MISCELLANEOUS DOCKET, 69 Ohio St.3d 1457 (1994)

634 N.E.2d 219Supreme Court of Ohio.
1994.

MISCELLANEOUS DOCKET Monday, June 13, 1994
On May 9, 1994, the Supreme Court of Ohio suspended ninety-seven attorneys from the practice of law for noncompliance with the requirements of Gov. Bar R. X, Attorney Continuing Legal Education. In addition, the Supreme Court revoked the corporate status of four attorneys who are admitted to the practice of law in another state, but not in Ohio, and who registered for corporate status under Gov. Bar R. VI, Sec. 4(A).

The text of the entries imposing the suspensions is reproduced below. This is followed by a list of the attorneys who were suspended. The list includes each suspended attorney’s registration number; the county and state of residence and the county and state of the attorney’s employer, as last registered with the Office of Attorney Registration; and the amount of the sanction fee imposed by the Supreme Court.

Each entry involving revocation of corporate status under Gov. Bar R. VI is reproduced below in its entirety.

In re Report of the Commission : on Continuing Legal Education. : To wit: May 9, 1994

[NAME OF ATTORNEY] : ENTRY (# [ATTORNEY REGISTRATION NO.]), Respondent.

This matter originated in this Court on the filing of a report by the Commission on Continuing Legal Education (the “Commission”) pursuant to Gov. Bar R. X, Sec. 6, Div. (A)(1)(b) and Div. (A)(2)(d). The Commission recommended the imposition of sanctions against certain attorneys, including the above-named respondent, for failure to comply with the provisions of Gov. Bar R. X, Attorney Continuing Legal Education, for the 1991-1992 reporting period.

The Commission’s report recommended imposition of a sanction against the respondent in the total amount of $ for noncompliance in the 1991-1992 reporting period. Furthermore, the Commission’s report recommended that the respondent be suspended from the practice of law pursuant to Gov. Bar R. X, Sec. 5, Div. (A)(4) for failure to pay a previous court ordered sanction for noncompliance in a previous reporting period in addition to noncompliance in the 1991-1992 reporting period. On December 10, 1993, this Court issued to the respondent an order to show cause why the Commission’s recommendation should not be adopted and an order so entered against the respondent. Respondent filed no objections to the Commission’s recommendation and this cause was considered by the Court. Upon consideration thereof,

IT IS ORDERED by the Court that the recommendation of the Commission is adopted and respondent, [NAME], is immediately suspended from the practice of law pursuant to Gov. Bar R. X, Sec. 6, Div. (B)(3), and Gov. Bar R. X, Sec. 5, Div. (A)(4), until respondent is reinstated by order of this Court pursuant to Gov. Bar R. X, Sec. 7.

IT IS FURTHER ORDERED that on or before June 8, 1994, respondent shall pay to the Commission on Continuing Legal Education, by certified check or money order, a sanction fee which is hereby imposed in the total amount of $.

IT IS FURTHER ORDERED that, payment of the sanction fee notwithstanding, respondent shall comply with the requirements imposed by Gov. Bar R. X for the 1991-1992 reporting period. See CLE Reg. 503.4.

IT IS FURTHER ORDERED that respondent immediately cease and desist from the practice of law in any form and is hereby forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency or other public authority.

IT IS FURTHER ORDERED that respondent is hereby forbidden to counsel or advise or prepare

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legal documents for others or in any manner perform such services.

IT IS FURTHER ORDERED that respondent is hereby divested of each, any and all of the rights, privileges and prerogatives customarily accorded to a member in good standing of the legal profession of Ohio.

IT IS FURTHER ORDERED that respondent surrender forthwith respondent’s certificate of admission to practice law and attorney registration card to the Clerk of this Court and that respondent’s name be stricken from the roll of attorneys maintained by this Court.

IT IS FURTHER ORDERED that respondent shall complete one credit hour of continuing legal education for each month, or portion of a month of the suspension. As part of the total credit hours of continuing legal education required by this order, respondent shall complete one credit hour of instruction related to ethics and professional responsibility, including instruction on substance abuse, for each six months, or portion of six months, of the suspension.

IT IS FURTHER ORDERED that respondent shall not be reinstated to the practice of law in Ohio until respondent complies with the requirements for reinstatement set forth in Gov. Bar R. X, Sec. 7, and this Court orders respondent reinstated.

IT IS FURTHER ORDERED that on or before June 8, 1994, respondent shall:

1. Notify all clients being represented in pending matters and any co-counsel of respondent’s suspension and consequent disqualification to act as an attorney after the effective date of this order and, in the absence of co-counsel, also notify the clients to seek legal service elsewhere, calling attention to any urgency in seeking the substitution of another attorney in respondent’s place;

2. Regardless of any fees or expenses due respondent, deliver to all clients being represented in pending matters any papers or other property pertaining to the client, or notify the clients or co-counsel, if any, of a suitable time and place where the papers or other property may be obtained, calling attention to any urgency for obtaining such papers or other property;

3. Refund any part of any fees or expenses paid in advance that are unearned or not paid, and account for any trust money or property in the possession or control of respondent;

4. Notify opposing counsel in pending litigation or, in the absence of counsel, the adverse parties, of respondent’s disqualification after the effective date of this order, and file a notice of disqualification of respondent with the court or agency before which the litigation is pending for inclusion in the respective file or files;

5. Send all notices required by this order by certified mail with a return address where communications may thereafter be directed to respondent;

6. File with the Clerk of this Court and the Disciplinary Counsel of the Supreme Court an affidavit showing compliance with this order, showing proof of service of notices required herein, and setting forth the address where the affiant may receive communications; and

7. Retain and maintain a record of the various steps taken by respondent pursuant to this order.

IT IS FURTHER ORDERED that respondent shall keep the Clerk of this Court and the Disciplinary Counsel advised of any change of address where respondent may receive communications.

IT IS FURTHER ORDERED that, pursuant to Gov. Bar R. X, Sec. 6, Div. (H), the Clerk of this court send certified copies of this order to those persons or organizations named in Gov. Bar R. V, Sec. 8, Div. (D)(1), and that publication be made as required under Gov. Bar R. X, Sec. 6, Div. (H).

Registration Residence ResidenceName of Suspended Attorney Number County State
Curtis Lee Mack 0044145 GA Jose Edmundo Maldonado 0030080 TX Lawrence Robert Maroon 0003607 Cuyahoga OH David Steele Marshall 0031544 Lake OH Vivian Martin 0022610 Montgomery OH David Montgomery Massey 0040792 Franklin OH Christopher Justin McCarthy 0037595 Cuyahoga OH Sherry M. Frazier McCreary 0031337 CA John Garard McCune 0008432 Franklin OH Jo Ellen McDermott 0031984 Montgomery OH Mark Thomas McDonough 0006053 KY

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James Ignatius McGuire 0024359 Warren OH Samuel McMorris 0011665 CA Pamela Ann McNeal 0021407 KS Edward Linn McVey III 0025495 NC Robert Brien Meany 0034051 Cuyahoga OH Michael Emerson Mears 0005456 TX Harry Meier Jr. 0000618 Hamilton OH William Robert Menucci 0024658 Franklin OH Paul Cyrus Merillat 0041040 Lucas OH Christie Jane Metropulos 0002068 Franklin OH John Michael Mikuta Sr. 0016974 IN Robert David Milne 0024630 Cuyahoga OH Edward Cartwright Moore 0037661 NC Edgar Amos Moorehead 0025994 Guernsey OH Leo Denis Morand 0017942 Hamilton OH Thomas Joseph Morris III 0033043 NJ Howard Lewis Ness Jr. 0039781 Lucas OH Julia Elise Nolan 0036801 Cuyahoga OH John Donald O’Malley 0034180 Cuyahoga OH Karl Anthony Ohralik 0022732 Geauga OH Joseph John Oprzadek 0001816 Cuyahoga OH Stanley Lutz Orr III 0034031 Lake OH Andrew Pasko 0041754 Portage OH Robert William Patterson 0023975 Montgomery OH Lewis Richard Pearce 0032361 FL Mark Irwin Perchick 0039835 Cuyahoga OH Samuel Robert Perkins 0027142 NY Nicholas John Peterson 0039493 CA Dean K. Phillips 0005773 VA Bradley A. Pickard 0030639 Hamilton OH Denis A. Polyn 0038440 Geauga OH Valentine Steve Pomaranski 0001510 Cuyahoga OH Geoffrey Jon Porter 0017341 Cuyahoga OH Linda Sue Porter 0013308 Hamilton OH Richard Eastburn Potts Jr. 0033600 TX Paul David Poulson 0031641 IL Maurice Edmund Prendergast 0017896 Cuyahoga OH Terri Suzanne Priest 0014653 Summit OH Dale Junior Pugh 0033048 AZ John Patrick Rice III 0037640 NY Sharon Leigh Rice 0033620 Franklin OH Charles William Riseley 0026020 Lucas OH Harry Rockwern 0018134 Hamilton OH Joseph Rubinstein 0043120 Cuyahoga OH Mark Timothy Rubright 0018870 FL James Harley Russell 0030177 IL Robert Thomas Russell Jr. 0037571 NY Michael Jason Schaaf 0038205 FL Terrence Martin Scherrer 0024642 Franklin OH Robert Lee Schiffer III 0020424 Lucas OH Barry Alan Schwartz 0016336 CA Steven Ross Severy 0033862 TX James David Shelton 0030610 FL Michael Ralph Shuey 0039541 Montgomery OH Edmond Lee Sikorovsky 0033877 Cuyahoga OH James Blanton Simmons III 0039482 Lucas OH Charlie Smith Jr. 0012880 MO Robert Charles Smith 0041838 Hamilton OH Henry Walter Stark 0015997 Cuyahoga OH Arland Thomas Stein 0007310 PA Howard Thomas Sterling 0034274 Cuyahoga OH Kenneth Craig Stillman 0020602 Franklin OH Anne Reinicke Storan 0039171 Knox OH Mark Lynn Stout 0038014 Greene OH David Lloyd Suid 0010135 Cuyahoga OH Thomas Reese Swisher 0021444 Cuyahoga OH

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Joseph Semmer Tann Jr. 0029194 IL John Fredrik Teigland 0041853 Lucas OH Norman Pierre Thompson 0040006 Cuyahoga OH Stanley Thomas Traska 0016724 MA Philip Logan Ullom 0030594 MI Jack Vitale 0006861 MI Kimber Leigh Volkmar 0012639 Franklin OH William Marvin Wade Jr. 0019664 Hamilton OH John Thomas Walsh 0038162 Mahoning OH Robert Earl Ward 0015342 Franklin OH Robert Mittler Weinberger 0018736 FL Richard Lee Weiner 0012563 Cuyahoga OH Samuel B. Weiss 0028461 Cuyahoga OH Stephen Edwin Weithman 0027094 Crawford OH Carl William Wells 0039972 Cuyahoga OH Joseph Paul Wheeler 0000595 Summit OH Bruce Edward Wilson 0037822 Franklin OH David Hilton Wilson Jr. 0009923 Wood OH Albert Frank Winkler 0037515 FL John Robert Wray 0023263 Summit OH Sophie Aleksandra Zebrowski 0022476 Cuyahoga OH
Registration Employer Employer SanctionName of Suspended Attorney Number County State Fee
Curtis Lee Mack 0044145 GA 350.00 Jose Edmundo Maldonado 0030080 750.00 Lawrence Robert Maroon 0003607 750.00 David Steele Marshall 0031544 Lake OH 750.00 Vivian Martin 0022610 750.00 David Montgomery Massey 0040792 Franklin OH 610.00 Christopher Justin McCarthy 0037595 Cuyahoga OH 750.00 Sherry M. Frazier McCreary 0031337 750.00 John Garard McCune 0008432 Franklin OH 750.00 Jo Ellen McDermott 0031984 MontgomeryOH 750.00 Mark Thomas McDonough 0006053 750.00 James Ignatius McGuire 0024359 750.00 Samuel McMorris 0011665 750.00 Pamela Ann McNeal 0021407 KS 750.00 Edward Linn McVey III 0025495 NC 750.00 Robert Brien Meany 0034051 750.00 Michael Emerson Mears 0005456 TX 750.00 Harry Meier Jr. 0000618 750.00 William Robert Menucci 0024658 750.00 Paul Cyrus Merillat 0041040 Lucas OH 750.00 Christie Jane Metropulos 0002068 Franklin OH 750.00 John Michael Mikuta Sr. 0016974 750.00 Robert David Milne 0024630 Cuyahoga OH 600.00 Edward Cartwright Moore 0037661 NC 750.00 Edgar Amos Moorehead 0025994 750.00 Leo Denis Morand 0017942 750.00 Thomas Joseph Morris III 0033043 NJ 750.00 Howard Lewis Ness Jr. 0039781 750.00 Julia Elise Nolan 0036801 Cuyahoga OH 750.00 John Donald O’Malley 0034180 Cuyahoga OH 750.00 Karl Anthony Ohralik 0022732 750.00 Joseph John Oprzadek 0001816 Cuyahoga OH 750.00 Stanley Lutz Orr III 0034031 750.00 Andrew Pasko 0041754 750.00 Robert William Patterson 0023975 750.00 Lewis Richard Pearce 0032361 FL 750.00 Mark Irwin Perchick 0039835 Cuyahoga OH 750.00 Samuel Robert Perkins 0027 142 N.Y. 750.00 Nicholas John Peterson 0039493 CA 750.00 Dean K. Phillips 0005773 750.00 Bradley A. Pickard 0030639 750.00 Denis A. Polyn 0038440 750.00 Valentine Steve Pomaranski 0001510 750.00 Geoffrey Jon Porter 0017341 750.00 Linda Sue Porter 0013308 750.00 Richard Eastburn Potts Jr. 0033600 750.00 Paul David Poulson 0031641 IL 750.00 Maurice Edmund Preodergast 0017896 750.00 Terri Suzanne Priest 0014653 Portage OH 750.00 Dale Junior Pugh 0033048 AZ 750.00 John Patrick Rice III 0037 640 N.Y. 750.00 Sharon Leigh Rice 0033620 Franklin OH 750.00 Charles William Riseley 0026020 750.00 Harry Rockwern 0018134 Hamilton OH 750.00 Joseph Rubinstein 0043120 750.00 Mark Timothy Rubright 0018870 750.00 James Harley Russell 0030177 IL 750.00 Robert Thomas Russell Jr. 0037 571 N.Y. 750.00 Michael Jason Schaaf 0038205 FL 750.00 Terrence Martin Scherrer 0024642 Franklin OH 750.00 Robert Lee Schiffer III 0020424 750.00 Barry Alan Schwartz 0016336 750.00 Steven Ross Severy 0033862 TX 600.00 James David Shelton 0030610 FL 750.00 Michael Ralph Shuey 0039541 MontgomeryOH 750.00 Edmond Lee Sikorovsky 0033877 750.00 James Blanton Simmons III 0039482 Lucas OH 750.00 Charlie Smith Jr. 0012880 750.00 Robert Charles Smith 0041838 Hamilton OH 750.00 Henry Walter Stark 0015997 Cuyahoga OH 750.00 Arland Thomas Stein 0007310 PA 600.00 Howard Thomas Sterling 0034274 750.00 Kenneth Craig Stillman 0020602 750.00 Anne Reinicke Storan 0039171 Knox OH 750.00 Mark Lynn Stout 0038014 750.00 David Lloyd Suid 0010135 Cuyahoga OH 750.00 Thomas Reese Swisher 0021444 750.00 Joseph Semmer Tann Jr. 0029194 IL 750.00 John Fredrik Teigland 0041853 Lucas OH 750.00 Norman Pierre Thompson 0040006 Cuyahoga OH 600.00 Stanley Thomas Traska 0016724 MA 750.00 Philip Logan Ullom 0030594 750.00 Jack Vitale 0006861 MI 750.00 Kimber Leigh Volkmar 0012639 Franklin OH 750.00 William Marvin Wade Jr. 0019664 750.00 John Thomas Walsh 0038162 750.00 Robert Earl Ward 0015342 Franklin OH 750.00 Robert Mittler Weinberger 0018736 750.00 Richard Lee Weiner 0012563 Cuyahoga OH 750.00 Samuel B. Weiss 0028461 750.00 Stephen Edwin Weithman 0027094 Delaware OH 150.00 Carl William Wells 0039972 Cuyahoga OH 750.00 Joseph Paul Wheeler 0000595 Summit OH 750.00 Bruce Edward Wilson 0037822 750.00 David Hilton Wilson Jr. 0009923 Wood OH 750.00 Albert Frank Winkler 0037515 FL 750.00 John Robert Wray 0023263 Summit OH 750.00 Sophie Aleksandra Zebrowski 0022476 750.00

In re Report of the Commission : on Continuing Legal Education. : To wit: May 9, 1994

Mark Arnold Nordstrom, : ENTRY (#0014822) Respondent.

This matter originated in this Court on the filing of a report by the Commission on Continuing Legal Education (the “Commission”) pursuant to Gov.Bar R. X, Sec. 6, Div. (A)(1)(b) and Div. (A)(2)(d). The Commission recommended the imposition of sanctions against certain attorneys, including the above-named respondent, for failure to comply with the provisions of Gov.Bar R. X, Attorney Continuing Legal Education, for the 1991-1992 reporting period.

Respondent has been granted corporate status under Gov.Bar R. VI. Section 4 of Gov.Bar R. VI provides that an attorney, who is admitted to the practice of law in another state but not in Ohio, and who is employed full-time by a nongovernmental Ohio employer may register for corporate status by filing a Certificate of Registration and paying the registration fee required under the rule. An attorney who is granted corporate status may perform legal services in Ohio solely for a nongovernmental employer, as long as the attorney is a full-time employee of that employer. The legal education requirements of Gov.Bar R. X apply to attorneys registered under Gov.Bar R. VI for corporate status.

The Commission’s report recommended imposition of a sanction against the respondent in the total amount of $750.00 for noncompliance with Gov.Bar R. X in the 1991-1992 reporting period. Furthermore, the Commission’s report recommended that the respondent be suspended from the practice of law pursuant to Gov.Bar R. X, Sec. 5, Div. (A)(4) for failure to pay a previous court ordered sanction for noncompliance in a previous reporting period in addition to noncompliance in the 1991-1992 reporting period. On December 10, 1993, this Court issued to the respondent an order to show cause why the Commission’s recommendation should not be adopted and an order so entered against the respondent. Respondent filed no objections to the Commission’s recommendation and this cause was considered by the Court. Upon consideration thereof,

IT IS ORDERED by the Court that the recommendation of the Commission is adopted and the corporate status granted to respondent pursuant to Gov.Bar R. VI, Sec. 4(A), is immediately revoked.

IT IS FURTHER ORDERED that respondent immediately cease and desist from the practice of law in Ohio in any form, and respondent is hereby forbidden to provide legal services as an employee of a nongovernmental Ohio employer.

IT IS FURTHER ORDERED that respondent is divested of each, any and all of the rights,

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privileges and prerogatives customarily accorded to an attorney registered in good standing for corporate status.

IT IS FURTHER ORDERED that respondent’s name be stricken from the roll of registered attorneys maintained by this Court.

IT IS FURTHER ORDERED that, on or before June 8, 1994, respondent shall:

1. Notify respondent’s employer of the revocation of respondent’s registration in corporate status and consequent disqualification to provide legal services for the employer after the effective date of this order;

2. File with the Clerk of this Court and the Disciplinary Counsel of the Supreme Court an affidavit showing compliance with this order and setting forth the address where the affiant may receive communications.

IT IS FURTHER ORDERED that on or before June 8, 1994, respondent shall pay to the Commission on Continuing Legal Education, by certified check or money order, a sanction fee which is hereby imposed in the total amount of $750.00.

IT IS FURTHER ORDERED that, payment of the sanction fee notwithstanding, respondent shall comply with the requirements imposed by Gov.Bar R. X for the 1991-1992 reporting period. See CLE Reg. 503.4.

In re Report of the Commission : on Continuing Legal Education. : To wit: May 9, 1994

Robert Thomas Messner, : ENTRY (#0034231) Respondent.

This matter originated in this Court on the filing of a report by the Commission on Continuing Legal Education (the “Commission”) pursuant to Gov.Bar R. X, Sec. 6, Div. (A)(1)(b) and Div. (A)(2)(d). The Commission recommended the imposition of sanctions against certain attorneys, including the above-named respondent, for failure to comply with the provisions of Gov.Bar R. X, Attorney Continuing Legal Education, for the 1991-1992 reporting period.

Respondent has been granted corporate status under Gov.Bar R. VI. Section 4 of Gov.Bar R. VI provides that an attorney, who is admitted to the practice of law in another state but not in Ohio, and who is employed full-time by a nongovernmental Ohio employer may register for corporate status by filing a Certificate of Registration and paying the registration fee required under the rule. An attorney who is granted corporate status may perform legal services in Ohio solely for a nongovernmental employer, as long as the attorney is a full-time employee of that employer. The legal education requirements of Gov.Bar R. X apply to attorneys registered under Gov.Bar R. VI for corporate status.

The Commission’s report recommended imposition of a sanction against the respondent in the total amount of $750.00 for noncompliance with Gov.Bar R. X in the 1991-1992 reporting period. Furthermore, the Commission’s report recommended that the respondent be suspended from the practice of law pursuant to Gov.Bar R. X, Sec. 5, Div. (A)(4) for failure to pay a previous court ordered sanction for noncompliance in a previous reporting period in addition to noncompliance in the 1991-1992 reporting period. On December 10, 1993, this Court issued to the respondent an order to show cause why the Commission’s recommendation should not be adopted and an order so entered against the respondent. Respondent filed no objections to the Commission’s recommendation and this cause was considered by the Court. Upon consideration thereof,

IT IS ORDERED by the Court that the recommendation of the Commission is adopted and the corporate status granted to respondent pursuant to Gov.Bar R. VI, Sec. 4(A), is immediately revoked.

IT IS FURTHER ORDERED that respondent immediately cease and desist from the practice of law in Ohio in any form, and respondent is hereby forbidden to provide legal services as an employee of a nongovernmental Ohio employer.

IT IS FURTHER ORDERED that respondent is divested of each, any and all of the rights, privileges and prerogatives customarily accorded to an attorney registered in good standing for

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corporate status.

IT IS FURTHER ORDERED that respondent’s name be stricken from the roll of registered attorneys maintained by this Court.

IT IS FURTHER ORDERED that, on or before June 8, 1994, respondent shall:

1. Notify respondent’s employer of the revocation of respondent’s registration in corporate status and consequent disqualification to provide legal services for the employer after the effective date of this order;

2. File with the Clerk of this Court and the Disciplinary Counsel of the Supreme Court an affidavit showing compliance with this order and setting forth the address where the affiant may receive communications.

IT IS FURTHER ORDERED that on or before June 8, 1994, respondent shall pay to the Commission on Continuing Legal Education, by certified check or money order, a sanction fee which is hereby imposed in the total amount of $750.00.

IT IS FURTHER ORDERED that, payment of the sanction fee notwithstanding, respondent shall comply with the requirements imposed by Gov.Bar R. X for the 1991-1992 reporting period. See CLE Reg. 503.4.

In re Report of the Commission : on Continuing Legal Education. : To wit: May 9, 1994

Kenneth John Powell, : ENTRY (# 0036877) Respondent.

This matter originated in this Court on the filing of a report by the Commission on Continuing Legal Education (the “Commission”) pursuant to Gov. Bar R. X, Sec. 6, Div. (A)(1)(b) and Div. (A)(2)(d). The Commission recommended the imposition of sanctions against certain attorneys, including the above-named respondent, for failure to comply with the provisions of Gov. Bar R. X, Attorney Continuing Legal Education, for the 1991-1992 reporting period.

Respondent has been granted corporate status under Gov. Bar R. VI. Section 4 of Gov. Bar R. VI provides that an attorney, who is admitted to the practice of law in another state but not in Ohio, and who is employed full-time by a nongovernmental Ohio employer may register for corporate status by filing a Certificate of Registration and paying the registration fee required under the rule. An attorney who is granted corporate status may perform legal services in Ohio solely for a nongovernmental employer, as long as the attorney is a full-time employee of that employer. The legal education requirements of Gov. Bar R. X apply to attorneys registered under Gov. Bar R. VI for corporate status.

The Commission’s report recommended imposition of a sanction against the respondent in the total amount of $750.00 for noncompliance with Gov. Bar R. X in the 1991-1992 reporting period. Furthermore, the Commission’s report recommended that the respondent be suspended from the practice of law pursuant to Gov. Bar R. X, Sec. 5, Div. (A)(4) for failure to pay a previous court ordered sanction for noncompliance in a previous reporting period in addition to noncompliance in the 1991-1992 reporting period. On December 10, 1993, this Court issued to the respondent an order to show cause why the Commission’s recommendation should not be adopted and an order so entered against the respondent. Respondent filed no objections to the Commission’s recommendation and this cause was considered by the Court. Upon consideration thereof,

IT IS ORDERED by the Court that the recommendation of the Commission is adopted and the corporate status granted to respondent pursuant to Gov. Bar R. VI, Sec. 4(A), is immediately revoked.

IT IS FURTHER ORDERED that respondent immediately cease and desist from the practice of law in Ohio in any form, and respondent is hereby forbidden to provide legal services as an employee of a nongovernmental Ohio employer.

IT IS FURTHER ORDERED that respondent is divested of each, any and all of the rights, privileges and prerogatives customarily accorded to an attorney registered in good standing for corporate status.

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IT IS FURTHER ORDERED that respondent’s name be stricken from the roll of registered attorneys maintained by this Court.

IT IS FURTHER ORDERED that, on or before June 8, 1994, respondent shall:

1. Notify respondent’s employer of the revocation of respondent’s registration in corporate status and consequent disqualification to provide legal services for the employer after the effective date of this order;

2. File with the Clerk of this Court and the Disciplinary Counsel of the Supreme Court an affidavit showing compliance with this order and setting forth the address where the affiant may receive communications.

IT IS FURTHER ORDERED that on or before June 8, 1994, respondent shall pay to the Commission on Continuing Legal Education, by certified check or money order, a sanction fee which is hereby imposed in the total amount of $750.00.

IT IS FURTHER ORDERED that, payment of the sanction fee notwithstanding, respondent shall comply with the requirements imposed by Gov. Bar R. X for the 1991-1992 reporting period. See CLE Reg. 503.4.

In re Report of the Commission : on Continuing Legal Education. : To wit: May 9, 1994

Michael T. O’Hara, : ENTRY (# 0043660) Respondent.

This matter originated in this Court on the filing of a report by the Commission on Continuing Legal Education (the “Commission”) pursuant to Gov. Bar R. X, Sec. 6, Div. (A)(1)(b) and Div. (A)(2)(d). The Commission recommended the imposition of sanctions against certain attorneys, including the above-named respondent, for failure to comply with the provisions of Gov. Bar R. X, Attorney Continuing Legal Education, for the 1991-1992 reporting period.

Respondent has been granted corporate status under Gov. Bar R. VI. Section 4 of Gov. Bar R. VI provides that an attorney, who is admitted to the practice of law in another state but not in Ohio, and who is employed full-time by a nongovernmental Ohio employer may register for corporate status by filing a Certificate of Registration and paying the registration fee required under the rule. An attorney who is granted corporate status may perform legal services in Ohio solely for a nongovernmental employer, as long as the attorney is a full-time employee of that employer. The legal education requirements of Gov. Bar R. X apply to attorneys registered under Gov. Bar R. VI for corporate status.

The Commission’s report recommended imposition of a sanction against the respondent in the total amount of $370.00 for noncompliance with Gov. Bar R. X in the 1991-1992 reporting period. Furthermore, the Commission’s report recommended that the respondent be suspended from the practice of law pursuant to Gov. Bar R. X, Sec. 5, Div. (A)(4) for failure to pay a previous court ordered sanction for noncompliance in a previous reporting period in addition to noncompliance in the 1991-1992 reporting period. On December 10, 1993, this Court issued to the respondent an order to show cause why the Commission’s recommendation should not be adopted and an order so entered against the respondent. Respondent filed no objections to the Commission’s recommendation and this cause was considered by the Court. Upon consideration thereof,

IT IS ORDERED by the Court that the recommendation of the Commission is adopted and the corporate status granted to respondent pursuant to Gov. Bar R. VI, Sec. 4(A), is immediately revoked.

IT IS FURTHER ORDERED that respondent immediately cease and desist from the practice of law in Ohio in any form, and respondent is hereby forbidden to provide legal services as an employee of a nongovernmental Ohio employer.

IT IS FURTHER ORDERED that respondent is divested of each, any and all of the rights, privileges and prerogatives customarily accorded to an attorney registered in good standing for corporate status.

IT IS FURTHER ORDERED that respondent’s name be stricken from the roll of registered

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attorneys maintained by this Court.

IT IS FURTHER ORDERED that, on or before June 8, 1994, respondent shall:

1. Notify respondent’s employer of the revocation of respondent’s registration in corporate status and consequent disqualification to provide legal services for the employer after the effective date of this order;

2. File with the Clerk of this Court and the Disciplinary Counsel of the Supreme Court an affidavit showing compliance with this order and setting forth the address where the affiant may receive communications.

IT IS FURTHER ORDERED that on or before June 8, 1994, respondent shall pay to the Commission on Continuing Legal Education, by certified check or money order, a sanction fee which is hereby imposed in the total amount of $370.00.

IT IS FURTHER ORDERED that, payment of the sanction fee notwithstanding, respondent shall comply with the requirements imposed by Gov. Bar R. X for the 1991-1992 reporting period. See CLE Reg. 503.4.

In re Report of the Commission : To wit: May 9, 1994 on Continuing Legal Education. :

Mark Timothy Rubright, : ENTRY (# 0018870) (Corrected) Respondent.

This matter originated in this Court on the filing of a report by the Commission on Continuing Legal Education (the “Commission”) pursuant to Gov. Bar R. X, Sec. 6, Div. (A)(1)(b) and Div. (A)(2)(d). The Commission recommended the imposition of sanctions against certain attorneys, including the above-named respondent, for failure to comply with the provisions of Gov. Bar R. X, Attorney Continuing Legal Education, for the 1991-1992 reporting period.

The Commission’s report recommended imposition of a sanction against the respondent in the total amount of $750.00 for noncompliance in the 1991-1992 reporting period. Furthermore, the Commission’s report recommended that the respondent be suspended from the practice of law pursuant to Gov. Bar R. X, Sec. 5, Div. (A)(4) for failure to pay a previous court ordered sanction for noncompliance in a previous reporting period in addition to noncompliance in the 1991-1992 reporting period. On December 10, 1993, this Court issued to the respondent an order to show cause why the Commission’s recommendation should not be adopted and an order so entered against the respondent. Respondent filed no objections to the Commission’s recommendation and this cause was considered by the Court. Upon consideration thereof,

IT IS ORDERED by the Court that, because respondent, Mark Timothy Rubright, was permanently disbarred by this Court pursuant to Gov. Bar R. V (see order of April 20, 1994, in Case No. 93-2101), the recommendation of the Commission is adopted to the extent that the sanction of $750.00 is hereby imposed.

IT IS FURTHER ORDERED that on or before June 8, 1994, respondent shall pay to the Commission on Continuing Legal Education, by certified check or money order, a sanction in the total amount of $750.00.

IT IS FURTHER ORDERED that, pursuant to Gov. Bar R. X, Sec. 6, Div. (H), the Clerk of this court send certified copies of this order to those persons or organizations named in Gov. Bar R. V, Sec. 8, Div. (D)(1), and that publication be made as required under Gov. Bar R. X, Sec. 6, Div. (H).

In re Report of the Commission : on Continuing Legal Education. : To wit: May 18, 1994

Elroy Gerald Morrison, : ENTRY (# 0020105) Respondent.

This matter originated in this Court on the filing of a report by the Commission on Continuing Legal Education (the “Commission”) pursuant to Gov. Bar R. X, Sec. 6, Div. (A)(1)(b) and Div.

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(A)(2)(d). The Commission recommended the imposition of sanctions against certain attorneys, including the above-named respondent, for failure to comply with the provisions of Gov. Bar R. X, Attorney Continuing Legal Education, for the 1991-1992 reporting period.

The Commission’s report recommended imposition of a sanction against the respondent in the total amount of $750.00 for noncompliance in the 1991-1992 reporting period. Furthermore, the Commission’s report recommended that the respondent be suspended from the practice of law pursuant to Gov. Bar R. X, Sec. 5, Div. (A)(4) for failure to pay a previous court ordered sanction for noncompliance in a previous reporting period in addition to noncompliance in the 1991-1992 reporting period. On December 10, 1993, this Court issued to the respondent an order to show cause why the Commission’s recommendation should not be adopted and an order so entered against the respondent. Respondent filed no objections to the Commission’s recommendation and this cause was considered by the Court. Upon consideration thereof,

IT IS ORDERED by the Court that the recommendation of the Commission is adopted.

IT IS FURTHER ORDERED that, because respondent, Elroy Gerald Morrison, is currently under suspension pursuant to Gov. Bar R. V (see order of April 20, 1994, in Case No. 93-2203), such suspension shall be continued and respondent shall not be reinstated to the practice of law until he has complied with both the requirements set forth in the Court’s entry of April 20, 1994, in Case No. 93-2203, and the requirements for reinstatement set forth in Gov. Bar R. X, Sec. 7, and this Court orders respondent reinstated.

IT IS FURTHER ORDERED that on or before June 17, 1994, respondent shall pay to the Commission on Continuing Legal Education, by certified check or money order, a sanction fee which is hereby imposed in the total amount of $750.00.

IT IS FURTHER ORDERED that respondent shall keep the Clerk of this Court and the Disciplinary Counsel advised of any change of address where respondent may receive communications.

IT IS FURTHER ORDERED that, pursuant to Gov. Bar R. X, Sec. 6, Div. (H), the Clerk of this court send certified copies of this order to those persons or organizations named in Gov. Bar R. V, Sec. 8, Div. (D)(1), and that publication be made as required under Gov. Bar R. X, Sec. 6, Div. (H).

In re Report of the Commission : on Continuing Legal Education. : To wit: May 25, 1994

Stephen Edwin Weithman, : ENTRY (# 0027094) Respondent.

This matter originated in this Court on the filing of a report by the Commission on Continuing Legal Education (the “Commission”) pursuant to Gov. Bar R. X, Sec. 6, Div. (A)(1)(b) and Div. (A)(2)(d). The Commission recommended the imposition of sanctions against certain attorneys, including the above-named respondent, for failure to comply with the provisions of Gov. Bar R. X, Attorney Continuing Legal Education, for the reporting period of 1991-1992.

On May 9, 1994, this Court entered an order adopting the Commission’s recommendation related to the 1991-1992 reporting period, suspending the respondent from the practice of law and imposing a fee sanction upon the respondent.

On May 16, 1994, the Commission filed a motion to vacate, requesting that the order of May 9, 1994, pertaining to the above-named respondent, be vacated. Upon consideration thereof,

IT IS ORDERED by the Court that the motion to vacate be, and the same is hereby, granted.

IT IS FURTHER ORDERED by the Court that the order of May 9, 1994, pertaining to respondent, is hereby vacated and this cause is dismissed.

Page 1466

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