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In re Striff

Citations: 125 N.E.3d 957; 2018 Ohio 3447; 156 Ohio St. 3d 1228Docket: No. 2018-1179

Court: Ohio Supreme Court; August 28, 2018; Ohio; State Supreme Court

Narrative Opinion Summary

In this disciplinary action, the court addressed procedural requirements for serving notices and maintaining communications with the respondent. The order stipulates that all notices must be sent via certified mail to a designated return address, with an affidavit proving compliance to be filed with both the court clerk and the Supreme Court's disciplinary counsel. The respondent is mandated to maintain records of compliance actions and notify the clerk, the Columbus Bar Association, and disciplinary counsel of any communication address changes. Additionally, documents must conform to the Supreme Court of Ohio's Rules of Practice, with effective service considered accomplished upon reaching the respondent's last known address. The court further directed the clerk to issue certified copies of the order and ensure its publication in accordance with Gov.Bar R. V(17)(D)(2). Chief Justice O'Connor and Justices O'Donnell, Kennedy, French, Fischer, DeWine, and DeGenaro concurred in this decision, underscoring the uniformity of the court's procedural approach in maintaining compliance and transparency in disciplinary matters.

Legal Issues Addressed

Maintenance of Records and Notification of Address Changes

Application: The respondent is obligated to keep records of actions taken in compliance with the order and report any changes of address to relevant parties.

Reasoning: The respondent is also required to maintain a record of the actions taken in accordance with the order and to inform the clerk, the Columbus Bar Association, and disciplinary counsel of any address changes for receiving communications.

Publication of Orders

Application: The court clerk is responsible for issuing certified copies of the order and ensuring its publication as required by the governing rules.

Reasoning: The court clerk is instructed to issue certified copies of this order and ensure publication as mandated by Gov.Bar R. V(17)(D)(2).

Service of Notices and Compliance

Application: The order mandates that notices must be sent to the respondent's designated return address via certified mail, with proof of compliance filed appropriately.

Reasoning: Notices required by the order must be sent via certified mail to a designated return address for the respondent. An affidavit demonstrating compliance with the order, including proof of service of the notices and the affiant's communication address, must be filed with both the court clerk and the Supreme Court's disciplinary counsel.

Submission and Service of Court Documents

Application: Documents must adhere to the Supreme Court of Ohio's Rules of Practice, and service is considered effective when sent to the respondent's last known address.

Reasoning: All documents submitted in this case must comply with the Supreme Court of Ohio's Rules of Practice regarding form, number, and timeliness, and will be subject to Sup.R. 44 through 47 concerning court record access. Service of this order and any subsequent orders will be considered effective when sent to the respondent's last known address.