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March 9, 2012

Comments Sought on Disciplinary Changes

The Supreme Court of Ohio announced proposed rule amendments today to refine the existing default judgment process when a lawyer fails to comply with his professional duty to respond to disciplinary charges. Written comments on the proposed amendments will be accepted until April 3.

Recommended by the Board of Commissioners on Grievances & Discipline, the proposed changes are intended to meet two goals: to encourage respondents to participate in the disciplinary process and do so more promptly; and to protect the public from a lawyer who has ignored his or her duty to cooperate with the disciplinary authorities or is attempting to manipulate or delay the process while continuing to practice law.

The amendments to the Supreme Court Rules for the Government of the Bar of Ohio concern Rule 5 Disciplinary Procedure and new Section 6a Default; Interim Default Suspension.

The board also recommended changes to its probable cause process to allow more flexibility in reviewing and certifying complaints. Specifically, probable cause panels would meet between full board meetings and eliminate delays between when complaints are filed and certified.

View the text of the proposed amendments. Comments should be submitted in writing to Rick Dove, Secretary, Board of Commissioners on Grievances & Discipline, 65 S. Front St., Fifth Floor, Columbus, Ohio 43215 or rick.dove@sc.ohio.gov.

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