Ohio Gov.Jud.R. III

The following rule is adopted pursuant to sections 2701.11 and 2701.12 of the Revised

Code.

Section 1. Complaint.

(A)(1) Six copies of the written and sworn complaint required by section 2701.11 of the

Revised Code shall be filed with the director of the Board of Professional Conduct of the Supreme

Court when it is determined by the Office of Disciplinary Counsel after inves tigation pursuant to

Gov. Jud. R. II that probable cause exists for the filing of a complaint. The director shall transmit

the complaint to the chair of the Board. The complaint shall set forth specifically the grounds

claimed to be cause for retirement, removal, or suspension of the justice or judge from office and

the time and place the acts or omissions occurred that are alleged to be cause for such retirement,

removal, or suspension under section 2701.12 of the Revised Code. The filing of a complaint by

the Office of Disciplinary Counsel or by the president or chair of a certified grievance committee

shall constitute a representation that, after investigation, the Office of Disciplinary Counsel or a

certified grievance committee has determined that pr obable cause exists to warrant a hearing on

the complaint. Complaints shall be filed in the name of either disciplinary counsel or the bar

association that sponsors the certified grievance committee as relator.

(2) At the time the written and sworn complaint is filed with the director of the Board,

the written and sworn complaint and all proceedings in connection with the complaint shall be

public.

(B) In addition to the causes for removal or suspension of a Justice or judge, as provided

in section 2701.12 of the Revised Code, a Justice or judge may be removed or suspended from

office for any of the following:

(1) The willful and persistent failure to perform judicial duties;

(2) Habitual intemperance;

(3) Engaging in conduct prejudicial to the administration of justice or that would bring

the judicial office into disrepute;

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

probation, indefinite suspension from the practice of law, permanent disbarment, or resignation

from the practice of law in Ohio.

(C) Cases involving the retirement, removal, or suspension of a Justice or Chief Justice

of the Supreme Court shall be heard and decided by a panel as provided in Gov. Jud. R. II, Section

2(B).

Section 2. Action on the Complaint.

(A)(1) Upon receipt of a written and sworn complaint, the chair of the Board shall convene

the Board and present the complaint. The director of the Board shall send a copy of the complaint

to the judge against whom the complaint is made. The Board shall then re view the investigation

made by the Office of Disciplinary Counsel or a certified grievance committee. If, after review of

the investigation, two-thirds of the members of the Board determine that there is substantial

credible evidence in support of the complaint, the director of the Board shall certify to the Supreme

Court the result of the investigation.

(2) The report of the Board shall be sent by certified mail or electronic service address

to the judge against whom the complaint is made at the same time it is sent to the Supreme Court.

(B)(1)(a) If the report finds there is substantial credible evidence in support of the

complaint, the Supreme Court shall appoint within a reasonable time after its receipt a commission

of five judges, as provided in section 2701.11 of the Revised Code, t hat meets the following

criteria:

(i) Each judge shall have served four or more years on the courts of this state;

(ii) If the respondent has declared his or her candidacy as a member of a major political

party, as defined in section 3501.01 of the Revised Code, three of the judges shall be of the same

political party as the respondent and two of the judges shall be of a di fferent political party as the

respondent.

(b) The judge having the longest total service on the courts of this state shall serve as

the chair of the commission. After receipt of the notice of appointment and the receipt of the

complaint, the chair promptly shall fix a day, time, and place for the hearing.

(2) If the commission determines by majority vote that grounds for retirement,

removal, or suspension without pay have been established by clear and convincing evidence as

alleged in the complaint or as provided in section 2701.12 of the Revised Code, the com mission

shall make the necessary and proper order. Notice of any order shall be sent by electronic service

address or certified mail with return receipt to the judge against whom the finding has been made

and to the Supreme Court.

(3) As used in this rule:

(a) "Mental disability" means the condition defined in division (A) of section 5122.01

of the Revised Code that presently prevents the proper discharge of the judge's duties.

(b) "Physical disability" means the impairment of the faculties of a Justice or judge that

has prevented the proper discharge of judicial duties for more than six months. Failure to be

present in court or to perform usual judicial functions for six months or more shall raise a

presumption of physical disability.

(4) The commission shall make the determination of disability based upon the

testimony adduced before it. Expert medical testimony may be received by the commission, and,

with the consent of the respondent, it may name medical experts to examine the Respondent.

Section 3. Appeal.

Any judge retired, removed, or suspended by the commission may appeal the action to the

Supreme Court on the record made before the commission. Notice of the appeal shall be given by

the judge to the commission and the Supreme Court within twenty days aft er the judge's receipt

by electronic service address or certified mail of the findings made by the commission. After a

notice of appeal is given, the time for filing a transcript of testimony, briefs, and the conduct of a

hearing shall be as provided in Gov. Bar R. V.

Section 4. Reinstatement.

A Justice or judge who has been suspended by reason of physical or mental disability may

apply for reinstatement by filing a petition with the Board setting forth the facts supporting the

alleged restoration of health. The petition shall be processed in the same manner as a complaint.

Section 5. Procedure.

(A) The commission may take testimony in any manner prescribed by Ohio law. All

rules of evidence shall be observed in the conduct of hearings before the commission. Respondent

may be represented by counsel.

(B) The commission shall issue subpoenas for witnesses under the seal of the Supreme

Court, signed by a member of the commission or the director of the Board. The refusal or neglect

of a person subpoenaed as a witness to obey a subpoena, to attend, to be swor n or to affirm, or to

answer any proper question shall be considered contempt of the Supreme Court, and the person

shall be punished accordingly.

(C) Costs and expenses incurred by the Board and the commission shall be paid from

the Attorney Services Fund. The Supreme Court may order that the fund be reimbursed by the

respondent if the proceeding terminates in retirement, removal, or suspension without pay.

(D) This rule and regulations relating to investigations and proceedings involving

complaints and petitions for reinstatement shall be liberally construed for the protection of the

public and the courts and shall apply to all pending investigations and complaints so far as may be

practicable, and to all future investigations, complaints, and petitions whether the conduct involved

occurred prior or subsequent to the adoption of this rule.

Section 6. Disqualification or Suspension without Pay; Criminal Charge or

Conviction.

(A) A justice or judge is disqualified from acting as a justice or judge while there is

pending an indictment or an information charging the Justice or judge with a crime punishable as

a felony under state or federal law.

(B) A justice or judge shall be suspended from judicial office without pay if the justice

or judge pleads guilty or no contest to or is found guilty of a crime punishable as a felony under

state or federal law.

(C)(1) The judge presiding over a case that satisfies the circumstances described in

division (B) of this section shall prepare a certified notice of a verdict of guilty, a judicial finding

of guilt, or a guilty or no contest plea. The judge shall transmit the certified notice to the director

of the Board of Professional Conduct and to the Office of Disciplinary Counsel. Upon receipt

from any source of the certified notice, the director promptly shall submit the certified notice to

the Supreme Court. The director shall submit the certified notice regardless of the pendency of an

appeal.

(2) Upon receipt of the certified notice, the Supreme Court shall enter an order

immediately suspending the Justice or judge from judicial office without pay pending further

proceedings pursuant to these rules. There shall be no appeal of a suspension from judicial office

without pay imposed pursuant to this section.

(D) Suspension of a Justice or judge from judicial office without pay shall remain in

effect until any of the following occurs:

(1) The conviction resulting from a plea of guilty or no contest, verdict of guilty, or

judicial finding of guilt is reversed;

(2) A final decision on a complaint filed pursuant to Section 1 of this rule is issued by

a five-judge commission appointed pursuant to Section 2 of this rule or by the Supreme Court;

(3) A disciplinary order is entered by the Supreme Court pursuant to Rule V of the

Rules for the Government of the Bar of Ohio that suspends or disbars the Justice or judge from the

practice of law;

(4) A final order is issued by a court removing the Justice or judge from judicial office.

Section 7. Suspension without Pay; Disciplinary Sanction.

(A) A disciplinary order entered by the Supreme Court pursuant to Rule V of the Rules

for the Government of the Bar of Ohio that suspends a Justice or judge from the practice of law

shall include a provision immediately suspending the Justice or judge from judicial office without

pay for the term of the suspension, pending further proceedings pursuant to law. There shall be

no appeal of a suspension from judicial office without pay imposed pursuant to this section.

(B) Suspension of a Justice or judge from judicial office without pay shall remain in

effect until any of the following occurs:

(1) The Justice or judge is reinstated to the practice of law;

(2) A final decision on a complaint filed pursuant to Section 1 of this rule is issued by

a five-judge commission appointed pursuant to Section 2 of this rule or by the Supreme Court;

(3) A final order is issued by a court removing the Justice or judge from judicial office.

Section 8. Definition.

As used in this rule:

(A) “Electronic service address” means the email address designated by an attorney for

service of documents pursuant to Gov. Bar R. VI, Section 4(B).

(B) “ Pay” means all salary payable and benefits available to the Justice or judge as a

result of service in judicial office