694 N.E.2d 974Supreme Court of Ohio.
1998.
ADMINISTRATIVE DOCKET Tuesday, June 2, 1998
1. “The Report of the Committee to Review Ohio’s Disciplinary Process, Adopted as Amended by the Council of Delegates, June 4, 1997” (“The Bell Commission Report”) was approved in part by the court, as stated in the following table:
Supreme Court Action on Bell Commission Recommendations 1997 and 1998
RecommendationNumber Subject Recommendation Court Action
CERTIFIED GRIEVANCE COMMITTEES AND DISCIPLINARY COUNSEL
1 Volunteer system A dual system of certified Approved. grievance committees and a centralized disciplinary counsel should be preserved and improved.
2 Standards for In an effort to 2A Disapproved (must grievance comittees professionalize the be at least 600 certified grievance lawyers in the area to committees and maintain be served by a significant volunteer input certified grievance into the attorney committee). disciplinary process, a Decertification certified grievance review process to be committee should be strengthened so that authorized by the Board of committees that do Commissioners on Grievance not perform and Discipline to receive, adequately be investigate, and prosecute required to improve grievances only under or be decertified. [certain conditions, 2B amended and including 600 attorneys in approved as follows: the area employing “The certified professional bar counsel]. grievance committee must name professional bar counsel on either a paid or unpaid basis ….”. 2C approved (only one one CGC for any county, except Cuyahoga). 2D approved (CGC can be formed by more than one bar association). 2E approved (OSBA to continue as a CGC). 2F Disapproved (existing CGCs do not have to comply with new requirements).Page 1424
RecommendationNumber Subject Recommendation Court Action
2G approved (CGCs shall have at least 15 members, 20% being non-lawyers). 2H amended and approved: CGCs shall meet at least quarterly. 2I approved (Costs to meet standards to be borne by sponsoring bar assn.). 2J approved (complainants to be advised of option of using Disciplinary Counsel). 3 Membership of CGC The membership of a Approved. certified grievance committee should consist of a minimum of twenty percent non-attorneys. The majority of the certified grievance committee should consist of attorneys admitted to the practice of in Ohio. 4 Requirements for There should be Amended and approved: membership on CGC qualification requirements members of CGCs for membershipon a certified encouraged not grievance committee. required) to attend periodic seminars on ethics subjects. 5 Rules of Procedure The Rules of Procedure for Disapproved; BCGD to for CGC all certified grievance recommend to the Court committees in Ohio should be uniform Rules of uniform. Procedure for CGCs. 6 Notice of dismissal When a certified grievance Approved. to respondent committee or Office of Disciplinary Counsel dismisses a grievance at intake, without further investigation, the subject attorney or judge should be sent a copy of the dismissal letter. Upon request, a copy of the grievance should also be provided. 7 Copy of respondent’s The grievant should be Disapproved. reply to grievant furnished a copy of the respondent’s response, except when Disciplinary Counsel or a certified grievance committee determines that there is good reason not to furnish the respondent’s response.Page 1425
8 Investigators to The Supreme Court should Approved. assist CGC authorize the Disciplinary Counsel to retain, on a part-time hourly basis, sufficient investigators who may be called on by certified grievance committees to undertake investigation of grievances. 9 CGC expenses Certified grievance Consideration committees’ expenses completed by adopting expenses should be fully interim Gov.Bar. R. reimbursed, including bar V(3)(D)(2) in Jan. counsel and paid staff, from Jan. 1998 providing the Attorney Registration for partial Fund. reimbursement. BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE 10 Time guidelines for The Board of Commissioners Approved. case disposition should adopt and publish time guidelines for the processing of a formal case through panel hearing and full Board review. 11 Discipline by The Board of Commissioners Approved, provided consent should establish procedures that the procedures for discipline by consent in subject to Court matters that would result approval. in a recommended sanction of public reprimand, a term of suspension coupled with probation. 12 Minor misconduct The Board of Commissioners Disapproved. cases should establish procedures for the expedited processing of cases involving minor misconduct. These procedures should indicate what is not minor misconduct and should include the expedited processing of these matters with a reduced number of adjudications before the Supreme Court of Ohio. 13 Full consideration Disciplinary recommendations Disapproved. all ethical issues and orders of the Board of Commissioners should fully address the ethical issues raised and be published. 14 BCGD member Funding should be Consideration expenses increased to the Board of completed in Jan.
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Commissioners on Grievances 1998 by approval of and Discipline for all budgets supported by reasonable and necessary Atty. Registration expenses incurred by funds for 1998 and members in connection with 1999. attendance at hearings and meetings.
ENFORCEMENT AND SANCTIONS RecommendationNumber Subject Recommendation Court Action
15 Interim remedial An expedited procedure Approved, provided orders should be established for that judges be the Supreme Court of Ohio to included. issue interim remedial orders to deal with an attorney who poses an immediate threat of serious substantial harm to the public. 16 Insurance Insurance should be provided Approved; for protection of monitoring Administrative attorneys in probation Director to obtain procedures. cost estimates. 17 Ethics schools The Court should establish Disapproved. mandatory ethics schools for attorneys and judges found to be in violation of ethics rules, as part of the sanction and/or as a condition of reinstatement. 18 Suspended lawyer A lawyer who is under Approved. working during time of suspension should only be suspension able to work for another if both the suspended attorney and the attorney employing the suspended attorney register with Disciplinary and both agree the suspended attorney will not engage in the unauthorized practice of law.
ADDITIONAL RECOMMENDATIONS 19 “Bridge the Gap” New lawyers should be Approved. required to attend a Bridge-the-Gap” course of at least twelve hours during their first year in practice.Page 1427
20 Pamphlets on The Court should establish a Approved. disciplinary process fund sufficient to enable pamphlets describing the disciplinary process to be sent to all libraries, newspapers and television stations, and any member of general public who might request them. The Court and bar associations should be encouraged to distribute such pamphlets to the public.
RecommendationNumber Subject Recommendation Court Action
21 Colorable grievance The Court should reinstate Disapproved. rule the colorable grievance rule with standards clarifying the applicability of the rule.
FINANCING
22 Funding of The Court should increase Consideration disciplinary process the funding of the 1998 by approval of disciplinary process in budgets supported by in Ohio. Atty. Registration funds for 1998 and 1999.
RECOMMENDATIONS FOR NO CHANGE
Item 1 The point at which a matter Approved. becomes public. (Matters become public after probable cause found for filing of complaint.) Item 2 Rules for the Government of Approved. the Judiciary. Item 3 The composition of the Approved. Board of Commissioners on Grievances and Discipline. Item 4 The number of meetings of Approved. the Board of Commissioners on Grievances and Discipline. (Board currently meets six times per year.) Item 5 Permanent Disbarment. Approved.Page 1428
Item 6 Indefinite and Definite Approved. Suspensions and Interim Suspension. Item 7 Public Reprimand. Approved. Item 8 Expungement of Grievance Approved. Matters. (Disciplinary Counsel and grievance committees not required to expunge grievances.)
OTHER RECOMMENDATIONSIssue Recommendation Court Action
Mandatory A special committee should be appointed to Disapproved. Malpractice review the subject of mandatory Insurance malpractice insurance.
Periodic Review A committee should be appointed every five Approved. years to review the disciplinary process.
2. The specialty areas of Business, Commercial and Industrial Real Property Law, and Residential Real Property Law were approved.
3. J. Michael Bernstein of the Ohio Association of Magistrates was reappointed to the Judicial College Board of Trustees.
4. Judge David Tobin was reappointed to the Board of Commissioners on Character and Fitness.