recommendation;

(d) A statement of any aggravating or mitigating factors of which the relator is aware;

(e) A certificate of service of the motion on respondent at the address shown for the

respondent on the records of the Supreme Court and at the last address known to the relator, if

different.

(2)(a) Disposition. The director of the Board shall refer the motion for default to a judge

or attorney commissioner or Board-appointed master who shall rule on the motion. A

commissioner or master appointed to rule on the motion for default shall rule on all motions and

interlocutory matters, and no ruling by the commissioner or master on a motion or interlocutory

matter may be appealed prior to entry of the final order. If a motion for default is granted, the

commissioner or master shall prepare a certified report for review by the Board. After review, the

Board shall file a final certified report in accordance with section 12(K) of this rule finding one of

the following:

(i) That the relator has failed to establish the allegations of the complaint by clear and

convincing evidence and recommending that the complaint be dismissed and that the Court enter

an order terminating the interim default judgment suspension;

(ii) That there is clear and convincing evidence to establish that respondent is guilty of

misconduct and recommending the respondent be indefinitely suspended from the practice of law,

subject to reinstatement as provided in section 25 of this rule;

(iii) That there is clear and convincing evidence to establish that respondent is guilty of

misconduct and recommending the respondent be disbarred.

(b) If the Supreme Court grants a motion for leave to answer and remands the matter

to the Board pursuant to division (C) of this section, the chair of the Board shall set aside a default

entry and order a panel hearing at any time before the report and recommendation of the Board are

certified to the Supreme Court.

(G) Duty of Relator. The relator shall have a continuing duty to preserve evidence

necessary to establish the misconduct alleged in the complaint filed with the Board.

Section 15. Impairment Suspension; Termination of Suspension.

(A) Suspension Based on Adjudication of Mental Illness.

(1) After an answer has been filed or the time for filing an answer has elapsed, the

Board forthwith shall certify a complaint to the Supreme Court if the complaint, answer, or other

subsequent pleading alleges mental illness that substantially impairs the abi lity of the respondent

to practice law and is supported by a certified copy of a journal entry of a court of competent

jurisdiction adjudicating mental illness.

(2) Upon receipt of a certified complaint pursuant to division (A)(1) of this section, the

Supreme Court may suspend the respondent from the practice of law.

(B) Suspension Based on Order of Treatment for Alcohol and Other Drug Abuse.

(1) After an answer has been filed or the time for filing an answer has elapsed, the

Board forthwith shall certify a complaint to the Supreme Court if the complaint, answer, or

subsequent pleading alleges the existence of alcohol or other drug abuse that substantially impairs

the ability of the respondent to practice law and is supported by a certified copy of a journal entry

of a court of competent jurisdiction issued pursuant to R.C. 5119.93.

(2) Upon receipt of a certified complaint pursuant to division (B)(1) of this section, the

Supreme Court may suspend the respondent from the practice of law.

(1) The Board or hearing panel, on its own motion or motion of either party, may order

a medical, psychological, or psychiatric examination of the respondent if any of the following

applies:

(a) The complaint, answer, or any subsequent pleading alleges an existing mental

illness, alcohol and other drug abuse, or disorder that substantially impairs the ability of the

respondent to practice law but is unsupported by a journal entry of a court of com petent

jurisdiction;

(b) Mental illness, alcohol and other drug abuse, or disorder that substantially impairs

the ability of the respondent to practice law otherwise is placed in issue.

(2) The medical, psychological, or psychiatric examination of respondent shall be

conducted by one or more physicians or psychologists designated by the Board or hearing panel.

The findings of the physician or psychologist shall be presented to the Board or h earing panel as

evidence and made available to both parties. The parties shall have an opportunity to file objections

to the findings, and the hearing panel may conduct a hearing on the objections. After a hearing or

if no objections are filed, the hearing panel shall prepare and submit a report and recommendation

with the Board. The report may include a recommendation that the respondent be placed on an

impairment suspension.

(3) If, after reviewing the report of the hearing panel, the Board concludes the record

establishes that the respondent suffers from mental illness, alcohol and other drug abuse, or a

disorder that substantially impairs the ability of the respondent to practic e law, the Board shall

prepare and certify a report and the record of the proceedings to the Supreme Court. The Board

report shall be a matter of public record and shall be docketed by the clerk, but the report shall not

be published or posted on the Supre me Court’s web site. The Supreme Court may suspend the

respondent from the practice of law and order the respondent’s registration status changed to

“ineligible.” If the Court orders an impairment suspension under this section, further proceedings

before the Board on any misconduct alleged in the formal complaint shall be stayed until such time

as the respondent applies to the Board to have the impairment suspension terminated and a hearing

panel determines that the application should be granted.

(D) Duty of Clerk on Entering Order. Upon the entry of a suspension order under

this section, the clerk of the Supreme Court shall mail certified copies of the order as provided in

section 17 of this rule. A copy of the order shall be provided to the Office of Attorney Services,

and the registration status of respondent shall be designated as “ ineligible.” The order shall be a

matter of public record and shall be docketed by the clerk, but the order shall not be published or

posted on the Supreme Court’s web site.

(E) Termination. A suspension under this section may be terminated on application

of the respondent to the Board and a showing of removal of the cause for the suspension. The

director of the Board shall assign the application to a hearing panel. If the hearing panel find s by

clear and convincing evidence that the suspension should be terminated and if the adjudication of

a complaint alleging misconduct has been stayed as a result of the imposition of the suspension,

the hearing panel shall conduct proceedings on the compl aint in accordance within section 12 of

this rule. The hearing panel shall prepare a written report of its findings and a recommendation

with regard to the termination of the suspension and the disposition of any misconduct alleged in

the formal complaint, including a recommended sa nction for the misconduct that is found. The

report of the hearing panel shall be submitted to the Board, and the report of the Board and the

record of the proceedings shall be certified to the Supreme Court.

Section 16. Consent to Discipline.

(A) Content of Agreement. The relator and respondent may enter into a written

agreement wherein the respondent admits to alleged misconduct and the relator and respondent

agree upon a sanction, other than an indefinite suspension or disbarment, to be imposed for that

misconduct. The written agreement may be entered into after a complaint is certified by the Board,

but no later than ninety days after appointment of a hearing panel. The written agreement shall be

signed by the respondent, respondent’s counsel, if the respondent is rep resented by counsel, and

relator, and shall include all of the following:

(1) An admission by the respondent, conditioned upon acceptance of the agreement by

the Board, that the respondent committed the misconduct listed in the agreement;

(2) The sanction agreed upon by the relator and respondent for the misconduct admitted

by the respondent and any case law that supports the agreed sanction;

(3) Any aggravating and mitigating factors, including but not limited to those listed in

section 13, that are applicable to the misconduct and agreed sanction;

(4) An affidavit of the respondent that includes all of the following statements:

(a) That the respondent admits to having committed the misconduct listed in the

agreement, that grounds exist for imposition of a sanction against the respondent for the

misconduct, and that the agreement sets forth all grounds for discipline currently pendin g before

the Board;

(b) That the respondent admits to the truth of the material facts relevant to the

misconduct listed in the agreement;

(d) That the respondent’s admissions and agreement are freely and voluntarily given,

without coercion or duress, and that the respondent is fully aware of the implications of the

admissions and agreement on respondent’s ability to practice law in Ohio;

(e) That the respondent understands that the Supreme Court of Ohio has the final

authority to determine the appropriate sanction for the misconduct admitted by the respondent.

(B) Exceptions. The relator and respondent shall not enter into a consent-to-discipline

agreement if the respondent is either of the following:

(1) A judicial officer;

(2) A public official who engaged in misconduct while serving in an elected public

office.

the director of the Board and submitted to the hearing panel. The relator and respondent may file

a brief in support of the agreement. The panel chair may order the relator and respondent to

supplement the agreement with additional information or exhibits to facilitate the hearing panel’s

consideration of the agreement. If the hearing panel, by majority vote, recommends acceptance of

the agreement and concurs in the agreed sanction, the matter shall be scheduled for conside ration

by the Board. If the agreement is not accepted by the hearing panel, the matter shall be set for

hearing.

(D) Board Consideration of the Agreement. If the agreement is submitted to the

Board, the Board, by two-thirds vote, may accept or reject the agreement. If the Board accepts the

agreement, the agreement shall form the basis for the certified report submitted to the Supreme

Court. If the Board rejects the agreement, the matter shall be returned to the hearing panel and set

for a hearing.

(E) Rejected Agreement Not Admissible. If the agreement is not accepted by the

hearing panel, the Board, or the Supreme Court, the agreement shall not be admissible or otherwise

used in subsequent disciplinary proceedings.

Section 17. Supreme Court Review of Certified Report; Orders; Costs;

Publication.

(A) Show Cause Order. Upon receipt of a final report of the Board, the Supreme Court

shall issue the respondent an order to show cause why the report of the Board shall not be

confirmed, and a disciplinary order entered. Notice of the order to show cause shall be served by

the clerk of the Supreme Court on the respondent and all counsel of record personally or by

electronic service address or certified mail. The clerk shall not issue a sh ow cause order upon

receipt of a report recommending the acceptance of a consent to discipline agreement.

(B)(1) Response to Show Cause Order. Within twenty days after the issuance of an

order to show cause, the respondent or relator may file objections to the findings or

recommendations of the Board and to the entry of a disciplinary order or to the confirmation of

the report on which the order to show cause was issued. The objections shall be accompanied by

a brief in support of the objections and proof of service of copies of the objections and the brief on

all counsel of record. Objections and briefs shall be filed in the number and form re quired by the

Rules of Practice of the Supreme Court of Ohio.

(2)(i) In lieu of objections, the respondent and relator, individually or jointly, may file a

no-objection brief in support of the recommended sanction of the Board within twenty days of the

issuance of an order to show cause. Upon filing of a joint no-objection brief, the case shall

immediately be submitted to the Supreme Court for consideration.

(ii) A no-objection brief shall not exceed ten pages in length. The brief shall not, in any

way or manner, make any argument opposed to any fact, finding, analysis, argument, or

recommendation found or made in the report of the Board or make any argument in support of any

recommendation not made in the report. No answering or responsive briefs may be filed in

response to a no-objection brief.

(iii) If a no-objection brief violates the prohibitions of division (B)(2)(ii) of this section,

the Court shall strike the brief in its entirety and assess the party or parties that filed the brief a fine

not to exceed $1000 beyond any costs incurred to that date.

(3) In lieu of objections or a no-objection brief, the respondent and relator may file a

joint waiver of objections within twenty days of the issuance of an order to show cause. Upon

filing of a joint waiver of objections, the case shall immediately be submitted to the Supreme Court

for consideration.

days after briefs in support of objections have been filed. All briefs shall be filed in the number

and form required by the Rules of Practice of the Supreme Court of Ohio.

(D) Supreme Court Proceedings.

(1) After consideration of a matter submitted to it, the Supreme Court shall enter an

order as it finds proper. A disciplinary order may include an order directing the respondent to make

restitution to a client or other third-party. If the Court rejects a cons ent to discipline agreement

submitted pursuant to section 16 of this rule, the Court shall remand the matter to the Board for

further proceedings.

(2) Unless otherwise ordered by the Court, any disciplinary order or order accepting

resignation shall be effective on the date that the order is announced. The order may provide for

reimbursement of costs and expenses certified by the Board. An order imposing a suspension for

an indefinite period or for a period of six months to two years may allow full or partial credit for

any period of suspension imposed under sections 14, 15, or 18 of this rule.

(E) Notice and Publication.

(1) Upon the entry of any disciplinary order pursuant to this rule or the acceptance of

a resignation from the practice of law, the clerk of the Supreme Court shall mail certified copies

of the entry or acceptance to counsel of record, to respondent at the r espondent’s last known

address, to the Office of Disciplinary Counsel, to the certified grievance committee for and the

local bar association of the county or counties in which the respondent resides and maintains an

office and the county or counties from which the complaint arose, to the Ohio State Bar

Association, to the administrative judge of the court of common pleas for each county in which

the respondent resides or maintains an office, and to the chief judges of the United States District

Courts in O hio, the United States Court of Appeals for the Sixth Circuit, to the disciplinary

authority of any other jurisdiction in which the respondent is known to be admitted, and to the

Supreme Court of the United States.

(2) Except as provided in section 15 of this rule, the Supreme Court Reporter shall

publish any disciplinary order or acceptance of a resignation from the practice of law entered by

the Supreme Court under this rule in the Ohio Official Reports. The publication shall include the

citation of the case in which the disciplinary order or the acceptance of a resignation was issued.

Section 18. Interim Suspension for a Felony Conviction or Default Under a Child

Support Order.

(A)(1) Interim Suspension. A judicial officer or an attorney admitted to the practice of

law in Ohio shall be subject to an interim suspension under either of the following circumstances:

(a) The judicial officer or attorney is convicted in Ohio of a felony or of an equivalent

offense under the laws of any other state or federal jurisdiction;

(b) A final and enforceable determination has been made pursuant to Chapter 3123. of

the Revised Code that the judicial officer or attorney is in default under a child support order.

(2) A certified copy of the entry of conviction of a judicial officer or an attorney of a

felony offense shall be transmitted within ten days of the date of the entry by the judge entering

the judgment to the director of the Board and to the Office of Disciplinary Counsel or the president,

secretary, or chair of the geographically appropriate certified grievance committee. A certified

copy of the court or child support enforcement agency determination that a judicial officer or

attorney is in default under a child support order shall be transmitted as provided in R.C. 4705.021.

(3) Upon receipt from any source of a certified copy of the entry of conviction or of

the determination of default under a child support order, the director promptly shall submit the

entry or determination to the Supreme Court. The entry shall be submitted whether the conviction

resulted from a plea of guilty or nolo contendere, from a verdict after trial, or otherwise and

regardless of the pendency of an appeal.

(4) The Supreme Court may enter an order as it considers appropriate, including an

order immediately suspending the judicial officer or attorney from the practice of law pending

further proceedings pursuant to these rules.

(B) Conclusive Evidence. A certified copy of the entry of conviction of an offense or

of a determination of default under a child support order shall be conclusive evidence of the

commission of that offense or of the default in any disciplinary proceedings instituted against a

judicial officer or an attorney based upon the conviction or default.

or an attorney based on a conviction of an offense or on default under a child support order shall

not be brought to hearing until all direct appeals from the conviction or proceedings directly related

to the default determination are concluded.

(D)(1) Reinstatement. A judicial officer or an attorney suspended under this rule or Rule

II of the Supreme Court Rules for the Government of the Judiciary of Ohio shall be reinstated by

the Supreme Court upon the filing with and submission to the Supreme Court by the directo r of

any of the following:

(a) A certified copy of an entry reversing the conviction of the offense;

(b) A certified copy of an entry reversing the determination of default under a child

support order;

or attorney 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 curre nt support or any

arrearage due under the child support order that was in default and is complying with that notice

or order.

(2) Reinstatement shall not terminate any pending disciplinary proceeding.

(E) Duty of Clerk on Entering Order. Upon the entry of an order suspending or

reinstating a judicial officer or an attorney pursuant to this section, the clerk of the Supreme Court

shall mail certified copies of the order as provided in section 17 of this rule.

Section 19. Interim Remedial Suspension.

(A)(1) Motion; Response. Upon receipt of substantial, credible evidence demonstrating

that a judicial officer or attorney has committed a violation of the Code of Judicial Conduct or

Ohio Rules of Professional Conduct and poses a substantial threat of serious harm to the public,

the Office of Disciplinary Counsel or appropriate certified grievance committee shall do both of

the following:

(a) Prior to filing a motion for an interim remedial suspension, make a reasonable

attempt to provide the judicial officer or attorney with notice, which may include notice by

telephone, that a motion requesting an order for an interim remedial suspension will be filed with

the Supreme Court.

(b) File a motion with the Supreme Court requesting that the Court order an interim

remedial suspension. The Office of Disciplinary Counsel or appropriate certified grievance

committee shall include, in its motion, proposed findings of fact, proposed conclusions of law, and

other information in support of the requested order. Evidence relevant to the requested order shall

be attached to or filed with the motion. The motion may include a request for an immediate,

interim remedial suspension pursuant to the Rules of Practice of the Supreme Court of Ohio. The

motion shall include a certificate detailing the attempts made by the relator to provide advance

notice to the respondent of the relator’s intent to file the motion. The motion also shall include a

certificate of service on the respondent at the most recent address provided by the respondent to

the Office of Attorney Services and at the last address of the respondent known to the relator, if

different.

(2) After the filing of a motion for an interim remedial suspension, the respondent may

file a memorandum opposing the motion in accordance with the Rules of Practice of the Supreme

Court of Ohio. The respondent shall attach to or file with the memorandum any rebuttal evidence.

(B) Order. Upon consideration of the motion and any memorandum opposing the

motion, the Supreme Court may enter an interim remedial order immediately suspending the

respondent, pending final disposition of disciplinary proceedings predicated on the conduct

threatening the serious harm or may order other action as the Court considers appropriate. If

requested by the relator, the Supreme Court may order an immediate interim remedial suspension,

prior to receipt of a memorandum opposing the relator’s motion, pursuant to the Rules of Practice

of the Supreme Court of Ohio. If an order is entered pursuant to this division, an attorney may be

appointed pursuant to section 26 of this rule to protect the interest of the suspended attorney’s

clients.

(C)(1) Motion for Dissolution or Modification of the Suspension. The respondent may

request dissolution or modification of the order of suspension by filing a motion with the Supreme

Court. The motion shall be filed within thirty days of entry of the order imposing the suspension,

unless the respondent first obtains leave of the Supreme Court to file a motion beyond that time.

The motion shall include a statement and all available evidence as to why the respondent no longer

poses a substantial threat of serious harm to the public. A copy of the motion shall be serve d by

the respondent on the relator. The relator shall have ten days from the date the motion is filed to

file a response to the motion. The Supreme Court promptly shall review the motion after a response

has been filed or after the time for filing a response has passed.

(2) In addition to the motion allowed by division (C)(1) of this section, the respondent

may file a motion requesting dissolution of the interim remedial suspension order, alleging that

one hundred eighty days have elapsed since the entry of the order and the relator has failed to file

with the Board a formal complaint predicated on the conduct that was the basis of the order. A

copy of the motion shall be served by the respondent on the relator. The relator shall have ten days

from the date the motion is fil ed to file a response to the motion. The Supreme Court promptly

shall review the motion after a response has been filed or after the time for filing a response has

passed.

(D) Procedure. The Rules of Practice of the Supreme Court of Ohio shall apply to

interim remedial suspension proceedings filed pursuant to this section.

(E) Duty of Clerk on Entering Order. Upon the entry of an order suspending or

reinstating the respondent pursuant to this section, the clerk of the Supreme Court shall mail

certified copies of the order as provided in section 17 of this rule.

Section 20. Reciprocal Discipline.

(A) Notification of Disciplinary Action. Within thirty days of the issuance of a

disciplinary order in another jurisdiction, an attorney admitted to the practice of law in Ohio shall

provide written notification to the Office of Disciplinary Counsel and the clerk of the Supreme

Court of the act ion. Upon receiving notice from the attorney or another party that an attorney

admitted to the practice of law in Ohio has been subjected to discipline in another jurisdiction, the

Office of Disciplinary Counsel shall obtain a certified copy of the discip linary order and file the

copy with the clerk of the Supreme Court.

(B)(1) Show Cause Order. Upon receipt of a certified copy of an order demonstrating

that an attorney admitted to the practice of law in Ohio has been subjected to discipline in another

jurisdiction, the Supreme Court shall issue a notice directed to the attorney containing both of the

following:

(a) A copy of the order from the other jurisdiction;

(b) An order directing that the attorney notify the Supreme Court, within twenty days

from the service of notice, of any claim by the attorney predicated upon the grounds set forth in

division (C)(1) of this section that the imposition of the identical or comparable discipline in Ohio

would be unwarranted and the reasons for that claim.

(2) If the attorney files a response to a show cause order, Office of Disciplinary Counsel

or a certified grievance committee may file a reply to the response within fifteen days.

(1) After service of the notice issued pursuant to division (B)(1) of this section, the

Supreme Court shall impose the identical or comparable discipline imposed in the other

jurisdiction, unless the attorney proves either of the following by clear and convincing evidence:

(a) A lack of jurisdiction or fraud in the other jurisdiction’s disciplinary proceeding;

(b) That the misconduct established warrants substantially different discipline in Ohio.

(2) Reciprocal discipline may be imposed even if the term of the attorney’s discipline

in the other jurisdiction has expired. In determining whether to impose reciprocal discipline after

the attorney’s discipline in the other jurisdiction has expired, the Sup reme Court may consider

whether the attorney provided timely written notification pursuant to division (A) of this section

and, if the attorney delayed in providing written notification, whether the delay in notification was

caused by factors beyond the attorney’s control.

(3) Reciprocal discipline shall be effective on the date it is announced by the Supreme

Court.

(D) Res Judicata. In all other respects, a final adjudication in another jurisdiction that

an attorney has been subjected to discipline shall establish conclusively the misconduct for

purposes of a disciplinary proceeding in Ohio.

(E) Enhancement of Sanction. If an attorney fails to report to the Office of

Disciplinary Counsel and to the clerk of the Supreme Court that he or she has been subjected to

discipline in another jurisdiction, the Supreme Court may enhance the sanction that it would have

imposed had the attorney complied with division (A) of this section.

(F) Court Discretion. The Supreme Court may make its determination under this

section from the pleadings filed, or may permit or require briefs or a hearing or both.

Section 21. Probation Procedures.

(A) Supervision. If the disciplinary order entered by the Supreme Court imposes a

term of probation, the relator shall do all of the following:

(1) Supervise the term and conditions of probation;

(2) Maintain the probation file;

(3) Appoint, in any manner it considers appropriate, one or more monitoring attorneys

who are admitted to the practice of law in Ohio and in good standing and are not members of a

certified grievance committee or counsel for the relator and select one or more replacement

monitoring attorneys, if necessary;

(4) Receive reports from the monitoring attorneys;

(5) Investigate reports of probation violations.

(6) If the probation involves recovery from a disorder, select as one of the monitoring

attorneys a person designated by a committee or subcommittee of a bar association, or by a non -

profit corporation established by a bar association, designed to assist lawyers with disorders, which

person shall satisfy the requirements of division (A)(3) of this section and who shall monitor

compliance with only that portion of the term of probation involving recovery from a disorder.

(B) Monitoring. The monitoring attorney shall, with respect to those aspects of the

terms of probation assigned to that attorney, do all of the following:

(1) Monitor compliance by the respondent with the conditions of probation imposed

by the Supreme Court;

(2) File with the relator, at least quarterly or as otherwise determined by the relator,

written, certified reports regarding the status of the respondent and compliance with the conditions

of probation;

(3) Immediately report to the relator any violations by the respondent of the conditions

of probation.

(1) Have a personal meeting with the monitoring attorneys at least once each month

during the first year of probation, and at least quarterly thereafter, unless the monitoring attorneys

require more frequent meetings;

(2) Provide the monitoring attorneys with a written release or waiver, on a form

approved by the Board, for use in verifying compliance regarding medical, psychological, or other

treatment and attendance at self-help programs;

(3) Cooperate fully with the efforts of each monitoring attorney to monitor the

respondent's compliance.

(D) Termination of Probation. At the expiration of the probation period, the

respondent shall apply for termination of probation. The application shall be in writing and filed

with the clerk of the Supreme Court. The application shall indicate the date probation was ordered,

include an affidavit by respondent stating that the respondent has complied with the conditions of

probation, indicate whether any formal disciplinary proceedings are pending against the

respondent, and request termination of probation. The Supreme Court shall order the termination

of probation if all costs of the proceedings as ordered by the Supreme Court have been paid, the

respondent has complied with the conditions of probation, and no formal disciplinary proceedings

are pending against the respondent. The clerk of the Supreme Court shall provide notice of the

termination of probation to all perso ns and organizations who received copies of the disciplinary

order pursuant to section 17 of this rule.

(E) Violation of Probation; Authority and Duty of Relator. The relator immediately

shall investigate any report of a violation of the conditions of probation by the respondent. If it

finds probable cause to believe that a significant or continuing violation of the conditions of

probation has occurred, it shall notify the respondent of the report of probation violation and

provide an opportunity to respond to the report. Thereafter, if warranted, the relator shall file a

petition for the revocation of probation, reinstatement of any stayed suspension, and citati on for

contempt with the director of the Board within thirty days after its receipt of the report, in the same

manner as provided in section 10 of this rule. If, upon investigation of a report of a violation of

probation, the relator determines that the filing of a petition for revocation of probation with the

director of the Board is not warranted, the person reporting the alleged violation of probation shall

be notified in writing of that determination.

(F) Duty of the Board upon Filing of Petition. Upon receipt of a petition for

revocation of probation, the director of the Board shall send a copy of the petition by electronic

service address or certified mail to the respondent with a notice requiring the respondent to file,

within ten days after th e mailing of the notice, six copies of the respondent's answer and serve

copies on counsel of record. Extensions of time for the filing of the answer may be granted by the

director of the Board for good cause shown.

(G) Hearing by Panel; Motion for Default.

(1) After the respondent has filed an answer, a formal hearing shall be held by a panel

of three commissioners appointed in the same manner as provided in section 12 of this rule. The

panel shall conduct a hearing only on the issue of probation violation within thirty days after the

answer date set forth in the notice to the respondent of the filing of the petition or any extension

of the answer date.

(2) If no answer has been filed by the respondent within ten days after the answer date

set forth in the notice to the respondent of the filing of the petition or any extension of the answer

date, relator shall file a motion for default in accordance with section 14 of this rule. If a motion

for default is granted, the panel forthwith shall make its certified report to the Supreme Court,

pursuant to division (H) of this section.

(H) Certification of Panel Report. If the panel determines by clear and convincing

evidence that the respondent is guilty of a significant or continuing violation of the conditions of

probation, the panel shall make a certified report of the proceedings before it, including findings

of fact and recommendations, and shall file the report, together with the transcript of testimony

taken or, in the case of a default, the documentary evidence received, and an itemized statement

of the actual and necessary expenses incurred in connection with the proceedings, with the clerk

of the Supreme Court. The panel promptly shall notify the respondent and all counsel of record

of its action, enclosing with the notice a copy of the findings of fact and recommendations and a

copy of the statement of the actual and necessary expenses incurred. If the panel finds that the

evidence is insufficient to support a charge of a violation of probation, the panel shall order that

the petition for revoc ation of probation be dismissed. The panel shall report its action to the

director of the Board who shall give written notice of the action taken to those persons and

organizations identified in section 12 of this rule.

(I) Reinstatement of Stayed Suspension. On the filing of the final certified report by

the panel, the Supreme Court may issue to the respondent an order reinstating any period of

suspension previously stayed by the Supreme Court, pending the entry of a final order by the

Supreme Court. Notice of an order reinstating any period of suspension previously stayed shall

be served personally or by electronic service address or certified mail by the clerk of the Supreme

Court on the respondent and all counsel of record.

(J) Show Cause Order; Objections; Answer Briefs. On the filing of the final

certified report of the panel, the Supreme Court shall issue to the respondent an order to show

cause in accordance with section 17 of this rule. Any response or objections to the order to show

cause, and any answer briefs, shall be filed in accordance with section 17 of this rule.

(K) Review by Court. After a hearing on objections, or if objections are not filed

within the prescribed time, the Supreme Court shall enter an order as it finds proper in accordance

with section 17 of this rule. If the Supreme Court finds that the respondent has not violated the

conditions of probation, the Supreme Court shall issue an order that does all of the following:

(1) Dismisses the matter;

(2) Reinstates the respondent to the practice of law, if the Supreme Court suspended

the respondent pursuant to division (I) of this section;

(3) Reinstates any remaining period of probation, subject to any full or partial credit

allowed by the Supreme Court for any period of suspension imposed under division (I) of this

section.

(L) Reimbursement of Expenses. A monitoring attorney may be reimbursed from the

Attorney Services Fund for direct expenses incurred by the monitoring attorney in performing the

obligations imposed on the monitoring attorney by this section. Reimbursement shall be limited

to necessary costs for copies of documents, travel expenses, postage, and long distance telephone

charges. No reimbursement shall be allowed for the cost of the time of the monitoring attorney or

other personnel in discharging these obligations. Reimbursement shall be made on submission to

the director of the Board of an affidavit documenting the direct expenses incurred by the

monitoring attorney.

Section 22. Duties of a Disbarred or Suspended Attorney.

(A) Content of Supreme Court Order. In its order disbarring or suspending an

attorney or in any order pertaining to the resignation of an attorney, the Supreme Court shall

include a time limit, not to exceed thirty days, within which the disqualified attorney shall do all

of the following:

(1) Notify all clients being represented in pending matters and any co-counsel of his or

her disbarment, suspension, or resignation and consequent disqualification to act as an attorney

after the effective date of the order, and, in the absence of co-counsel, notify the clients to seek

legal service elsewhere, calling attention to any urgency in seeking the substitution of another

attorney in his or her place;

(2) Regardless of any fees or expenses due the attorney, 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 pape rs or other property may

be obtained, calling attention to any urgency for obtaining the 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 or her possession or control;

(4) Notify opposing counsel or, in the absence of counsel, the adverse parties in

pending litigation, of his or her disqualification or resignation to act as an attorney after the

effective date of the disqualification order and file a notice of disqualification of counsel with the

court or agency before which the litigation is pending for inclusion in the respective file or files.

(B) Disqualified Attorney Address. All notices required by a disciplinary order of

the Supreme Court shall be sent by electronic service address or certified mail and contain a return

address where communications may be directed to the disqualified attorney.

attorney shall file with the clerk of the Supreme Court and the Office of Disciplinary Counsel an

affidavit showing compliance with the order entered pursuant to this rule and proof of service of

notices required by the order. The affidavit also shall set forth the address where the affiant may

receive communications and the disqualified attorney shall inform the clerk and the Office of

Disciplinary Counsel of any subsequent change in address.

(D) Proof of Compliance. A disqualified attorney shall maintain a record of the

various steps taken pursuant to the order entered by the Supreme Court so that, in any subsequent

proceeding, proof of compliance with the order will be available for receipt in evidence.

Section 23. Employment of a Disqualified or Suspended Attorney.

(A) General Prohibitions. A disqualified or suspended attorney shall not do either of

the following:

(1) Have any direct client contact, other than serving as an observer in any meeting,

hearing or interaction between an attorney and a client;

(2) Receive, disburse, or otherwise handle client trust funds or property.

(B) Prohibited Relationships. On or after September 1, 2008, a disqualified attorney

shall not enter into an employment, contractual, or consulting relationship with an attorney or law

firm with which the disqualified attorney was associated as a partner, shareholder, member, or

employee at the time the attorney engaged in misconduct that resulted in his or her disqualification

from the practice of law.

employment, contractual, or consulting relationship with a disqualified or suspended attorney shall

Counsel. The registration shall be on a form provided by the Office of Disciplinary Counsel and

shall include all of the following:

(1) The name of and contact information for the disqualified or suspended attorney;

(2) The name of and contact information for the attorney or law firm seeking to enter

into the relationship with the disqualified or suspended attorney;

(3) The name of and contact information for the attorney responsible for directly

supervising the disqualified or suspended attorney, if different than the attorney identified in

division (C)(2) of this section;

(4) The capacity in which the disqualified or suspended attorney will be employed,

including a description of duties to be performed or services to be provided;

(5) An affidavit executed by either the attorney filing the registration or the supervising

attorney indicating that the attorney has read the Supreme Court’s order disbarring, accepting the

resignation of, or suspending the attorney to be employed and unders tands the limitations

contained in that order;

(6) Any other information considered necessary by the Office of Disciplinary Counsel.

(D) Written Acknowledgement. Upon receipt of a completed registration form, the

Office of Disciplinary Counsel shall send a written acknowledgement to the attorney or law firm

that filed the registration form and any supervising attorney identified on the form. Upon receipt

of the wr itten acknowledgement, the employment, contractual, or consulting relationship may

commence.

(E) Amendments to Registration. An attorney who registers the employment of a

disqualified or suspended attorney shall file an amended registration form with the Office of

Disciplinary Counsel when there is any material change in the information provided on a prior

registration form and shall notify the Office of Disciplinary Counsel upon termination of the

employment, contractual, or consulting relationship.

(F) Notice to Clients. If a disqualified or suspended attorney will perform work or

provide services in connection with any client matter, the employing attorney or law firm shall

inform the client of the status of the disqualified or suspended attorney. The notice shall be in

writing and provided to the client before the disqualified or suspended attorney performs any work

or provides any services in connection with the client matter.

Section 24. Reinstatement Proceedings; Term or Interim Suspension.

(A) Application for Reinstatement. Upon the dissolution of an interim remedial

suspension imposed pursuant to section 19 of this rule or expiration of a suspension for a period

of six months to two years, including any period that the order of the Supreme Court has allowed

as a credit for a suspension imposed under section 18 of this rule, the respondent may apply for

reinstatement to the practice of law.

(B) Contents of Application. The application shall be in writing and filed with the

clerk of the Supreme Court with the number of copies required by the Rules of Practice of the

Supreme Court of Ohio. The application shall include the date the suspension was ordered and a

request for reinstatement. The application shall be accompanied by an affidavit executed by the

respondent indicating all of the following:

(1) Whether any formal disciplinary proceedings are pending against the respondent;

(2) Whether the respondent has completed a term of probation, community control,

intervention in lieu of conviction, or any sanction imposed as part of a sentence for a felony

conviction;

(3) Whether the respondent has complied with the continuing legal education

requirements of Gov. Bar R. X.

reinstated if all of the following conditions are satisfied:

(1) All costs of the proceedings as ordered by the Supreme Court have been paid;

(2) The respondent has complied with the order of suspension, including the payment

of all restitution;

(3) The respondent has complied with the continuing legal education requirements of

Gov. Bar R. X;

(4) No formal disciplinary proceedings are pending against the respondent;

(5) The respondent has completed a term of probation, community control, intervention

in lieu of conviction, or any sanction imposed as part of a sentence for a felony conviction.

(D) Reinstatement Prior to Completion of Probation or Other Sanction.

Notwithstanding the requirement of division (C)(5) of this section, the respondent may apply for

reinstatement prior to completing a term of probation, community control, intervention in lieu of

conviction, or sanction imposed as part of a sentence for a f elony conviction if the disciplinary

order issued pursuant to section 17 authorizes such an application. If an application is authorized,

the application shall be in the form and content specified in division (A) of this section and shall

include an affidavit from the trial judge, dated not more than thirty days prio r to the date the

application is filed, as evidence that the respondent is in compliance with the terms and conditions

of probation, community control, intervention in lieu of conviction, or sanction imposed as part of

a sentence for a felony conviction.

(E) Notice. The clerk of the Supreme Court shall provide notice of the reinstatement

to all persons or organizations who received copies of the Supreme Court disciplinary order of

suspension pursuant to section 17 of this rule.

Section 25. Reinstatement Proceedings; Indefinite Suspension.

(A) Petition for Reinstatement. No petition for reinstatement to the practice of law

may be filed or entertained by the Supreme Court within two years of either of the following:

(1) The entry of an order suspending the petitioner from the practice of law for an

indefinite period, including any period that the order of the Supreme Court imposing the

suspension has allowed as a credit for a suspension imposed under section 18 of this rule;

(2) The denial of a petition for reinstatement to the practice of law filed by the

petitioner.

(B) Contents of Petition for Reinstatement. Except as provided in division (A) of

this section, a person who has been suspended from the practice of law for an indefinite period and

who wishes to be reinstated may file with the clerk of the Supreme Court a verified petition and

the number of copies of the petition as required by the Rules of Practice of the Supreme Court of

Ohio. The petition shall include all of the following:

(1) The date on which the suspension was ordered and, if there was a reported opinion,

a citation to the opinion;

(2) The dates on which all prior petitions for reinstatement were filed and denied or

granted;

(3) The names of all persons and organizations, except the petitioner and the Board,

who were or would be entitled under this rule to receive from the clerk of the Supreme Court

certified copies of the disciplinary order of the Supreme Court against petitioner resulting in his or

her suspension, the name of the bar association of the county or counties in which he or she resides

at the time of the filing of the petition and of each county in which he or she proposes to maintain

an office if reinstated, and the Ohio State Bar Association;

(4) An affidavit executed by the petitioner indicating whether the petitioner has any

formal disciplinary proceedings pending, has complied with the continuing legal education

requirements of Gov. Bar R. X, and has completed a term of probation, community con trol,

intervention in lieu of conviction, or any sanction imposed as part of a sentence for a felony

conviction;

(5) The facts upon which the petitioner relies to establish by clear and convincing

evidence that he or she possesses all the mental, educational, and moral qualifications that were

required of an applicant for admission to the practice of law in Ohio at the time of his or her original

admission and that he or she is now a proper person to be readmitted to the practice of law in Ohio,

notwithstanding the previous disciplinary action.

reinstatement shall be accompanied by a deposit, in an amount fixed by the clerk, for probable

costs and expenses to be incurred in connection with the proceedings. The costs shall include any

amounts unpaid under any prior order of the Supreme Court and any amounts owed to the Lawyers’

Fund for Client Protection for reimbursement of an award made pursuant to Gov. Bar R. VIII as

the result of petitioner’s misconduct.

(D)(1) Requisites for Reinstatement. The petitioner shall not be reinstated unless he or

she establishes all of the following by clear and convincing evidence to the satisfaction of the panel

hearing the petition for reinstatement:

(a) That the petitioner has made appropriate restitution to the persons who were harmed

by his or her misconduct;

(b) That the petitioner possesses all of the mental, educational, and moral qualifications

that were required of an applicant for admission to the practice of law in Ohio at the time of his or

her original admission;

payment of restitution;

(d) That the petitioner has complied with the continuing legal education requirements

of Gov. Bar R. X;

(e) That the petitioner has completed a term of probation, community control,

intervention in lieu of conviction, or any sanction imposed as part of a sentence for a felony

conviction;

(f) That the petitioner is now a proper person to be readmitted to the practice of law in

Ohio, notwithstanding the previous disciplinary action.

(2) Notwithstanding provisions of this section to the contrary, the petitioner may file

and the Board may consider a reinstatement petition from a petitioner prior to completing a term

of probation, community control, intervention in lieu of conviction, or any sanction imposed as

part of a sentence for a felony conviction. In addition to the requirements of division (B) of this

section, the reinstatement petition shall include an affidavit from the trial judge, dated not more

than thirty days prior to the date the petition is file d, as evidence that the respondent is in

compliance with the terms and conditions of probation, community control, intervention in lieu of

conviction, or sanction imposed as part of a sentence for a felony conviction and shall include the

facts upon which the petitioner relies to establish by clear and convincing evidence that the

petitioner should be reinstated to the practice of law in Ohio while subject to a term of probation,

community control, intervention in lieu of conviction, or sanction imposed as part of a sentence

for a felony conviction. The Board shall not recommend reinstatement of the petitioner unless it

finds by clear and convincing evidence that good cause exists for waiving the reinstatement

requirement of division (D)(1)(e) of this section and details that finding in its final report.

(E) Petition for Reinstatement Referred to Board. Unless denied forthwith for

insufficiency in form or substance, the clerk shall forward five copies of the petition to the director

of the Board. The Board shall conduct a hearing or hearings and take and report evidence relevant

to the rehabilitation of the petitioner and his or her possession of all the mental, educational, and

moral qualifications required of an applicant for admission to the practice of law in Ohio at the

time of his or her original admission.

(F) Hearing of Petition; Appeal.

(1) Appointment of Panel. The director, by lot, shall appoint a hearing panel of three

commissioners, none of whom shall be a resident of the appellate district in which the petitioner

resides or of the appellate district in which the petitioner resided at the time of suspension. The

director shall appoint an attorney or judge commissioner as chair of the panel, and the panel shall

conduct a hearing on the petition.

(2) Notice; Hearing. The Board shall provide reasonable notice of any hearing to the

petitioner or counsel for the petitioner and to all persons or organizations referred to in division

(B)(3) of this section. Hearings shall be public, and any interested person, member of the bar, and

the Office of Disciplinary Counsel may appear before the hearing panel in support of or opposition

to the petition.

(3) Referral to Disciplinary Counsel. If a certified grievance committee of a bar

association referred to in division (B)(3) of this section determines that matters relating to

petitioner’s qualifications for reinstatement are sufficiently serious and complex as to require the

assistance of Office of Disciplinary Counsel, the chair of the committee shall direct a written

request for assistance to the Office of Disciplinary Counsel. The Office of Disciplinary Counsel

shall investigate all referred matters and report the results of the investi gation to the committee

that requested it.

(4) Panel Report. The hearing panel shall make and certify a report to the Board of

the proceedings before it, including its findings of fact and recommendations. All proceedings

before the panel and the Board, whenever appropriate, shall be governed by the provisions of this

rule governing disciplinary proceedings, including proceedings in the Supreme Court for an

issuance of an order to show cause why the final report of the Board should not be confirmed.

(5) Conditional Grant; Denial; Appeal. The Board may recommend that the

petitioner be required to take and pass a regular bar examination of the Supreme Court as a

condition to readmission. If the final report recommends denial of the petition, the petitioner shall

have twenty days from issuance of an order to show cause to file objections and a brief in support

of the objections.

(6) Grant of Petition; Appeal. If the final report recommends granting the petition,

any person or organization referred to in division (B)(3) of this section shall have twenty days

from the issuance of an order to show cause to file objections to the recommendations and a brief

in support of the objections. The Supreme Court shall enter an appropriate order that may include

provisions for reimbursement of the costs and expenses incurred in connection with the

proceedings. The order of reinstatement may be subject to conditions the Supreme Court considers

appropriate including, but not limited to, requiring the petitioner to serve a period of probation

under section 21 of this rule on conditions the Supreme Court determines and requiring the

petitioner to subsequently take and pass a regular bar examination of the Supreme Court and take

the oath of office.

Section 26. Appointed Attorney to Inventory Files.

(A)(1) Abandonment. An attorney is considered to have abandoned client files if the

attorney has had no contact with the files or has not responded to inquiries about the files and

either is incapacitated, has disappeared and, through reasonable efforts, cannot be found or

contacted, or has been deported.

(2) Who May Conduct Inventory. When an attorney dies, is suspended pursuant to

sections 14, 15, 18, or 19 of this rule, fails to comply with section 22 of this rule, or otherwise

abandons the attorney’s client files, a partner, executor, or other responsible party capable of

conducting the affairs of an attorney who has died or abandoned client files may conduct an

inventory of the attorney’s client files and take action, including the actions set forth in section 22,

as is necessary to protect the interest of clients of the attorney. Before conducting the inventory or

taking any action, the person shall execute an agreement with disciplinary counsel or bar counsel

of a certified grievance committee on terms established by disciplinary counsel or bar counsel.

(3) Appointment. When an attorney dies, is suspended pursuant to section s 14, 15,

18, or 19 of this rule, fails to comply with section 22 of this rule, or otherwise abandons the

attorney’s client files and no partner, executor, or other responsible party capable of conducting

the attorney’s affairs is available and willing to assume appropriate responsibility, disciplinary

counsel, or bar counsel of a certified grievance committee may appoint one or more attorneys to

inventory the files of an attorney and take action, including the actions set forth in section 22, as

is necessary to protect the interests of clients of the attorney. Before conducting the inventory or

taking any action, the attorney or attorneys shall execute an agreement with disciplinary counsel

or bar counsel of a certified grievance committee on terms established by disciplinary counsel or

bar counsel.

(4) Request for Appointment. Prior to making an appointment pursuant to division

(A)(3) of this section, bar counsel of a certified grievance committee shall submit a written request

to the director of the Board for approval of the appointment and the fees to be charged by the

appointed attorney. The appointed attorney shall submit an invoic e, supported by an affidavit

documenting those fees and signed by bar counsel of the certified grievance committee, to the

director of the Board for payment of fees. Upon receipt of a proper invoice, the director shall pay

the fees from the Attorney Services Fund.

(B) Recovery of Costs. If the attorney whose files are inventoried has been disciplined

or has resigned with discipline pending, the director or disciplinary counsel may certify the fees

and expenses incurred in connection with the inventory to the Supreme Court and request that the

Court issue an order directing the attorney to repay the fees and expenses incurred. If the attorney

whose files are inventoried has died, the director or disciplinary counsel may file a claim, with the

assistance of the Attorney General, against the estate of the deceased attorney to recover the fees

and expenses incurred in connection with the inventory. Any moneys repaid or recovered pursuant

to this division shall be deposited in the Attorney Services Fund.

appointment by disciplinary counsel or bar counsel of a certified grievance committee, the

appointed attorney or attorneys shall not disclose any information contained in inventoried files

without the written consent of the client to whom the files relate. An appointed attorney may not

represent that client.

(D) Destruction of Inventoried Files. Seven years after completing an inventory of

abandoned files, the Office of Disciplinary Counsel or a certified grievance committee may destroy

abandoned files other than original legal documents such as deeds or unprobated wills. Before

destroying any abandoned files, the Office of Disciplinary Counsel or a certified grievance

committee shall make a reasonable effort to return files to the clients. File destruction shall be

conducted in a manner that protects client confidentiality.

Section 27. Applicability of Rules; Special Service; Construction of Rule.

(A) Applicability of Rules. The Board and hearing panels shall follow the Ohio Rules

of Civil Procedure and the Ohio Rules of Evidence wherever practicable unless a specific provision

of this rule or Board hearing procedures and guidelines provides otherwise.

(B) Clerk is Agent for Service of Notices on Nonresident Judicial Officer or

Attorney. Any nonresident of this state, having been admitted as an attorney by the rules of the

Supreme Court, or any resident of this state, having been admitted as an attorney by the rules of

the Supreme Court, who subsequently becomes a nonresident or conceals his or her whereabouts,

by such admission to the practice of law within this state makes the clerk of the Supreme Court

his or her agent for the service of any notice provided for in any proceeding instituted against such

judicial officer or attorney, pursuant to this rule.

regulations approved by the Supreme Court shall be as summary as reasonably may be.

Amendments to any notice, answer, objections, report, or order to show cause may be made at any

time prior to final order of the Supreme Court. The party affected by an amendment shall be given

reasonable opportunity to meet any new matter presented. No investigation or procedure shall be

held to be invalid by reason of any nonprejudicial irregularity or for any error not resulting in a

miscarriage of justice. This rule and regulations relating to investigation and proceedings

involving complaints of misconduct and petitions for reinstatement shall be construed liberally for

the protection of the public, the courts, and the legal profession and shall apply to all pending

investigations and complaints so far as may be practicable and to all future investig ations,

complaints, and petitions whether the conduct involved occurred prior or subsequent to the

amendment of this rule. To the extent that application of this amended rule to pending proceedings

may not be practicable, the regulations in force at the t ime this amended rule became effective

shall continue to apply.

Sections 28-34. RESERVED

Section 35. Definitions.

As used in this rule:

(A) “Alcohol and other drug abuse” has the same meaning as in R.C. 5119.90

[Involuntary Treatment].

(B) “Approved treatment program” means a chemical dependency treatment program

approved by a state agency, Ohio Lawyers Assistance Program, or other appropriate authority.

mental disorder, substance use disorder, or nonsubstance-related disorder of a person designated

as the respondent.

(D) “Confidential” acknowledges the oath of office of sections 1, 4, and 5 of this rule,

the necessity of confidentiality of all proceedings, documents, and deliberations of a certified

grievance committee, the Office of Disciplinary Counsel, and the Board and its hearing panels.

(E) “Disorder” means a mental disorder, substance use disorder, or nonsubstance -

related disorder.

(F) “Disqualified attorney” means a former attorney who has been disbarred or who

has resigned with discipline pending.

(G) “Electronic service address” means the email address designated by an attorney for

service of documents pursuant to Gov. Bar R. VI, Section 4(B).

(H) “Judicial officer” means any person who is subject to the Code of Judicial Conduct

as set forth in the Application section of that code.

(I) “Mental disorder,” “substance use disorder,” and “nonsubstance-related disorder”

have the same meanings as in the most recent edition of the American Psychiatric Association’s

Diagnostic and Statistical Manual of Mental Disorders.

(J) “Mental illness” has the same meaning as in R.C. 5122.01(A) [Mental Illness

Adjudication].

(K) “Misconduct” means any violation by a judicial officer or an attorney of any

provision of the oath of office taken upon admission to the practice of law in this state or any

violation of the Ohio Rules of Professional Conduct or the Code of Judicial Conduct, disobedience

of these rules or of the terms of an order imposing probation or a suspension from the practice of

law, or the commission of an illegal act or conviction of a crime that reflects adversely on the

lawyers’ honesty or trustworthiness.

(L) “Probable cause” means there is substantial, credible evidence that misconduct has

been committed.

(M) “Qualified health care professional” means an individual who is licensed, certified,

or otherwise authorized or permitted by law to provide diagnoses and treatment of disorders and

who is acting within the scope of his or her practice;

(N) “Qualified chemical dependency professional” means an individual who is

licensed, certified, or otherwise authorized or permitted by law to provide diagnoses and treatment

of substance use disorders and is acting within the scope of his or her practice.

History

[Rule V amended effective October 1, 1986; September 1, 1987; January 1, 1988; March 16, 1988; July 27, 1988; January 1, 1989; October, 11, 1989; November 8, 1989; December 5, 1989; September 1, 1990; July 1, 1992; September 1, 1995; November 1, 1995; July 1, 1996; September 1, 1996; April 21, 1997; October 1, 1997; November 3, 1997; January 20, 1998; November 2, 1998; September 1, 1999; May 8, 2000; May 1, 2001; February 1, 2003; January 12, 2004; February 1, 2007; September 1, 2007; January 1, 2008; April 1, 2008; January 1, 2012; August 1, 2012; January 1. 2013; January 1, 2015; March 1, 2017; November 1, 2018; March 5, 2019, November 1, 2020; December 1, 2023; October 15, 2024; January 1, 2025; February 13, 2025; October 30, 2025; January 1, 2026.]

Provenance

Source: supremecourt.ohio.gov
Retrieved: 2026-09-22
Edition: 2026-09-14
Content hash: 331b130e393ef57ae5ac4a62b458ba150e923190b6b54d6ba6e511c1cb5de549

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