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Cleveland Bar Ass'n v. Church

Citations: 138 Ohio St. 3d 1439; 5 N.E.3d 658Docket: 2006-2308 and 2007-1579

Court: Ohio Supreme Court; March 17, 2014; Ohio; State Supreme Court

Narrative Opinion Summary

In this case, an attorney filed a petition for reinstatement of his license, which was considered by the Board of Commissioners on Grievances and Discipline. The board recommended denial of reinstatement, and no objections were filed against this recommendation. Consequently, the court denied the petition for reinstatement. The attorney was ordered to cover the costs of the proceedings, amounting to $2,684.53, with a stipulated payment deadline and penalties for non-payment, including interest and potential legal actions for collection. Furthermore, the attorney is mandated to reimburse any sums awarded by the Clients’ Security Fund within 90 days of receiving notice. Compliance with the Supreme Court of Ohio’s Rules of Practice is required for all case-related documents. The court also directed the issuance of certified copies of the order and mandated its publication at the attorney's expense. This case underscores the procedural rigor and financial accountability required in matters of professional reinstatement within the legal field.

Legal Issues Addressed

Compliance with Court Filing Rules

Application: All documentation related to the case must adhere to the Supreme Court of Ohio’s Rules of Practice regarding filing and access requirements.

Reasoning: All documents filed in this case must comply with the Supreme Court of Ohio’s Rules of Practice, specifically regarding filing requirements and access to court records.

Payment of Proceedings Costs

Application: The attorney is ordered to pay the costs of the proceedings, with specific penalties for non-payment, including interest and potential collection actions.

Reasoning: The court ordered Church to pay the costs of the proceedings, totaling $2,684.53 after deducting a $500 deposit. Payment is due within 90 days; failure to pay will result in a 10% annual interest accrual and potential referral to the attorney general for collection, along with possible contempt findings against Church.

Publication of Court Orders

Application: The clerk is directed to disseminate certified copies of the court's order and ensure its publication at the attorney's expense.

Reasoning: The clerk is instructed to issue certified copies of this order and arrange for publication at Church's expense.

Reimbursement to Clients’ Security Fund

Application: The attorney is required to reimburse any amounts awarded by the Clients’ Security Fund promptly within 90 days of notification.

Reasoning: Additionally, Church is required to reimburse any amounts awarded against him by the Clients’ Security Fund within 90 days of the award notice.

Reinstatement of Attorney License

Application: The court denied the petition for reinstatement filed by the attorney following the recommendation of the Board of Commissioners on Grievances and Discipline.

Reasoning: The petition was referred to the Board of Commissioners on Grievances and Discipline, which submitted a final report to the court on December 16, 2013, recommending denial of reinstatement. No objections were filed regarding this report. Consequently, the court denied the reinstatement petition.