Disciplinary Counsel v. Crossin

[Cite as Disciplinary Counsel v. Crossin, ___ Ohio St.3d ___, 2023-Ohio-3867.]

DISCIPLINARY COUNSEL v. CROSSIN.

[Cite as Disciplinary Counsel v. Crossin, ___ Ohio St.3d ___, 2023-Ohio-3867.]

(No. 2023-1178—Submitted September 18, 2023—Decided October 26, 2023.)

ON CERTIFIED ORDER of the United States Department of Justice, Executive

Office for Immigration Review, Board of Immigration Appeals,

No. D2023-0033.

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{¶ 1} This cause is pending before the Supreme Court of Ohio in

accordance with the reciprocal discipline provisions of Gov.Bar R. V(20).

{¶ 2} On September 18, 2023, relator, disciplinary counsel, filed with this

court a certified copy of an order of the United States Department of Justice,

Executive Office for Immigration Review, Board of Immigration Appeals, entered

June 14, 2023, in Matter of: Amy Crossin, case No. D2023-0033, indefinitely

suspending respondent for no less than 30 days. On September 19, 2023, this court

ordered respondent to show cause why identical or comparable discipline should

not be imposed in this state. No objections were filed, and this cause was

considered by the court.

{¶ 3} On consideration thereof, it is ordered and adjudged by this court that,

pursuant to Gov.Bar R. V(20)(C), respondent, Amy Marie Etoll Crossin, Attorney

Registration No. 0093856, last known address in Lithopolis, Ohio, is suspended

from the practice of law in Ohio for a period of 30 days and that respondent will

not be reinstated to the practice of law in Ohio until such time as respondent is

reinstated to the practice of law before the Board of Immigration Appeals, the

Immigration Courts, and the Department of Homeland Security.

{¶ 4} It is further ordered that respondent immediately cease and desist from

the practice of law in any form and is forbidden to appear on behalf of another

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before any court, judge, commission, board, administrative agency, or other public

authority.

{¶ 5} It is further ordered that respondent is forbidden to counsel, advise, or

prepare legal instruments for others or in any manner perform legal services for

others.

{¶ 6} It is further ordered that respondent is 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.

{¶ 7} It is further ordered that before entering into an employment,

contractual, or consulting relationship with any attorney or law firm, respondent

shall verify that the attorney or law firm has complied with the registration

requirements of Gov.Bar R. V(23)(C). If employed pursuant to Gov.Bar R. V(23),

respondent shall refrain from direct client contact except as provided in Gov.Bar R.

V(23)(A)(1) and from receiving, disbursing, or otherwise handling any client trust

funds or property.

{¶ 8} It is further ordered that pursuant to Gov.Bar R. X(13), 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 Gov.Bar R. X(13), respondent shall complete one credit

hour of instruction related to professional conduct required by Gov.Bar R. X(3)(B)

for each six months, or portion of six months, of the suspension.

{¶ 9} It is further ordered by the court that within 90 days of the date of this

order, respondent shall reimburse any amounts that have been awarded against

respondent by the Lawyers’ Fund for Client Protection pursuant to Gov.Bar R.

VIII(7)(F). It is further ordered by the court that if after the date of this order, the

Lawyers’ Fund for Client Protection awards any amount against respondent

pursuant to Gov.Bar R. VIII(7)(F), respondent shall reimburse that amount to the

Lawyers’ Fund for Client Protection within 90 days of the notice of that award.

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January Term, 2023

{¶ 10} It is further ordered that respondent shall not be reinstated to the

practice of law in Ohio until (1) respondent complies with the requirements for

reinstatement set forth in the Supreme Court Rules for the Government of the Bar

of Ohio, (2) respondent complies with the Supreme Court Rules for the Government

of the Bar of Ohio, (3) respondent files evidence with the clerk of this court and

with disciplinary counsel demonstrating her reinstatement to the practice of law

before the Board of Immigration Appeals, the Immigration Courts, and the

Department of Homeland Security, (4) respondent complies with this and all other

orders issued by this court, and (5) this court orders respondent reinstated.

{¶ 11} It is further ordered that on or before 30 days from the date of this

order, respondent shall do the following:

{¶ 12} 1. Notify all clients being represented in pending matters and any

cocounsel of respondent’s suspension and consequent disqualification to act as an

attorney after the effective date of this order and, in the absence of cocounsel, also

notify the clients to seek legal services elsewhere, calling attention to any urgency

in seeking the substitution of another attorney in respondent’s place;

{¶ 13} 2. Regardless of any fees or expenses due, deliver to all clients being

represented in pending matters any papers or other property pertaining to the client

or notify the clients or cocounsel, 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;

{¶ 14} 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;

{¶ 15} 4. Notify opposing counsel or, in the absence of counsel, the adverse

parties in pending litigation of respondent’s disqualification to act as an attorney

after the effective date of this order and file a notice of disqualification of

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respondent with the court or agency before which the litigation is pending for

inclusion in the respective file or files;

{¶ 16} 5. Send all notices required by this order by certified mail with a

return address where communications may thereafter be directed to respondent;

{¶ 17} 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

{¶ 18} 7. Retain and maintain a record of the various steps taken by

respondent pursuant to this order.

{¶ 19} It is further ordered that until such time as respondent fully complies

with this order, respondent shall keep the clerk and disciplinary counsel advised of

any change of address where respondent may receive communications.

{¶ 20} It is further ordered that all documents filed with this court in this

case shall meet the filing requirements set forth in the Rules of Practice of the

Supreme Court of Ohio, including requirements as to form, number, and timeliness

of filings. All case documents are subject to Sup.R. 44 through 47, which govern

access to court records.

{¶ 21} It is further ordered that service shall be deemed made on respondent

by sending this order, and all other orders in this case, to respondent’s last known

address.

{¶ 22} It is further ordered that the clerk of this court issue certified copies

of this order as provided for in Gov.Bar R. V(17)(E)(1) and that publication be

made as provided for in Gov.Bar R. V(17)(E)(2).

KENNEDY, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, BRUNNER,

and DETERS, JJ., concur.

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