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Cincinnati Bar Ass'n v. Arnold

Citations: 93 Ohio St. 3d 1205; 755 N.E.2d 344Docket: No. 98-2663

Court: Ohio Supreme Court; September 14, 2001; Ohio; State Supreme Court

Narrative Opinion Summary

The case involves a petition for reinstatement filed by an attorney, previously identified under an indefinite suspension from practicing law in Ohio. Following the suspension ordered on March 31, 1999, the attorney sought reinstatement, which was subsequently referred to the Board of Commissioners on Grievances and Discipline. The Board issued a Final Report on July 3, 2001, recommending reinstatement, with no objections raised against it. The court, after reviewing the report, decided to reinstate the attorney's license to practice law in Ohio. Additionally, the attorney was ordered to cover the costs of the proceedings, amounting to $1,144.99, with a balance of $644.99 due after a deposit. The court stipulated that this balance must be paid within ninety days, failing which interest would accrue, and non-payment could lead to contempt and suspension until resolved. Furthermore, the attorney was tasked with the costs of publishing the reinstatement order. All justices concurred with the decision, referencing an earlier related matter with the Cincinnati Bar Association.

Legal Issues Addressed

Payment of Costs and Consequences of Non-Payment

Application: Arnold was ordered to pay the balance of the proceeding costs within ninety days to avoid interest accrual and potential contempt charges leading to suspension.

Reasoning: Should he fail to pay the costs in full within this timeframe, interest will accrue at ten percent per annum on the unpaid balance, and he may be found in contempt, resulting in suspension until the costs, including any accrued interest, are settled.

Publication of Reinstatement Order

Application: The court mandated the issuance and publication of certified copies of the reinstatement order, with Arnold responsible for the publication costs.

Reasoning: The court also directed the Clerk to issue certified copies of the order and ensure publication as required by the governing rules, with Arnold responsible for the publication costs.

Reinstatement to Practice Law

Application: The court reinstated Arnold to the practice of law after reviewing the Board's Final Report, which recommended reinstatement without any objections.

Reasoning: The court, upon reviewing the case and the Board's Final Report, ordered the reinstatement of Arnold to the practice of law in Ohio.