# Ohio Gov.Bar R. V: Rule V. DISCIPLINARY PROCEDURE > Ohio · Court rules · In force URL: https://www.frixlaw.com/law-library/statutes/SRULES_OH_GOVBAR_RV ## Section - **Citation:** Ohio Gov.Bar R. V - **Heading:** Rule V. DISCIPLINARY PROCEDURE - **Jurisdiction:** Ohio - **Kind:** Court rules - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Ohio Rules of Court / Judges and Attorneys / Rules for the Government of the Bar of Ohio / Ohio Gov.Bar R. V ## Text DISCIPLINARY PROCEDURE Section 1. Board of Professional Conduct of the Supreme Court. (A) Composition. There shall be a Board of Professional Conduct of the Supreme Court consisting of twenty-eight commissioners as follows: seventeen attorneys admitted to the practice of law in Ohio, seven active or voluntarily retired judges of the state of Ohio or judges retired pursuant to Article IV, Section 6 of the Ohio Constitution, and four nonattorney commissioners. (B) Distribution. The attorney commissioners shall be appointed from Ohio appellate districts as follows: First District, two commissioners; Second District, one commissioner; Third District, one commissioner; Fourth District, one commissioner; Fifth District, one commissioner; Sixth District, two commissioners; Seventh District, one commissioner; Eighth District, three commissioners; Ninth District, one commissioner; Tenth District, two commissioners; Eleventh District, one commissioner; and Twelfth District, one commissioner. The active and retired judge commissioners shall be appointed at-large from separate appellate districts, and the nonattorney commissioners shall be appointed at-large from separate appellate districts. (C) Term of Office. The term of office of each commissioner of the Board shall be three years, beginning on the first day of January next following the commissioner’s appointment. Any commissioner whose term has expired and who has an uncompleted assignment as a member of a panel may continue to serve for the purpose of the assignment until it is concluded before the Board. The successor commissioner shall take no part in the proceedings of the Board concerning the assignment. (D) Appointments. (1) Pursuant to section 3 of this rule, the Chief Justice and Justices of the Supreme Court shall appoint the director of the Board. ted assignment as a member of a panel may continue to serve for the purpose of the assignment until it is concluded before the Board. The successor commissioner shall take no part in the proceedings of the Board concerning the assignment. (D) Appointments. (1) Pursuant to section 3 of this rule, the Chief Justice and Justices of the Supreme Court shall appoint the director of the Board. (2) The Chief Justice and Justices of the Supreme Court shall appoint the commissioners. Appointments of commissioners to terms commencing the first day of January of any year shall be made prior to the first day of December of the preceding year. Commissioner vacancies for any cause shall be filled for the unexpired term by the justice who appointed the person causing the vacancy or by the successor of that justice. A commissioner appointed to a term of fewer than three years may be reappointed to not more than three, three-year terms. No person may be appointed as commissioner to more than three, three-year terms on the Board. Three-year terms served prior to April 1, 2008, shall be included when determining whether a person is eligible for appointment or reappointment as a commissioner to the Board. (E) Chair and Vice-chair. The Board shall each year elect a judge or attorney commissioner as chair and vice-chair. The chair and vice-chair shall serve in that capacity for a maximum of two years. The chair and vice-chair may execute entries on behalf of the Board and panels of the Board. In the absence or incapacity of the chair, the vice-chair shall perform the duties of the chair. (F) Meetings. The Board shall meet in Columbus at least six times each year. The chair or vice-chair may call additional meetings of the Board when necessary. n that capacity for a maximum of two years. The chair and vice-chair may execute entries on behalf of the Board and panels of the Board. In the absence or incapacity of the chair, the vice-chair shall perform the duties of the chair. (F) Meetings. The Board shall meet in Columbus at least six times each year. The chair or vice-chair may call additional meetings of the Board when necessary. (G) Confidentiality; Oath of Office. No commissioner, Board-appointed master, or employee of the Board shall disclose to any person any proceedings, documents, or deliberations of the Board or a Board committee. This rule shall not apply to an individual commissioner’s personal opinion relating to matters of staffing or operational issues, which, at the commissioner’s option, may be discussed with a justice upon the justice’s request. Prior to taking office, each commissioner, Board-appointed master, and employee of the Board shall swear or affirm that he or she will abide by these rules. (H) Attendance. The director of the Board shall notify the Chief Justice and the Administrative Director of the Supreme Court if a commissioner misses three meetings of the Board within a twelve-month period. Upon such notice, the Administrative Director shall inform the Justices of the Supreme Court in order that the Justices may consider the replacement of the commissioner. Section 2. Jurisdiction and Powers of the Board. Board shall notify the Chief Justice and the Administrative Director of the Supreme Court if a commissioner misses three meetings of the Board within a twelve-month period. Upon such notice, the Administrative Director shall inform the Justices of the Supreme Court in order that the Justices may consider the replacement of the commissioner. Section 2. Jurisdiction and Powers of the Board. (A) Exclusive Jurisdiction. Except as otherwise expressly provided in rules adopted by the Supreme Court, all grievances involving alleged misconduct by judicial officers or attorneys, proceedings with regard to the alleged mental illness, alcohol and other drug abuse, or disorder of a judicial officer or attorney, proceedings for the discipline of judicial officers, attorneys, persons under suspension or on probation, and proceedings for the reinstatement to the practice of law shall be brought, conducted, and disposed of in accordance with the provisions of this rule. The Board shall have authority to certify, recertify, and decertify grievance committees in accordance with section 5 of this rule. The Board shall not have jurisdiction to review complaints alleging misconduct based solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. (B) Hearing Authority. The Board shall receive evidence, preserve the record, make findings, and submit recommendations to the Supreme Court as follows: (1) Concerning complaints of misconduct that are alleged to have been committed by a judicial officer, an attorney, a person under suspension from the practice of law or a person on probation; (2) Concerning the mental illness, alcohol and other drug abuse, or disorder of any judicial officer or attorney; record, make findings, and submit recommendations to the Supreme Court as follows: (1) Concerning complaints of misconduct that are alleged to have been committed by a judicial officer, an attorney, a person under suspension from the practice of law or a person on probation; (2) Concerning the mental illness, alcohol and other drug abuse, or disorder of any judicial officer or attorney; (3) Relating to petitions for reinstatement as an attorney; Upon reference by the Supreme Court of conduct by a judicial officer or an attorney affecting any proceeding under this rule, where the acts allegedly constitute a contempt of the Supreme Court or a breach of these rules but did not take place in the presence of the Supreme Court or a member of the Supreme Court, whether by willful disobedience of any order or judgment of the Supreme Court or the Board, by interference with any officer of the Supreme Court in the prosecution of any duty, or otherwise. This rule shall not limit or affect the plenary power of the Supreme Court to impose punishment for either contempt or breach of these rules committed in its presence, or the plenary power of any other court for contempt committed in its presence. (C) Subpoenas. The Board may issue subpoenas and cause testimony to be taken under oath before disciplinary counsel, a certified grievance committee, hearing panel, or the Board. Each subpoena shall be issued in the name and under the seal of the Supreme Court and shall be signed by the director, Board chair, Board vice-chair, or chair of a hearing panel and served as provided by the Rules of Civil Procedure. Witness fees and mileage shall be as provided in R.C. 2335.06. The refusal or neglect of a person subpoenaed as a witness to obey a subpoena, attend, be sworn or affirm, or to answer any proper question shall be considered a contempt of the Supreme Court and punishable accordingly. ard chair, Board vice-chair, or chair of a hearing panel and served as provided by the Rules of Civil Procedure. Witness fees and mileage shall be as provided in R.C. 2335.06. The refusal or neglect of a person subpoenaed as a witness to obey a subpoena, attend, be sworn or affirm, or to answer any proper question shall be considered a contempt of the Supreme Court and punishable accordingly. (D) Advisory Opinions. The Board may issue nonbinding advisory opinions in response to prospective or hypothetical questions directed to the Board regarding the application of the Supreme Court Rules for the Government of the Bar of Ohio, the Supreme Court Rules for the Government of the Judiciary of Ohio, the Ohio Rules of Professional Conduct, the Code of Judicial Conduct, or the Attorney's Oath of Office. (E) Regulations. The Supreme Court shall have authority to adopt regulations for the operations of the Board. The Board shall review and may recommend proposed regulations for review, and if approved, adopted by the Supreme Court. Proposed regulations and amendments to existing regulations shall be published for comment prior to adoption in a manner consistent with rule amendments proposed by the Supreme Court, and adopted regulations shall be published in the same manner as rules adopted by the Supreme Court. The regulations shall include the following provisions: (1) Procedures for regularly reviewing the performance of certified grievance committees, identifying certified grievance committees that are not in compliance with the standards set forth in this rule, and for decertifying a certified grievance committee that fails to improve its performance after being notified of noncompliance; (2) Time guidelines for the processing of disciplinary cases pending before the Board and panels of the Board; (3) Procedures for the issuance of advisory opinions; fied grievance committees that are not in compliance with the standards set forth in this rule, and for decertifying a certified grievance committee that fails to improve its performance after being notified of noncompliance; (2) Time guidelines for the processing of disciplinary cases pending before the Board and panels of the Board; (3) Procedures for the issuance of advisory opinions; (4) Procedures for allowing and reimbursing the expenditures of certified local grievance committees. Section 3. Director of the Board. (A) Director. The Chief Justice and Justices of the Supreme Court shall appoint a director of the Board. The director shall be an attorney admitted to the practice of law in Ohio, shall be appointed by a majority of the Court, and shall serve at the pleasure of the Court. The position of director shall be a fulltime position. Neither the director nor any other employee of the Board shall be employed by any trial or appellate court. (B) Responsibilities. The director shall have the following responsibilities: (1) Serve as the chief legal and administrative officer of the Board; (2) Schedule all meetings of the Board and its committees and all hearings of Board panels; (3) Maintain a docket of each complaint and of all proceedings on each complaint, which shall be retained permanently as a part of the records of the Board; (4) Execute entries on behalf of the Board and its hearing panels and execute entries for extensions of time where appropriate; (5) Issue subpoenas pursuant to Section 2(C) of this rule; (6) Employ such personnel as are reasonably necessary to discharge the responsibilities set forth in this rule and shall establish the salaries of personnel, subject to approval by the Chief Justice and Justices of the Supreme Court; of the Board and its hearing panels and execute entries for extensions of time where appropriate; (5) Issue subpoenas pursuant to Section 2(C) of this rule; (6) Employ such personnel as are reasonably necessary to discharge the responsibilities set forth in this rule and shall establish the salaries of personnel, subject to approval by the Chief Justice and Justices of the Supreme Court; (7) Maintain the records for the receipt and expenditure of money, and prepare financial reports and budgets as required by the Chief Justice and Justices of the Supreme Court, the Supreme Court Rules for the Government of the Bar of Ohio, and the Supreme Court Rules for the Government of the Judiciary of Ohio; (8) File with the Supreme Court annually a report of the activities and expenses of the Board; (9) Take all necessary steps to see that office facilities, furnishings, stationery, equipment, and office supplies are available as needed; (10) Assist the Board in preparing advisory opinions pursuant to Section 2(D) of this rule; (11) Take any other action consistent with the director’s position as chief legal and administrative officer that is not otherwise inconsistent with any direction by the Chief Justice and Justices of the Supreme Court, the Supreme Court Rules for the Government of the Bar of Ohio, and the Supreme Court Rules for the Government of the Judiciary of Ohio. Section 4. Office of Disciplinary Counsel. (A) Disciplinary Counsel. With the approval of the Supreme Court, the Board, by majority vote, shall appoint a disciplinary counsel who shall perform all of the following duties: (1) Investigate allegations of misconduct by judicial officers or attorneys and allegations of mental illness, alcohol and other drug abuse, or disorder affecting judicial officers or attorneys; (2) Initiate and prosecute complaints as a result of investigations under the provisions of this rule; ty vote, shall appoint a disciplinary counsel who shall perform all of the following duties: (1) Investigate allegations of misconduct by judicial officers or attorneys and allegations of mental illness, alcohol and other drug abuse, or disorder affecting judicial officers or attorneys; (2) Initiate and prosecute complaints as a result of investigations under the provisions of this rule; (3) Certify bar counsel nominated by certified grievance committees pursuant to Section 6 of this rule; (4) Comply with the record retention standards set forth in Section 5 of this rule; (5) In consultation with the Board, representatives of the certified grievance committees, and others, develop and offer an education curriculum for bar counsel and certified grievance committee members, including an orientation program for newly appointed certified grievance committee members; (6) Dismiss any grievance alleging misconduct based solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. (B) Appointment; In-term Removal. Disciplinary counsel shall be appointed for a term of four years and may be removed in-term only for just cause. In-term removal for just cause shall be instituted by the filing, with the Chief Justice, of a written petition by the chair, acting by authority of a two-thirds vote of the Board. Upon receipt of the petition, the Chief Justice shall cause it to be served on disciplinary counsel for response. Thereafter, the Chief Justice shall schedule a hearing before the Supreme Court, which shall determine whether there is just cause for the removal of disciplinary counsel. Disciplinary counsel shall be removed upon the affirmative vote of five or more members of the Supreme Court. Upon receipt of the petition, the Chief Justice shall cause it to be served on disciplinary counsel for response. Thereafter, the Chief Justice shall schedule a hearing before the Supreme Court, which shall determine whether there is just cause for the removal of disciplinary counsel. Disciplinary counsel shall be removed upon the affirmative vote of five or more members of the Supreme Court. (C) Assistants; Staff. Disciplinary counsel may appoint assistants as necessary who shall be attorneys admitted to the practice of law in Ohio and who shall not engage in the private practice of law while serving in that capacity. Disciplinary counsel shall appoint staff as required to satisfactorily fulfill the duties of the Office of Disciplinary Counsel. Disciplinary counsel shall retain one or more investigators who may be assigned by disciplinary counsel to assist certified grievance committees in the investigation of grievances. Employees of the Office of Disciplinary Counsel shall serve at the pleasure of disciplinary counsel. (D) Compensation; Supplies; Annual Report. The compensation of disciplinary counsel shall be fixed by the Supreme Court at the time of appointment. Both initial and renewal offer letters for disciplinary counsel shall include the proposed term of service, starting salary, and basis for future salary adjustments. The compensation of personnel employed by the Office of Disciplinary Counsel, including any assistant disciplinary counsel, shall be fixed by disciplinary counsel with the approval of the Supreme Court. The Supreme Court shall provide office facilities, furnishings, stationery, equipment, and office supplies for the Office of Disciplinary Counsel. Disciplinary counsel shall file annually with the Supreme Court and the Board a report of the activities and expenses of the office. any assistant disciplinary counsel, shall be fixed by disciplinary counsel with the approval of the Supreme Court. The Supreme Court shall provide office facilities, furnishings, stationery, equipment, and office supplies for the Office of Disciplinary Counsel. Disciplinary counsel shall file annually with the Supreme Court and the Board a report of the activities and expenses of the office. (E) Quarterly Report. By the fifteenth day of January, April, July, and October of each year, disciplinary counsel shall file with the Supreme Court and the Board a report of the number of grievances made to the Office of Disciplinary Counsel during the preceding quarter. The report shall be on a form prescribed by the Board and shall specify the types of grievances filed and state the number of grievances filed, the number pending in each prescribed category and the number terminated by action of the Office of Disciplinary Counsel during the reporting period. (F) Confidentiality; Oath of Office. No employee of the Office of Disciplinary Counsel shall disclose to any person any proceedings, documents, or deliberations of the Office of Disciplinary Counsel. Prior to taking office, disciplinary counsel and each employee of the Office of Disciplinary Counsel shall swear or affirm that he or she will abide by these rules. (G) Proactive Management-Based Regulation. Disciplinary counsel shall establish a free, CLE-accredited proactive management-based regulation curriculum to assist attorneys in developing ethical infrastructures to improve the delivery of legal services and client relations and enhance the provision of competent and cost-effective legal services to prevent violations of the Ohio Rules of Professional Conduct. The curriculum may include, but is not limited to, continuing legal education on the ethical operation of a law practice, and the curriculum shall be open to any attorney admitted to practice law in Ohio ve the delivery of legal services and client relations and enhance the provision of competent and cost-effective legal services to prevent violations of the Ohio Rules of Professional Conduct. The curriculum may include, but is not limited to, continuing legal education on the ethical operation of a law practice, and the curriculum shall be open to any attorney admitted to practice law in Ohio. All information related to an attorney’s participation in the curriculum shall be confidential, except that disciplinary counsel may report proof of completion and aggregate statistics from the curriculum. Section 5. Certified Grievance Committees. (A) Certified Grievance Committees. A certified grievance committee shall be an organized committee of the Ohio State Bar Association or of one or more local bar associations in Ohio that permits the membership of any attorney practicing within the geographic area served by that association without reference to the attorney’s area of practice, special interest, or other criteria. There shall be only one certified grievance committee in each county. Two or more bar associations may establish a joint certified grievance committee in accordance with the procedure outlined in division (C) of this section. (B) Board Certification. Upon application by a bar association or bar associations and satisfaction of the standards set forth in division (D) of this section, the Board may certify a grievance committee to investigate allegations of misconduct by judicial officers or attorneys and mental illness, alcohol and other drug abuse, or disorder affecting judicial officers or attorneys and initiate and prosecute complaints as a result of investigations under the provisions of this rule satisfaction of the standards set forth in division (D) of this section, the Board may certify a grievance committee to investigate allegations of misconduct by judicial officers or attorneys and mental illness, alcohol and other drug abuse, or disorder affecting judicial officers or attorneys and initiate and prosecute complaints as a result of investigations under the provisions of this rule. A certified grievance committee shall have authority to investigate a grievance filed against an attorney who resides or maintains an office in the geographic area served by the committee or where the misconduct alleged in the grievance occurred within the geographic area served by the committee. Except for a grievance that is referred by the director or Office of Disciplinary Counsel due to a conflict of interest, a certified grievance committee shall not have the authority to investigate allegations of misconduct against any of the following: (1) An attorney who is an officer of the bar association that established the certified grievance committee or a member of the certified grievance committee; (2) A judicial officer, except that the certified grievance committee of the Ohio State Bar Association may investigate allegations of misconduct against a judicial officer; (3) An attorney or judicial officer solely engaging in speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. (C)(1) Joint Committees. A bar association seeking to establish a grievance committee or the bar associations seeking to establish a joint grievance committee shall file a petition with the Board seeking approval to establish a certified grievance committee or joint certified grievance committee. The petition shall include all of the following: ticle II, Section 12 of the Ohio Constitution. (C)(1) Joint Committees. A bar association seeking to establish a grievance committee or the bar associations seeking to establish a joint grievance committee shall file a petition with the Board seeking approval to establish a certified grievance committee or joint certified grievance committee. The petition shall include all of the following: (a) The name of the bar association or bar associations seeking to form a grievance committee or joint grievance committee; (b) The names of the chair and other members of the grievance committee, provided the membership of a joint grievance committee shall be in proportion to the number of attorneys employed in the geographic area served by each bar association establishing the joint committee; (c) The name of the lawyer who will serve as bar counsel to the grievance committee; (d) In the case of a petition to form a joint grievance committee, a copy of the written agreement between or among the sponsoring bar associations that establishes and governs the operation of the grievance committee; (e) Any other information the Board considers necessary to evaluate the petition. (2) Upon receipt of a completed petition, the Board promptly shall determine whether the proposed grievance committee satisfies the requirements to establish a grievance committee and the standards set forth in division (D) of this section. Upon determination that the grievance committee satisfies these requirements and standards and upon certification of bar counsel as required by Section 6 of this rule, the Board shall certify the grievance committee as eligible to accept and investigate grievances and file and prosecute formal complaints as set forth in this rule. (D)(1) Standards for Certified Grievance Committees. To obtain and retain certification, each grievance committee shall satisfy all of the following standards: n certification of bar counsel as required by Section 6 of this rule, the Board shall certify the grievance committee as eligible to accept and investigate grievances and file and prosecute formal complaints as set forth in this rule. (D)(1) Standards for Certified Grievance Committees. To obtain and retain certification, each grievance committee shall satisfy all of the following standards: (a) Membership and term limits. Consist of no fewer than fifteen persons, including a chair who shall not serve as chair for more than two consecutive years. A majority of the members of the certified grievance committee shall consist of attorneys admitted to the practice of law in Ohio, and at least three members or ten percent of the certified grievance committee, whichever is greater, shall consist of persons who are not admitted to the practice of law in Ohio or any other state. Not more than twenty percent of the committee or five members, whichever is less, shall consist of attorneys who practice in the same firm, as defined in Prof. Cond. R. 1.0, or governmental office. (i) Each bar association responsible for appointing members to its certified grievance committee shall adopt and implement procedures that provide for the appointment of certified grievance committee members to specific terms of office, with the length of such terms to be determined by the appointing authority and subject to the ten-year limitation on consecutive service set forth in division (D)(1)(a)(ii) of this section. The expiration dates of the initial terms of office shall be established to ensure that the terms of members expire in different years. of certified grievance committee members to specific terms of office, with the length of such terms to be determined by the appointing authority and subject to the ten-year limitation on consecutive service set forth in division (D)(1)(a)(ii) of this section. The expiration dates of the initial terms of office shall be established to ensure that the terms of members expire in different years. (ii) No member of a certified grievance committee shall serve or have served on the committee for more than ten consecutive years. A member’s tenure on a certified grievance committee prior to January 1, 2016, shall be considered for purposes of determining the member’s consecutive service on the certified grievance committee. A member who served on the committee for ten consecutive years may be reappointed to the committee if two or more years have elapsed since the conclusion of the member’s prior service. (b) Meetings. Meet at least once every third month. (c) Office. Maintain a fulltime, permanent office that is open during regular business hours, has a listed telephone number, and is staffed by a minimum of one fulltime employee to process grievances received by the certified grievance committee and assist with other work of the certified grievance committee. A joint certified grievance committee shall designate a single office within the geographical region served by the joint committee, and the fulltime employee designated to assist the committee may be employed jointly by the bar associations that have established the joint committee. (d) Bar counsel. Nominate bar counsel, who shall be certified by disciplinary counsel pursuant to and perform the duties set forth in Section 6 of this rule. Bar counsel may be a volunteer or be paid for services related to disciplinary activities by or through the certified grievance committee. (e) Files and records. Maintain files and records of proceedings, in paper or electronic format and in accordance with the following schedule: l be certified by disciplinary counsel pursuant to and perform the duties set forth in Section 6 of this rule. Bar counsel may be a volunteer or be paid for services related to disciplinary activities by or through the certified grievance committee. (e) Files and records. Maintain files and records of proceedings, in paper or electronic format and in accordance with the following schedule: (i) Records of the proceedings of the certified grievance committee and files related to any matter in which the committee filed a formal complaint shall be retained permanently; (ii) Files related to any matter in which the committee initiated an investigation shall be retained for ten years; (iii) Files related to any matter that the committee dismissed without investigation shall be retained for two years. (f) Funding. Be sufficiently funded by the sponsoring bar association or associations to perform the duties imposed by these rules. (g) Written procedures. Establish and file with the Board written procedures for the processing of grievances. The written procedures shall provide a method for notifying potential grievants that they have the option to file a grievance with the Office of Disciplinary Counsel rather than with the certified grievance committee. (h) Quarterly reports. File quarterly reports with the Supreme Court and the Board on the form and by the dates prescribed in section 4 of this rule. Each certified grievance committee shall include in the report the results of cases referred to the Board-approved alternative dispute resolution methods along with recommendations for further action, including discontinuance or amendment of alternative dispute resolution procedures. eports with the Supreme Court and the Board on the form and by the dates prescribed in section 4 of this rule. Each certified grievance committee shall include in the report the results of cases referred to the Board-approved alternative dispute resolution methods along with recommendations for further action, including discontinuance or amendment of alternative dispute resolution procedures. (2) Continuing education. A certified grievance committee shall encourage each committee member, in the member’s first full calendar year of service and each calendar year thereafter, to complete a minimum of one continuing education program or activity offered or approved by disciplinary counsel in one or more of the following subject-matter areas: (a) Legal ethics; (b) Judicial ethics; (c) Execution of the responsibilities outlined in this rule for the review and investigation of grievances and the preparation and prosecution of formal complaints. (3) Web Site. A certified grievance committee shall maintain an Internet site that includes the address and telephone number of its office and a description of its duties and responsibilities. (E)(1) Annual Report and Biennial Recertification. On or before the first day of March, each certified grievance committee shall file with the Board a report of its activity in the preceding calendar year. The annual report shall be submitted on behalf of the certified grievance committee by the committee chair and bar counsel, and shall include all of the following: (a) A current roster of all members of the certified grievance committee that identifies the committee chair, the nonattorney members of the committee, the tenure of each member’s service on the committee, and the expiration date of each committee member’s term; (b) Information indicating compliance by bar counsel with the education requirements set forth in Section 6(C)(4) of this rule; (a) A current roster of all members of the certified grievance committee that identifies the committee chair, the nonattorney members of the committee, the tenure of each member’s service on the committee, and the expiration date of each committee member’s term; (b) Information indicating compliance by bar counsel with the education requirements set forth in Section 6(C)(4) of this rule; (c) Other information considered necessary by the Board to ascertain the certified grievance committee’s compliance with the standards set forth in division (D) of this section. (2) Based on the content of the annual reports for the two preceding years and other relevant information that may be available to the Board, the Board, on or before May 1 of each even-numbered year, shall do one of the following: (a) Recertify the grievance committee; (b) Notify the certified grievance committee of its noncompliance with specific minimum standards applicable to the operation of a certified grievance committee, the steps the certified grievance committee is required to take to remedy noncompliance, and the time in which the certified grievance committee must remedy noncompliance; (c) Initiate decertification proceedings pursuant to division (F) of this section. (F)(1) Decertification. The Board may decertify a certified grievance committee at the request of one or more of its sponsoring local bar associations or sua sponte. If the committee fails to adhere to the standards set forth in division (D) and (E) of this section and regulations adopted by the Board, if bar counsel fails to comply with the requirements set forth in section 6 of this rule, or if the committee substantially fails to perform the obligations set forth in these rules, the director may issue to the chair of the certified grievance committee and president of the sponsoring bar association an order to show cause why the grievance committee should not be decertified by the Board for the reasons set forth in the order the requirements set forth in section 6 of this rule, or if the committee substantially fails to perform the obligations set forth in these rules, the director may issue to the chair of the certified grievance committee and president of the sponsoring bar association an order to show cause why the grievance committee should not be decertified by the Board for the reasons set forth in the order. The Board shall hold a hearing before six commissioners, chosen by lot, who do not reside in the same appellate district where the certified grievance committee is located. If two-thirds of the panel of commissioners recommends decertification, it shall issue findings setting forth all of the following: (a) The reasons for decertification; (b) All of the certified grievance committee’s pending matters; (c) Any special circumstances by reason of which the committee should not be required to discharge its remaining responsibilities in any or all pending matters. (2) The Board shall review the report and findings of the panel recommending decertification and, by two-thirds vote, may decertify the committee. In the absence of special circumstances, the Board shall not decertify a certified grievance committee, either at the request of a sponsoring bar association or sua sponte, before the committee has discharged to the Board’s satisfaction the committee’s remaining responsibilities in its then-pending matters. The Board shall prepare a report of its findings. s vote, may decertify the committee. In the absence of special circumstances, the Board shall not decertify a certified grievance committee, either at the request of a sponsoring bar association or sua sponte, before the committee has discharged to the Board’s satisfaction the committee’s remaining responsibilities in its then-pending matters. The Board shall prepare a report of its findings. (3) A certified grievance committee may appeal the Board’s decision to decertify the committee by filing a written request with the Administrative Director of the Supreme Court within fourteen days after the committee is notified of decertification. The Supreme Court shall make the final determination of whether to decertify the committee. (G) Alternative Dispute Resolution. A certified grievance committee may adopt and utilize written procedures for handling allegations of client dissatisfaction that do not constitute disciplinary violations, to include mediation, office practice monitoring, and other alternative dispute resolution methods. Only alternative dispute resolution procedures developed by the Board shall be used by certified grievance committees. The procedures shall provide that mediators and facilitators shall not be members of or subject to the jurisdiction of the certified grievance committee. (H) Confidentiality; Oath of Office. No employee, appointee, or member of a certified grievance committee shall disclose to any person any proceedings, documents, or deliberations of the committee. Prior to taking office, bar counsel and each employee, appointee, or member of a certified grievance committee shall swear or affirm that he or she will abide by these rules. Section 6. Bar Counsel. Confidentiality; Oath of Office. No employee, appointee, or member of a certified grievance committee shall disclose to any person any proceedings, documents, or deliberations of the committee. Prior to taking office, bar counsel and each employee, appointee, or member of a certified grievance committee shall swear or affirm that he or she will abide by these rules. Section 6. Bar Counsel. (A)(1) Certification of Bar Counsel. Disciplinary counsel shall certify bar counsel and assistant bar counsel who are nominated on or after January 1, 2021. Any bar counsel or assistant bar counsel certified or employed prior to January 1, 2021, shall not be subject to recertification but otherwise shall comply with the requirements set forth in this section. Disciplinary counsel shall promulgate and make available to the certified grievance committees the criteria that will be used in certifying bar counsel and assistant bar counsel and a form for submitting bar counsel nominations for certification. The criteria for certification shall include, but not be limited to, all of the following: (a) Legal experience, including substantive areas of practice and trial experience; (b) Any experience as a member of a certified grievance committee; (c) Experience in reviewing and investigating grievances or prosecuting formal complaints, or both, including but not limited to the approximate number of grievances reviewed and investigated, the number of cases presented to hearing panels of the Board, and the number of disciplinary hearings before the Supreme Court; e; (b) Any experience as a member of a certified grievance committee; (c) Experience in reviewing and investigating grievances or prosecuting formal complaints, or both, including but not limited to the approximate number of grievances reviewed and investigated, the number of cases presented to hearing panels of the Board, and the number of disciplinary hearings before the Supreme Court; (d) References from at least three persons in the legal community who attest to the applicant’s high ethical standards, professionalism, and integrity. (2) Upon receipt of the nomination and application materials, disciplinary counsel shall promptly make a decision to grant or deny certification and provide notice to the certified grievance committee, nominated bar counsel or assistant bar counsel, and the Board of Professional Conduct. To facilitate the review of a nomination and application, disciplinary counsel may conduct an interview of the nominated bar counsel or assistant bar counsel. (B) Decertification. Disciplinary counsel may decertify bar counsel or assistant bar counsel for failing to competently and diligently perform the duties set forth in Gov. Bar R. V or for other good cause shown. Before decertifying bar counsel or assistant bar counsel, disciplinary counsel shall provide to bar counsel or assistant bar counsel and the chair of the certified grievance committee that employs or retains bar counsel or assistant bar counsel written notice proposing the decertification of bar counsel or assistant bar counsel and shall afford bar counsel or assistant bar counsel a reasonable opportunity to respond to the proposed decertification. Bar counsel or assistant bar counsel may appeal decertification by filing a written request with the Administrative Director of the Supreme Court within fourteen days after bar counsel or assistant bar counsel is notified of the determination unsel or assistant bar counsel and shall afford bar counsel or assistant bar counsel a reasonable opportunity to respond to the proposed decertification. Bar counsel or assistant bar counsel may appeal decertification by filing a written request with the Administrative Director of the Supreme Court within fourteen days after bar counsel or assistant bar counsel is notified of the determination. The Supreme Court shall make the final determination of whether to decertify bar counsel or assistant bar counsel. (C) Duties of Bar Counsel. Bar counsel shall devote the time necessary to performing the duties set forth in this rule, including but not limited to the following: (1) Supervising the intake and investigation of grievances; (2) Serving as the point of contact between the certified grievance committee and respondents and respondents’ counsel, provided bar counsel may delegate this task to staff or volunteer members of the certified grievance committee; (3) Advising and training certified grievance committee members on matters of professional conduct and disciplinary procedures; (4) Participating in education activities related to professional conduct and disciplinary procedures, including the completion each calendar year of at least six hours of training offered by disciplinary counsel in the areas of legal ethics, judicial ethics, and the execution of responsibilities for the review and investigation of grievances and prosecution of formal complaints; (5) Serving as counsel of record in each formal complaint filed with the Board by the bar counsel’s certified grievance committee. Bar counsel may delegate authority over the post-complaint adjudication process to assistant bar counsel or volunteer certified grievance committee members or to another certified local bar counsel, provided both of the following requirements are met: (a) The attorney to whom responsibilities are delegated is identified as counsel in the case; e bar counsel’s certified grievance committee. Bar counsel may delegate authority over the post-complaint adjudication process to assistant bar counsel or volunteer certified grievance committee members or to another certified local bar counsel, provided both of the following requirements are met: (a) The attorney to whom responsibilities are delegated is identified as counsel in the case; (b) Bar counsel shall supervise the lead counsel to whom responsibilities are delegated. (D) Noncompliance. Failure of bar counsel to comply with the requirements of this section may be grounds for decertifying the bar counsel’s appointing grievance committee pursuant to Section 5(F)(1) of this rule. Section 7. Funding; Reimbursements to Certified Grievance Committees. (A)(1) Funding and Budgets. The Supreme Court shall allocate funds for the operation of the Board and the Office of Disciplinary Counsel and development and distribution of materials describing the disciplinary process from the Attorney Services Fund. (2) Criteria for Reimbursement. The Supreme Court shall establish criteria for determining whether expenses under divisions (C)(2) and (3) of this section are necessary and reasonable. (B)(1) Budget. At the request of the Administrative Director of the Supreme Court, the Board and the Office of Disciplinary Counsel shall prepare and submit a proposed annual or biennial budget for approval by the Supreme Court. mbursement. The Supreme Court shall establish criteria for determining whether expenses under divisions (C)(2) and (3) of this section are necessary and reasonable. (B)(1) Budget. At the request of the Administrative Director of the Supreme Court, the Board and the Office of Disciplinary Counsel shall prepare and submit a proposed annual or biennial budget for approval by the Supreme Court. (2) Application of Criteria for Reimbursement. The Board shall determine whether the expenses incurred under divisions (C)(2) and (3) of this section are necessary and reasonable. (C) Reimbursement for Expenses. The Board shall reimburse certified grievance committees for expenses incurred by the committees in performing the specific obligations imposed on them by these rules. Any reimbursements authorized by the Board shall be paid from moneys allocated by the Court for that purpose from the Attorney Services Fund. All requests for reimbursement shall be submitted with an affidavit and case-specific timesheets documenting the direct and indirect expenses incurred by the certified grievance committee. Reimbursement is not permitted for costs associated with compliance with the standards contained in section 5(D) of this rule, except for the costs listed in division (C)(2) of this section. (1) Reimbursement of Direct Expenses. A certified grievance committee may be reimbursed for direct expenses incurred in performing the specific obligations imposed by this rule. Reimbursement shall be limited to costs for depositions, transcripts, copies of documents, necessary travel expenses for witnesses and volunteer attorneys, witness fees, costs of subpoenas and the service of subpoenas, and compensation of investigators and expert witnesses authorized in advance by the Board. There shall be no reimbursement for the costs of the time of other bar association personnel or attorneys in discharging these obligations ons, transcripts, copies of documents, necessary travel expenses for witnesses and volunteer attorneys, witness fees, costs of subpoenas and the service of subpoenas, and compensation of investigators and expert witnesses authorized in advance by the Board. There shall be no reimbursement for the costs of the time of other bar association personnel or attorneys in discharging these obligations. Reimbursement shall be made upon submission to the director of the Board of proof of expenditures. Upon approval by the Board, reimbursement shall be made from the Attorney Services Fund. (2) Annual Reimbursement of Indirect Expenses. A certified grievance committee may apply to the Board prior to the first day of February each year for partial reimbursement of other expenses necessarily and reasonably incurred during the preceding calendar year in performing its obligations under these rules. Expenses eligible for reimbursement are those specifically relating to professional conduct enforcement and include all of the following: (a) The personnel costs for the portion of an employee’s work that is dedicated to this area; (b) The costs of bar counsel who is retained pursuant to written agreement with or employed by the certified grievance committee; (c) Postal and delivery charges; (d) Long distance telephone charges; (e) Local telephone charges and other appropriate line charges including, but not limited to, per call charges; (f) The cost of dedicated telephone lines; (g) Subscriptions to legal research services and materials related to professional conduct; (h) Organizational dues and educational expenses relating to professional conduct enforcement; (i) All costs of defending grievance and disciplinary-related lawsuits and that portion of professional liability insurance premiums directly attributable to the operation of the committees in performing their obligations under this rule; services and materials related to professional conduct; (h) Organizational dues and educational expenses relating to professional conduct enforcement; (i) All costs of defending grievance and disciplinary-related lawsuits and that portion of professional liability insurance premiums directly attributable to the operation of the committees in performing their obligations under this rule; (j) The percentage of rent, insurance premiums not reimbursed pursuant to division (C)(2)(i) of this section, supplies and equipment, accounting costs, occupancy, utilities, office expenses, repair and maintenance, and other overhead expenses directly attributable to the operation of the committees in performing their obligations under this rule, as determined by the Board and provided that no certified grievance committee shall be reimbursed in excess of thirty thousand dollars per calendar year for such expenses. Reimbursement shall not be made for the costs of the time of other bar association personnel, volunteer attorneys, depreciation, or amortization. No expense reimbursed under division (C)(1) of this section is eligible for reimbursement under division (C)(2) of this section; (k) The Board may deny reimbursement for any expense for which a certified grievance committee seeks reimbursement on or after the first day of March of the year immediately following the calendar year in which the expense was incurred. eciation, or amortization. No expense reimbursed under division (C)(1) of this section is eligible for reimbursement under division (C)(2) of this section; (k) The Board may deny reimbursement for any expense for which a certified grievance committee seeks reimbursement on or after the first day of March of the year immediately following the calendar year in which the expense was incurred. (3) Quarterly Reimbursement of Certain Indirect Expenses. In addition to applying annually for reimbursement pursuant to division (C)(2) of this section, a certified grievance committee may apply quarterly to the Board for reimbursement of the expenses set forth in divisions (C)(2)(a) and (b) of this section that were necessarily and reasonably incurred during the preceding calendar quarter. Quarterly reimbursement shall be submitted in accordance with the following schedule: Reimbursement for the months of: Due by: January, February, and March May 1 April, May, and June August 1 July, August, and September November 1 October, November, and December February 1 (with annual reimbursement request) Any expense that is eligible for quarterly reimbursement, but that is not submitted on a quarterly reimbursement application, shall be submitted no later than the appropriate annual reimbursement application deadline pursuant to division (C)(2) of this section and shall be denied by the Board if not timely submitted. er, November, and December February 1 (with annual reimbursement request) Any expense that is eligible for quarterly reimbursement, but that is not submitted on a quarterly reimbursement application, shall be submitted no later than the appropriate annual reimbursement application deadline pursuant to division (C)(2) of this section and shall be denied by the Board if not timely submitted. (4) Deferral or Denial of Reimbursements. The Board may defer or deny an indirect reimbursement requested by a certified grievance committee based on the committee’s failure to satisfy the standards in sections 5(D) and (E) of this rule or bar counsel’s noncompliance with the requirements of section 6(C) of this rule. A certified grievance committee may appeal deferral or denial of a specific reimbursement by filing a written request with the Administrative Director of the Supreme Court within fourteen days after the certified grievance committee is notified of the Board’s decision. The Supreme Court shall make the final determination of whether to approve or deny reimbursement. (D) Audit. Expenses incurred by certified grievance committees and reimbursed under division (C) of this section may be audited at the discretion of the Board or the Supreme Court. The costs of any audit shall be paid from the Attorney Services Fund. (E) Availability of Funds. Reimbursement under division (C) of this section is subject to the availability of moneys in the Attorney Services Fund. Section 8. Public Access to Disciplinary Documents and Proceedings. (A)(1) Proceedings Prior to Probable Cause. Prior to a determination of probable cause by the Board, all proceedings, documents, and deliberations relating to review, investigation, and consideration of grievances shall be confidential except as follows: subject to the availability of moneys in the Attorney Services Fund. Section 8. Public Access to Disciplinary Documents and Proceedings. (A)(1) Proceedings Prior to Probable Cause. Prior to a determination of probable cause by the Board, all proceedings, documents, and deliberations relating to review, investigation, and consideration of grievances shall be confidential except as follows: (a) Where the respondent expressly and voluntarily waives confidentiality of the proceedings. A waiver of confidentiality does not entitle the respondent or any other person access to documents or deliberations expressly designated as confidential under this section. (b) Where the proceedings reveal reasonable cause to believe that respondent is or may be addicted to alcohol or other chemicals, is abusing the use of alcohol or other chemicals, or may be experiencing a disorder that is substantially impairing the respondent’s ability to practice law, the information giving rise to this belief shall be communicated to a committee or subcommittee of a bar association, or to an executive officer or employee of a nonprofit corporation established by a bar association, designed to assist lawyers with disorders. (c) Where, in the course of an investigation by the Office of Disciplinary Counsel or a certified grievance committee, it is found that a person involved in the investigation may have violated federal or state criminal statutes, the entity conducting the investigation shall notify the appropriate law enforcement agency, prosecutorial authority, or regulatory agency of the alleged criminal violation and may provide the agency or authority with information concerning the criminal violation. (2) The Office of Disciplinary Counsel and a certified grievance committee may share information with each other or with the disciplinary authority of another state or federal jurisdiction regarding the review, investigation and consideration of a grievance. agency of the alleged criminal violation and may provide the agency or authority with information concerning the criminal violation. (2) The Office of Disciplinary Counsel and a certified grievance committee may share information with each other or with the disciplinary authority of another state or federal jurisdiction regarding the review, investigation and consideration of a grievance. (3) Except as otherwise provided in division (A) of this section, all investigatory materials prepared in connection with an investigation conducted pursuant to Section 9 of this rule or submitted with a complaint filed pursuant to Section 10 of this rule shall be confidential prior to certification of a formal complaint pursuant to Section 11 of this rule. The materials shall remain confidential if the complaint is dismissed pursuant to Section 11. (B) Proceedings Subsequent to Probable Cause. From the time a complaint has been certified to the Board by a probable cause panel, the complaint and all subsequent proceedings conducted and documents filed in connection with the complaint shall be public except as follows: (1) Deliberations by the Board or a hearing panel of the Board shall be confidential. (2) The report and recommendations of a hearing panel of the Board shall be confidential until the report of the full Board is filed with the Supreme Court. If the case is dismissed either by the hearing panel or the Board pursuant to Section 12(G) or (H) of this rule, any report of the hearing panel shall be public upon the filing of an order of dismissal. The report and recommendation of the Board shall be confidential until the report is filed with the Supreme Court. fidential until the report of the full Board is filed with the Supreme Court. If the case is dismissed either by the hearing panel or the Board pursuant to Section 12(G) or (H) of this rule, any report of the hearing panel shall be public upon the filing of an order of dismissal. The report and recommendation of the Board shall be confidential until the report is filed with the Supreme Court. (3) The summary of investigation prepared by the relator shall be confidential as workproduct of the relator. All other investigatory materials and any attachments prepared in connection with an investigation conducted pursuant to Section 9 of this rule or submitted with a complaint filed pursuant to Section 10 of this rule shall be discoverable as provided in the Ohio Rules of Civil Procedure. (4) The Board-approved alternative-dispute resolution process shall be confidential, and any knowledge obtained by a mediator or facilitator shall be privileged for all purposes under Rule 8.3 of the Ohio Rules of Professional Conduct, provided the knowledge was obtained while the mediator or facilitator was acting as a mediator or facilitator. (C) Restricted Access to Case Documents. A party to a matter pending before the Board may file a motion requesting that the Board restrict public access to all or a portion of a document filed with the Board. Additionally, the chair of a hearing panel or a master may request that the Board restrict public access to all or a portion of a document filed with the Board. In considering the motion or request, the Board chair shall apply the standards set forth in Sup. R. 45(E). If the Board chair finds that public access to a document should be restricted, the order shall direct the use of the least restrictive means available, including but not limited to redaction of the information rather than limiting access to the entire document. nt filed with the Board. In considering the motion or request, the Board chair shall apply the standards set forth in Sup. R. 45(E). If the Board chair finds that public access to a document should be restricted, the order shall direct the use of the least restrictive means available, including but not limited to redaction of the information rather than limiting access to the entire document. (D) Personal Identifiers. A party to a matter pending before the Board shall be responsible for omitting personal identifiers from a case document filed with the Board, consistent with Sup. R. 45(D). As used in this rule, “personal identifiers” and “case document” shall have the same meaning as in Sup. R. 44. (E) Response to Grievance. Notwithstanding the other provisions of this rule, the respondent’s reply to the grievance, made during the course of an investigation by the Office of Disciplinary Counsel or a certified grievance committee, shall be furnished to the grievant without waiving any other right to confidentiality provided by this rule. If the respondent specifically requests, in writing, to the Office of Disciplinary Counsel or certified grievance committee that the reply not be furnished to the grievant, the Office of Disciplinary Counsel or certified grievance committee shall not furnish the reply to the grievant. Release to the grievant of the respondent’s reply is, nevertheless, encouraged and consistent with the liberal construction of this rule for the protection of the public. (F) Administrative and Financial Records. Except as otherwise provided in this section or in rules adopted by the Supreme Court, documents and records pertaining to the administration and finances of the Board and the Office of Disciplinary Counsel, including budgets, reports, and records of income and expenditures, shall be made available, upon request, as provided in Sup. R. 45. Section 9. Filing and Investigation of Grievances. Except as otherwise provided in this section or in rules adopted by the Supreme Court, documents and records pertaining to the administration and finances of the Board and the Office of Disciplinary Counsel, including budgets, reports, and records of income and expenditures, shall be made available, upon request, as provided in Sup. R. 45. Section 9. Filing and Investigation of Grievances. (A) Referral by Board. The Board may refer to a certified grievance committee or the Office of Disciplinary Counsel any matter filed with it for investigation as provided in this section. The Board shall not refer any grievance alleging misconduct based solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. (B) Referral by Certified Grievance Committee. If a certified grievance committee determines in the course of a disciplinary investigation that the matters of alleged misconduct under investigation are sufficiently serious and complex as to require the assistance of the Office of Disciplinary Counsel, the chair of the certified grievance committee may direct a written request for assistance to the disciplinary counsel. The Office of Disciplinary Counsel shall review and may investigate all matters contained in the request and report the results of the investigation to the committee that requested it. (C) Power and Duty to Investigate; Dismissal without Investigation. isciplinary Counsel, the chair of the certified grievance committee may direct a written request for assistance to the disciplinary counsel. The Office of Disciplinary Counsel shall review and may investigate all matters contained in the request and report the results of the investigation to the committee that requested it. (C) Power and Duty to Investigate; Dismissal without Investigation. (1) The Office of Disciplinary Counsel or a certified grievance committee shall review and may investigate a grievance that alleges facts that, if substantiated, would constitute misconduct by a judicial officer or attorney or that alleges facts that, if substantiated, would indicate that a judicial officer or attorney is mentally ill, is suffering from alcohol and other drug abuse, or is suffering from a disorder. The Office of Disciplinary Counsel and a certified grievance committee shall review and may investigate any matter filed with it or that comes to its attention and may file a complaint pursuant to this rule in cases where it finds probable cause to believe that misconduct has occurred or that a condition of mental illness, alcohol and other drug abuse, or disorder exists. (2) A grievance may be dismissed without investigation if the grievance and any supporting material do not contain an allegation of misconduct, mental illness, alcohol and other drug abuse, or disorder on the part of a judicial officer or attorney. A grievance shall be dismissed without investigation if the grievance alleges misconduct based solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. A certified grievance committee shall not dismiss a grievance without investigation unless bar counsel has reviewed the grievance. sed solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. A certified grievance committee shall not dismiss a grievance without investigation unless bar counsel has reviewed the grievance. (D) Time for Investigation. The investigation of grievances by Office of Disciplinary Counsel or a certified grievance committee shall be concluded within two hundred seventy days from the date of the receipt of the grievance. A decision as to the disposition of the grievance shall be made within thirty days after conclusion of the investigation. (1) Extensions of Time. Upon written request of disciplinary counsel or a certified grievance committee, the director of the Board may extend the time to complete an investigation beyond two hundred seventy days in the event of pending litigation, appeals, unusually complex investigations, including the investigation of multiple grievances, time delays in obtaining evidence or testimony of witnesses, or for other good cause shown. Disciplinary counsel or the certified grievance committee shall provide notice of an extension request to the respondent or respondent’s counsel. No investigation shall be extended beyond one year from the date of receipt of the grievance. If an investigation is not completed within two hundred seventy days from the date of filing the grievance or a good cause extension of that time, the director may refer the matter either to a geographically appropriate certified grievance committee or disciplinary counsel. t or respondent’s counsel. No investigation shall be extended beyond one year from the date of receipt of the grievance. If an investigation is not completed within two hundred seventy days from the date of filing the grievance or a good cause extension of that time, the director may refer the matter either to a geographically appropriate certified grievance committee or disciplinary counsel. (2) Time Limits not Jurisdictional. Time limits set forth in this rule are not jurisdictional. No investigation or complaint shall be dismissed unless it appears that there has been an unreasonable delay and that the rights of the respondent to have a fair hearing have been violated. Investigations that extend beyond one year from the date of filing are prima facie evidence of unreasonable delay. (E) Retaining Outside Experts. If a particular investigation may benefit from the services of an independent investigator, auditor, examiner, assessor, or other expert, a certified grievance committee may submit a written request to the director for permission to retain the services of the outside expert. The written request shall include a general statement of the purpose for which the request is being made and an estimate of the fees and costs expected to be incurred. The outside expert may be retained upon receipt of written approval of the director. (F) Cooperation with Lawyers’ Fund for Client Protection. Upon the receipt of any grievance presenting facts that may be the basis for reimbursement from the Lawyers’ Fund for Client Protection under Gov. Bar R. VIII, the Office of Disciplinary Counsel or a certified fees and costs expected to be incurred. The outside expert may be retained upon receipt of written approval of the director. (F) Cooperation with Lawyers’ Fund for Client Protection. Upon the receipt of any grievance presenting facts that may be the basis for reimbursement from the Lawyers’ Fund for Client Protection under Gov. Bar R. VIII, the Office of Disciplinary Counsel or a certified grievance committee shall notify the grievant of the potential right to reimbursement from the fund and provide the grievant with the forms necessary to initiate a claim with the fund. The Office of Disciplinary Counsel, a certified grievance committee, and the Board shall provide the Board of Commissioners of the Lawyers’ Fund for Client Protection with findings from investigations, grievances, or any other records it requests in connection with an investigation under Gov. Bar R. VIII. The transmittal of confidential information may be delayed pending the termination of the disciplinary investigation or proceedings. (G) Duty to Cooperate. The Board, Disciplinary Counsel, and president, secretary, or chair of a certified grievance committee may call upon any judicial officer or attorney to assist in an investigation or testify in a hearing before the Board or a panel for which provision is made in this rule, including mediation and alternative dispute resolution procedures, as to any matter that he or she would not be bound to claim privilege as an attorney at law. No attorney, and no judicial officer, except as provided in Rule 3.3 of the Code of Judicial Conduct, shall neglect or refuse to assist or testify in an investigation or hearing. ard or a panel for which provision is made in this rule, including mediation and alternative dispute resolution procedures, as to any matter that he or she would not be bound to claim privilege as an attorney at law. No attorney, and no judicial officer, except as provided in Rule 3.3 of the Code of Judicial Conduct, shall neglect or refuse to assist or testify in an investigation or hearing. (H) Referral of Procedural Questions to Board. In the course of an investigation, the chair of a certified grievance committee, bar counsel, or Disciplinary Counsel may direct a written inquiry regarding a procedural question to the director of the Board. Upon receipt of a written inquiry, the director shall consult with the chair of the Board and respond to the inquiry. Section 10. Requirements for Filing a Complaint. (A) Notice of Intent to File. No investigation conducted by disciplinary counsel or a certified grievance committee shall be completed, and no complaint shall be filed with the Board, without first giving the judicial officer or attorney who is the subject of the grievance or investigation a written notice of intent to file a formal complaint and fourteen days to respond to the notice. The notice of intent shall include both of the following: (1) A copy of the proposed complaint setting forth each allegation of professional misconduct; (2) Information about the Ohio Lawyers Assistance Program or the Ohio Judicial Advisory Group. (B) When Filing Complaint Is Barred. No complaint shall be filed by disciplinary counsel or a certified grievance committee if the complaint alleges misconduct based solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. rred. No complaint shall be filed by disciplinary counsel or a certified grievance committee if the complaint alleges misconduct based solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. (C) Two-Thirds Vote Required. No complaint shall be filed by a certified grievance committee with the Board unless two-thirds of a quorum of that committee determines the complaint is warranted. (D) Notice of Intent not to File. If, upon review or investigation of a grievance, a certified grievance committee or the Office of Disciplinary Counsel determines that the filing of a complaint with the Board is not warranted, the grievant and the judicial officer or attorney shall be notified in writing of that determination, with a statement of the reasons that a complaint was not filed with the Board. The written notice provided by a certified grievance committee or the Office of Disciplinary Counsel shall advise the grievant of the right to have the committee’s or the Office of Disciplinary Counsel’s determination reviewed pursuant to division (D) of this section and the steps to obtain such review. Upon request, a certified grievance committee or the Office of Disciplinary Counsel shall provide the judicial officer or attorney with a copy of the grievance. Office of Disciplinary Counsel shall advise the grievant of the right to have the committee’s or the Office of Disciplinary Counsel’s determination reviewed pursuant to division (D) of this section and the steps to obtain such review. Upon request, a certified grievance committee or the Office of Disciplinary Counsel shall provide the judicial officer or attorney with a copy of the grievance. (E) Appeal. A grievant who is dissatisfied with a determination by a certified grievance committee or the Office of Disciplinary Counsel not to file a complaint may secure a review of the determination by filing a written request with the director of the Board within fourteen days after the grievant is notified of the determination. The director shall refer the request for review of the certified grievance committee’s determination to the Office of Disciplinary Counsel, or, in the case of a conflict, to another certified grievance committee that is nonadjacent to the certified grievance committee covering the territory in which the attorney lives or practices. The director shall refer the request for review of the Office of Disciplinary Counsel’s determination to the certified grievance committee of the Ohio State Bar Association, or, in the case of a conflict, to another certified grievance committee that is nonadjacent to the certified grievance committee covering the territory in which the attorney lives or practices. The review shall be considered promptly, a decision made within thirty days, and the grievant notified. The standard of review for an appeal shall be abuse of discretion or error of law. Extensions of time for completion of the review may be granted by the director, upon written request and for good cause shown. No further review or appeal by a grievant shall be authorized lives or practices. The review shall be considered promptly, a decision made within thirty days, and the grievant notified. The standard of review for an appeal shall be abuse of discretion or error of law. Extensions of time for completion of the review may be granted by the director, upon written request and for good cause shown. No further review or appeal by a grievant shall be authorized. If the original determination is not affirmed, any further proceedings shall be handled by the Office of Disciplinary Counsel, the certified grievance committee of the Ohio State Bar Association, or, in the event of a conflict, another certified grievance committee that is nonadjacent to the certified grievance committee covering the territory in which the attorney lives or practices. (F)(1) Content of the Complaint. A complaint filed with the Board shall be filed in the name of either disciplinary counsel or the bar association that sponsors the certified grievance committee, as relator. The complaint shall include all of the following: (a) Allegations of specific misconduct including citations to the rules allegedly violated by the respondent, provided that neither the panel nor the Board shall be limited to the citation to the disciplinary rule in finding violations based on all the evidence if the respondent has fair notice of the charged misconduct; (b) If applicable, an allegation of the nature and amount of restitution that may be owed by the respondent or a statement that the relator cannot make a good faith allegation without engaging in further discovery; (c) A list of any discipline or suspensions previously imposed against the respondent and the nature of the prior discipline or suspension; (d) The respondent’s attorney registration number and his or her last known address; (e) The signatures of one or more attorneys admitted to the practice of law in Ohio, who shall be counsel for the relator and, where applicable, by bar counsel; y; (c) A list of any discipline or suspensions previously imposed against the respondent and the nature of the prior discipline or suspension; (d) The respondent’s attorney registration number and his or her last known address; (e) The signatures of one or more attorneys admitted to the practice of law in Ohio, who shall be counsel for the relator and, where applicable, by bar counsel; (f) A written certification, signed by disciplinary counsel or the president or chair of the certified grievance committee, that the counsel are authorized to represent the relator in the action and have accepted the responsibility of prosecuting the complaint to conclusion. The certification shall constitute the authorization of the counsel to represent the relator in the action as fully and completely as if designated and appointed by order of the Supreme Court with all the privileges and immunities of an officer of the Supreme Court. (2) The complaint shall not include any documents, exhibits, or other attachments unless specifically required by Civ. R. 10. (G) Materials Submitted with the Complaint. The relator shall submit with the complaint sufficient investigatory materials to demonstrate probable cause. The materials shall include any response submitted by or on behalf of the respondent to the notice of intent to file provided by the relator pursuant to section 10(A) and an affidavit from bar counsel or other appropriate representative of the relator documenting relator’s contacts with or attempts to contact the respondent prior to filing the complaint. The materials may include investigation reports, summaries, depositions, statements, and any other relevant material. Section 11. Probable Cause Determinations; Certification and Service of Complaints. and an affidavit from bar counsel or other appropriate representative of the relator documenting relator’s contacts with or attempts to contact the respondent prior to filing the complaint. The materials may include investigation reports, summaries, depositions, statements, and any other relevant material. Section 11. Probable Cause Determinations; Certification and Service of Complaints. (A) Probable Cause Panels. The Board shall establish two probable cause panels to review each complaint filed with the Board. The chair of the Board shall designate three commissioners to serve on each panel and shall designate one attorney or judge commissioner as chair. Each panel shall meet in person or by teleconference pursuant to a schedule established by the director of the Board. Except as provided in division (B) of this section, the director shall assign each complaint and the investigatory materials to a probable cause panel for review. Upon review solely of the complaint and any materials submitted with the complaint pursuant to section 10 of this rule, the probable cause panel shall make an independent determination of whether probable cause exists for the filing of a complaint. The panel shall issue an order certifying the complaint, in whole or in part, to the Board or dismissing the complaint and investigation in its entirety. The panel shall dismiss any complaint or investigation alleging misconduct based solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. sing the complaint and investigation in its entirety. The panel shall dismiss any complaint or investigation alleging misconduct based solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. (B) Waiver of Probable Cause. If the respondent has expressly waived, in writing, his or her right to an independent determination of probable cause by the Board, the director shall immediately certify the complaint to the Board and send a copy of the complaint to the relator and by electronic service address or certified mail to the respondent. (C) Service, and Publication of Certified Complaint; Notice of Dismissal. The director shall take the following action based on the order of the probable cause panel: (1) If the panel certifies the complaint in its entirety, the director shall serve the complaint on the respondent via electronic service address or certified mail and send a copy to the relator. (2) If the panel certifies the complaint in part, the director shall instruct the relator to prepare and submit a new complaint that conforms to the order of the probable cause panel. Upon receipt of the new complaint, the director shall serve the complaint on the respondent via electronic service address or certified mail and send a copy to the relator. (3) If the panel dismisses the complaint for want of probable cause, the director shall provide the relator and respondent with notice of dismissal. The notice shall advise the relator of its ability to appeal the dismissal to the full Board. w complaint, the director shall serve the complaint on the respondent via electronic service address or certified mail and send a copy to the relator. (3) If the panel dismisses the complaint for want of probable cause, the director shall provide the relator and respondent with notice of dismissal. The notice shall advise the relator of its ability to appeal the dismissal to the full Board. (4) Upon certification to the Board, the director shall publish or post a copy of each complaint on the Board’s web page. (D) Appeal of Dismissal. Within seven days of receipt of the decision of the probable cause panel to dismiss the complaint in its entirety, the Office of Disciplinary Counsel or certified grievance committee may appeal the decision to the full Board by filing a written appeal with the director of the Board. Upon review solely of the complaint and any materials submitted with the complaint pursuant to Section 10 of this rule, the Board shall make an independent determination as to whether probable cause exists for the filing of a complaint. The Board shall issue an order certifying or dismissing the complaint and notify the relator and respondent of its decision as set forth in division (C) of this section. There shall be no appeal from the decision of the Board. (E) Retention and Destruction of Probable Cause Materials. The director shall retain the complaint, summary of investigation, and attached investigatory materials until such time as a probable cause panel makes a final determination regarding certification of the complaint, until the time for appealing a dismissal of the complaint has expired, or until the Board issues an order regarding any appeal of a dismissal, whichever is later. After a final determination regarding probable cause has been made by a panel or the Board, the director shall dispose of all documents and investigatory materials, other than the formal complaint certified to the Board he complaint, until the time for appealing a dismissal of the complaint has expired, or until the Board issues an order regarding any appeal of a dismissal, whichever is later. After a final determination regarding probable cause has been made by a panel or the Board, the director shall dispose of all documents and investigatory materials, other than the formal complaint certified to the Board. File destruction shall be conducted in a manner that ensures confidentiality. Section 12. Proceedings Before the Board on Certified Complaints. (A) Manner of Discipline. Any judicial officer or attorney found guilty of misconduct shall be disciplined as follows: (1) Disbarment from the practice of law; Suspension from the practice of law for an indefinite period subject to reinstatement as provided in Section 25 of this rule; Suspension from the practice of law for a period of six months to two years subject to a stay in whole or in part; (4) Probation for a period of time upon conditions as the Supreme Court determines, but only in conjunction with a suspension ordered pursuant to division (A)(3) of this section; (5) Public reprimand. (B) Disbarment or Resignation. A person who is disbarred, who has resigned with discipline pending, or who has retired from the practice of law on or after September 1, 2007 shall not be readmitted to the practice of law in Ohio. (C) Appointment of Hearing Panel. After the respondent has filed an answer or the time for filing an answer has elapsed, the director shall appoint a hearing panel consisting of three commissioners chosen by lot from commissioners who did not serve on the probable cause panel. The director shall designate one attorney or judge commissioner to serve as chair of the panel. No member of the hearing panel shall be a resident of the appellate district from which the complaint originated. Not more than one nonattorney shall serve on any hearing panel. A majority of the panel shall constitute a quorum by lot from commissioners who did not serve on the probable cause panel. The director shall designate one attorney or judge commissioner to serve as chair of the panel. No member of the hearing panel shall be a resident of the appellate district from which the complaint originated. Not more than one nonattorney shall serve on any hearing panel. A majority of the panel shall constitute a quorum. The panel chair shall rule on all motions and interlocutory matters. No ruling by the panel chair on a motion or interlocutory matter may be appealed other than in response to a show cause order issued by the Supreme Court. (D) Notice to Respondent upon Filing of the Complaint. The director of the Board shall send a copy of the complaint by electronic service address or certified mail to the respondent with a notice requiring the respondent to file, within twenty days after the mailing of the notice, the respondent’s answer and serve copies of the answer on counsel of record named in the complaint. Extensions of time for the filing of the answer may be granted by the director for good cause shown. (E) Amendments to the Complaint. The relator may file an amended complaint, without filing a motion for leave to amend, prior to the filing of an answer by the respondent. After an answer has been filed, the relator may file an amended complaint only upon leave of the panel chair or the written consent of the respondent. The panel chair may grant the motion for leave to amend for only good cause shown. The amended complaint shall be filed and served as set forth in this rule. The amended complaint shall not be subject to probable cause review. y the respondent. After an answer has been filed, the relator may file an amended complaint only upon leave of the panel chair or the written consent of the respondent. The panel chair may grant the motion for leave to amend for only good cause shown. The amended complaint shall be filed and served as set forth in this rule. The amended complaint shall not be subject to probable cause review. (F) Hearing. Upon reasonable notice and at a time and location set by the panel chair pursuant to the regulations of the Board, the panel shall hold a formal hearing on the complaint. Requests for continuances may be granted by the panel chair for good cause shown. All hearings shall be recorded by a court reporter provided by the Board and a transcript filed with the director. (G) Authority of Hearing Panel; Dismissal. If, at the end of the evidence presented by the relator or of all evidence, a unanimous hearing panel finds that the evidence is insufficient to support a charge or count of misconduct, or that it is based solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution, the panel shall order on the record or in its report that the complaint or count be dismissed. If a unanimous hearing panel dismisses a complaint in its entirety, the director shall send a dismissal entry to the relator, respondent, and all counsel of record. irst Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution, the panel shall order on the record or in its report that the complaint or count be dismissed. If a unanimous hearing panel dismisses a complaint in its entirety, the director shall send a dismissal entry to the relator, respondent, and all counsel of record. (H) Referral by Panel. In the alternative, if the hearing panel determines that findings of fact and recommendations for dismissal should be referred to the Board for review and action by the full Board, the panel may submit its findings of fact to the Board and may recommend dismissal in the same manner as provided in this rule with respect to public reprimand, probation, suspension, or disbarment. If the Board dismisses a complaint in its entirety, the director shall send a dismissal entry to relator, respondent, and counsel of record. (I) Public Reprimand, Probation, Suspension, or Disbarment; Duty of Hearing Panel. If the hearing panel determines, by clear and convincing evidence, that respondent is guilty of misconduct and that a public reprimand, suspension for a period of six months to two years, probation, suspension for an indefinite period, or disbarment is merited, the hearing panel shall submit a report of its findings of fact, conclusions of law, and recommended sanction to the director. If applicable, the panel shall include in its report any conditions of probation, a stayed suspension, or reinstatement to the practice of law. Such conditions may include a requirement that the respondent or petitioner take and receive a passing score on the Multistate Professional Responsibility Examination. its findings of fact, conclusions of law, and recommended sanction to the director. If applicable, the panel shall include in its report any conditions of probation, a stayed suspension, or reinstatement to the practice of law. Such conditions may include a requirement that the respondent or petitioner take and receive a passing score on the Multistate Professional Responsibility Examination. (J) Review by Entire Board. After review, the Board may refer the matter to the hearing panel for further hearing, order a further hearing before the Board, or proceed on the report of the prior proceedings before the hearing panel. After the final review, the Board may dismiss the complaint or find that the respondent is guilty of misconduct. The Board shall dismiss the complaint if the allegation of misconduct is based solely on speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution. If the complaint is dismissed, the dismissal shall be reported to the director of the Board, who shall notify the same persons and organizations that would have received notice if the complaint had been dismissed by the hearing panel. (K) Public Reprimand; Probation, Suspension, or Disbarment; Duty of Board after Review. If the Board determines that a public reprimand, suspension for a period of six months to two years, probation, suspension for an indefinite period, or disbarment is merited, the Board shall file a certified report of its proceedings, including its findings of fact, conclusions of law, and recommended sanction, with the clerk of the Supreme Court. The report shall include the record of proceedings before the Board, a transcript of testimony taken, if any, and an itemized statement of the actual and necessary expenses incurred in connection with the proceedings ted, the Board shall file a certified report of its proceedings, including its findings of fact, conclusions of law, and recommended sanction, with the clerk of the Supreme Court. The report shall include the record of proceedings before the Board, a transcript of testimony taken, if any, and an itemized statement of the actual and necessary expenses incurred in connection with the proceedings. The Board forthwith shall notify the respondent and all counsel of record of the action, enclosing with the notice a copy of the Board’s report and a copy of the statement of the actual and necessary expenses incurred. Section 13. Aggravating and Mitigating Factors. (A) In General. Each disciplinary case involves unique facts and circumstances. In striving for fair disciplinary standards, the Board shall give consideration to specific professional misconduct and to the existence of aggravating or mitigating factors. In determining the appropriate sanction, the Board shall consider all relevant factors, precedent established by the Supreme Court of Ohio, and the aggravating and mitigating factors set forth in this section. (B) Aggravation. Exercising the right to defend oneself against disciplinary charges is not an aggravating factor. The following shall not control the discretion of the Board, but may be considered in favor of recommending a more severe sanction: (1) Prior disciplinary offenses; (2) A dishonest or selfish motive; (3) A pattern of misconduct; (4) Multiple offenses; (5) An unreasonable lack of cooperation in the disciplinary process; (6) The submission of false evidence, false statements, or other deceptive practices during the disciplinary process; (7) A refusal to acknowledge wrongful nature of conduct; (8) The vulnerability of and resulting harm to victims of the misconduct; (9) A failure to make restitution; uct; (4) Multiple offenses; (5) An unreasonable lack of cooperation in the disciplinary process; (6) The submission of false evidence, false statements, or other deceptive practices during the disciplinary process; (7) A refusal to acknowledge wrongful nature of conduct; (8) The vulnerability of and resulting harm to victims of the misconduct; (9) A failure to make restitution; (10) Exercising the right to defend oneself against disciplinary charges is not an aggravating factor. (C) Mitigation. The following shall not control the discretion of the Board, but may be considered in favor of recommending a less severe sanction: (1) The absence of a prior disciplinary record; (2) The absence of a dishonest or selfish motive; (3) A timely, good faith effort to make restitution or to rectify consequences of misconduct; (4) Full and free disclosure to the Board or cooperation with the proceedings; Character or reputation; Imposition of other penalties or sanctions; Existence of a disorder when there has been all of the following: (a) A diagnosis of a disorder by a qualified health care professional or qualified chemical dependency professional; (b) A determination that the disorder contributed to cause the misconduct; (c) In the case of mental disorder, a sustained period of successful treatment or in the case of substance use disorder or nonsubstance-related disorder, a certification of successful completion of an approved treatment program; by a qualified health care professional or qualified chemical dependency professional; (b) A determination that the disorder contributed to cause the misconduct; (c) In the case of mental disorder, a sustained period of successful treatment or in the case of substance use disorder or nonsubstance-related disorder, a certification of successful completion of an approved treatment program; (d) A prognosis from a qualified health care professional or qualified chemical dependency professional that the attorney will be able to return to competent, ethical professional practice under specified conditions. (8) Other interim rehabilitation; (9) In the case of an elected or appointed judge, a voluntary resignation from judicial office prior to the commencement of the judge’s disciplinary hearing before the Board. Section 14. Default; Interim Default Suspension. (A) Certification of Default. If the respondent has not filed an answer to a complaint on or before the answer date set forth in the notice to the respondent of the filing of the complaint or any extension of the answer date, the director of the Board shall provide the relator and respondent, in writing, a notice of intent to certify respondent’s default to the Supreme Court. The certification of default shall be filed fourteen days after the notice of intent to certify unless the respondent files an answer prior to expiration of the fourteen-day period. The certification shall include a copy of the formal complaint pending before the Board and either a certificate indicating that the complaint has been served on the respondent or a certificate indicating that the complaint has been served on the clerk of the Supreme Court pursuant to section 27 of this rule. nless the respondent files an answer prior to expiration of the fourteen-day period. The certification shall include a copy of the formal complaint pending before the Board and either a certificate indicating that the complaint has been served on the respondent or a certificate indicating that the complaint has been served on the clerk of the Supreme Court pursuant to section 27 of this rule. (B)(1) Entry of Interim Default Suspension. Upon receipt of the certification, the Supreme Court shall issue the respondent an order to show cause why an interim default suspension shall not be entered. Notice of the order to show cause shall be served by the clerk of the Supreme Court as set forth in section 17 of this rule, and any response to the order and answer briefs may be filed as set forth in section 17 of this rule. Upon receipt of a response or expiration of the time for objections, the Court may enter an order it considers appropriate, including an order immediately suspending the respondent from the practice of law. Upon entry of an order suspending the respondent pursuant to this section, the clerk of the Supreme Court shall mail certified copies of the order as provided in section 17 of this rule. If the relator determines that the respondent owes restitution to clients or third parties as a result of the misconduct alleged in the formal complaint, the relator shall file a notice of restitution owed with the Supreme Court. The notice of restitution owed shall be filed within ninety days of the date of the entry of an interim default suspension and shall be accompanied by sworn or certified documentary prima facie evidence in support of the claim of restitution. If relator files a motion to initiate default proceedings pursuant to division (D) of this section, the relator shall allege any claim of restitution owed in its motion and present evidence to the Board on remand in support of that claim. try of an interim default suspension and shall be accompanied by sworn or certified documentary prima facie evidence in support of the claim of restitution. If relator files a motion to initiate default proceedings pursuant to division (D) of this section, the relator shall allege any claim of restitution owed in its motion and present evidence to the Board on remand in support of that claim. (C) Motion for Leave to Answer. Within ninety days of the date of the entry of an interim default judgment suspension, the respondent may file a motion with the Supreme Court for leave to file an answer to the complaint pending before the Board. The motion shall include a copy of the respondent’s answer as an attachment. The motion may include a request from the respondent to terminate the interim default suspension for good cause shown. Upon receipt of the motion and any response from the relator, the Court may grant the motion and remand the matter to the Board for further proceedings under section 12 of this rule. The order remanding the matter to the Board shall indicate that the interim default judgment suspension either remains in place while proceedings are pending before the Board or is terminated for good cause shown. (D) Motion to Initiate Default Proceedings. Within ninety days of the date of the entry of an interim default judgment suspension, the relator may file a motion with the Supreme Court to have the case remanded to the Board for the purpose of seeking the permanent disbarment of the respondent. Upon receipt of the motion, the Court may grant the motion and remand the matter to the Board for default proceedings pursuant to division (F) of this section. The order remanding the matter to the Board shall indicate that the interim default judgment suspension remains in place while proceedings are pending before the Board. the purpose of seeking the permanent disbarment of the respondent. Upon receipt of the motion, the Court may grant the motion and remand the matter to the Board for default proceedings pursuant to division (F) of this section. The order remanding the matter to the Board shall indicate that the interim default judgment suspension remains in place while proceedings are pending before the Board. (E)(1) Indefinite Suspension; Restitution. If the respondent has not filed a timely motion for leave to answer pursuant to division (C) of this section or if the relator has not filed a timely motion to initiate disbarment proceedings pursuant to division (D) of this section, the Court shall issue the respondent an order to show cause why the interim default judgment suspension should not be converted into an indefinite suspension. If the relator has filed a notice and supporting evidence pursuant to division (B)(2) of this section, the order shall also direct the respondent to show cause why the respondent should not be ordered to pay restitution in accordance with relator’s notice and evidence. Notice of the order to show cause shall be served by the clerk of the Supreme Court as set forth in section 17 of this rule, and any response to the order and answer briefs may be filed as set forth in section 17 of this rule. Upon receipt of a response or expiration of the time for objections, the Court may enter an order it considers appropriate, including an order immediately converting the interim default suspension into an indefinite suspension and ordering the payment of restitution. section 17 of this rule, and any response to the order and answer briefs may be filed as set forth in section 17 of this rule. Upon receipt of a response or expiration of the time for objections, the Court may enter an order it considers appropriate, including an order immediately converting the interim default suspension into an indefinite suspension and ordering the payment of restitution. (2) Further proceedings to terminate the indefinite suspension and reinstate the respondent to the practice of law shall be conducted pursuant to section 25 of this rule, except that the respondent may file a petition for reinstatement no earlier than two years after the date of the entry of the interim default judgment suspension pursuant to division (B)(1) of this section. (F) Default Proceeding. Within thirty days of the issuance of a remand order pursuant to division (D) of this section, the relator shall file a motion for default with the Board. Prior to filing a motion for default, relator shall make reasonable efforts to contact the respondent. (1) Motion. A motion for default shall contain all of the following: (a) An affidavit from bar counsel or other appropriate representative of the relator documenting the efforts made to contact the respondent and the result; (b) Sworn or certified documentary prima facie evidence in support of the allegations made; (c) The recommendation of the relator that the respondent should be disbarred based on the misconduct alleged in the complaint and case law in support of the recommendation; (d) A statement of any aggravating or mitigating factors of which the relator is aware; act the respondent and the result; (b) Sworn or certified documentary prima facie evidence in support of the allegations made; (c) The recommendation of the relator that the respondent should be disbarred based on the misconduct alleged in the complaint and case law in support of the recommendation; (d) A statement of any aggravating or mitigating factors of which the relator is aware; (e) A certificate of service of the motion on respondent at the address shown for the respondent on the records of the Supreme Court and at the last address known to the relator, if different. (2)(a) Disposition. The director of the Board shall refer the motion for default to a judge or attorney commissioner or Board-appointed master who shall rule on the motion. A commissioner or master appointed to rule on the motion for default shall rule on all motions and interlocutory matters, and no ruling by the commissioner or master on a motion or interlocutory matter may be appealed prior to entry of the final order. If a motion for default is granted, the commissioner or master shall prepare a certified report for review by the Board. After review, the Board shall file a final certified report in accordance with section 12(K) of this rule finding one of the following: (i) That the relator has failed to establish the allegations of the complaint by clear and convincing evidence and recommending that the complaint be dismissed and that the Court enter an order terminating the interim default judgment suspension; (ii) That there is clear and convincing evidence to establish that respondent is guilty of misconduct and recommending the respondent be indefinitely suspended from the practice of law, subject to reinstatement as provided in section 25 of this rule; (iii) That there is clear and convincing evidence to establish that respondent is guilty of misconduct and recommending the respondent be disbarred. hat there is clear and convincing evidence to establish that respondent is guilty of misconduct and recommending the respondent be indefinitely suspended from the practice of law, subject to reinstatement as provided in section 25 of this rule; (iii) That there is clear and convincing evidence to establish that respondent is guilty of misconduct and recommending the respondent be disbarred. (b) If the Supreme Court grants a motion for leave to answer and remands the matter to the Board pursuant to division (C) of this section, the chair of the Board shall set aside a default entry and order a panel hearing at any time before the report and recommendation of the Board are certified to the Supreme Court. (G) Duty of Relator. The relator shall have a continuing duty to preserve evidence necessary to establish the misconduct alleged in the complaint filed with the Board. Section 15. Impairment Suspension; Termination of Suspension. (A) Suspension Based on Adjudication of Mental Illness. (1) After an answer has been filed or the time for filing an answer has elapsed, the Board forthwith shall certify a complaint to the Supreme Court if the complaint, answer, or other subsequent pleading alleges mental illness that substantially impairs the ability of the respondent to practice law and is supported by a certified copy of a journal entry of a court of competent jurisdiction adjudicating mental illness. (2) Upon receipt of a certified complaint pursuant to division (A)(1) of this section, the Supreme Court may suspend the respondent from the practice of law. (B) Suspension Based on Order of Treatment for Alcohol and Other Drug Abuse. of the respondent to practice law and is supported by a certified copy of a journal entry of a court of competent jurisdiction adjudicating mental illness. (2) Upon receipt of a certified complaint pursuant to division (A)(1) of this section, the Supreme Court may suspend the respondent from the practice of law. (B) Suspension Based on Order of Treatment for Alcohol and Other Drug Abuse. (1) After an answer has been filed or the time for filing an answer has elapsed, the Board forthwith shall certify a complaint to the Supreme Court if the complaint, answer, or subsequent pleading alleges the existence of alcohol or other drug abuse that substantially impairs the ability of the respondent to practice law and is supported by a certified copy of a journal entry of a court of competent jurisdiction issued pursuant to R.C. 5119.93. (2) Upon receipt of a certified complaint pursuant to division (B)(1) of this section, the Supreme Court may suspend the respondent from the practice of law. (C) Impairment Suspension Based on Examination and Finding. (1) The Board or hearing panel, on its own motion or motion of either party, may order a medical, psychological, or psychiatric examination of the respondent if any of the following applies: (a) The complaint, answer, or any subsequent pleading alleges an existing mental illness, alcohol and other drug abuse, or disorder that substantially impairs the ability of the respondent to practice law but is unsupported by a journal entry of a court of competent jurisdiction; order a medical, psychological, or psychiatric examination of the respondent if any of the following applies: (a) The complaint, answer, or any subsequent pleading alleges an existing mental illness, alcohol and other drug abuse, or disorder that substantially impairs the ability of the respondent to practice law but is unsupported by a journal entry of a court of competent jurisdiction; (b) Mental illness, alcohol and other drug abuse, or disorder that substantially impairs the ability of the respondent to practice law otherwise is placed in issue. (2) The medical, psychological, or psychiatric examination of respondent shall be conducted by one or more physicians or psychologists designated by the Board or hearing panel. The findings of the physician or psychologist shall be presented to the Board or hearing panel as evidence and made available to both parties. The parties shall have an opportunity to file objections to the findings, and the hearing panel may conduct a hearing on the objections. After a hearing or if no objections are filed, the hearing panel shall prepare and submit a report and recommendation with the Board. The report may include a recommendation that the respondent be placed on an impairment suspension. (3) If, after reviewing the report of the hearing panel, the Board concludes the record establishes that the respondent suffers from mental illness, alcohol and other drug abuse, or a disorder that substantially impairs the ability of the respondent to practice law, the Board shall prepare and certify a report and the record of the proceedings to the Supreme Court. The Board report shall be a matter of public record and shall be docketed by the clerk, but the report shall not be published or posted on the Supreme Court’s web site illness, alcohol and other drug abuse, or a disorder that substantially impairs the ability of the respondent to practice law, the Board shall prepare and certify a report and the record of the proceedings to the Supreme Court. The Board report shall be a matter of public record and shall be docketed by the clerk, but the report shall not be published or posted on the Supreme Court’s web site. The Supreme Court may suspend the respondent from the practice of law and order the respondent’s registration status changed to “ineligible.” If the Court orders an impairment suspension under this section, further proceedings before the Board on any misconduct alleged in the formal complaint shall be stayed until such time as the respondent applies to the Board to have the impairment suspension terminated and a hearing panel determines that the application should be granted. (D) Duty of Clerk on Entering Order. Upon the entry of a suspension order under this section, the clerk of the Supreme Court shall mail certified copies of the order as provided in section 17 of this rule. A copy of the order shall be provided to the Office of Attorney Services, and the registration status of respondent shall be designated as “ineligible.” The order shall be a matter of public record and shall be docketed by the clerk, but the order shall not be published or posted on the Supreme Court’s web site. (E) Termination. A suspension under this section may be terminated on application of the respondent to the Board and a showing of removal of the cause for the suspension. The director of the Board shall assign the application to a hearing panel. If the hearing panel finds by clear and convincing evidence that the suspension should be terminated and if the adjudication of a complaint alleging misconduct has been stayed as a result of the imposition of the suspension, the hearing panel shall conduct proceedings on the complaint in accordance within section 12 of this rule tor of the Board shall assign the application to a hearing panel. If the hearing panel finds by clear and convincing evidence that the suspension should be terminated and if the adjudication of a complaint alleging misconduct has been stayed as a result of the imposition of the suspension, the hearing panel shall conduct proceedings on the complaint in accordance within section 12 of this rule. The hearing panel shall prepare a written report of its findings and a recommendation with regard to the termination of the suspension and the disposition of any misconduct alleged in the formal complaint, including a recommended sanction for the misconduct that is found. The report of the hearing panel shall be submitted to the Board, and the report of the Board and the record of the proceedings shall be certified to the Supreme Court. Section 16. Consent to Discipline. (A) Content of Agreement. The relator and respondent may enter into a written agreement wherein the respondent admits to alleged misconduct and the relator and respondent agree upon a sanction, other than an indefinite suspension or disbarment, to be imposed for that misconduct. The written agreement may be entered into after a complaint is certified by the Board, but no later than ninety days after appointment of a hearing panel. The written agreement shall be signed by the respondent, respondent’s counsel, if the respondent is represented by counsel, and relator, and shall include all of the following: An admission by the respondent, conditioned upon acceptance of the agreement by the Board, that the respondent committed the misconduct listed in the agreement; (2) The sanction agreed upon by the relator and respondent for the misconduct admitted by the respondent and any case law that supports the agreed sanction; (3) Any aggravating and mitigating factors, including but not limited to those listed in section 13, that are applicable to the misconduct and agreed sanction; ard, that the respondent committed the misconduct listed in the agreement; (2) The sanction agreed upon by the relator and respondent for the misconduct admitted by the respondent and any case law that supports the agreed sanction; (3) Any aggravating and mitigating factors, including but not limited to those listed in section 13, that are applicable to the misconduct and agreed sanction; (4) An affidavit of the respondent that includes all of the following statements: (a) That the respondent admits to having committed the misconduct listed in the agreement, that grounds exist for imposition of a sanction against the respondent for the misconduct, and that the agreement sets forth all grounds for discipline currently pending before the Board; (b) That the respondent admits to the truth of the material facts relevant to the misconduct listed in the agreement; (c) That the respondent agrees to the sanction to be recommended to the Board; (d) That the respondent’s admissions and agreement are freely and voluntarily given, without coercion or duress, and that the respondent is fully aware of the implications of the admissions and agreement on respondent’s ability to practice law in Ohio; (e) That the respondent understands that the Supreme Court of Ohio has the final authority to determine the appropriate sanction for the misconduct admitted by the respondent. (B) Exceptions. The relator and respondent shall not enter into a consent-to-discipline agreement if the respondent is either of the following: (1) A judicial officer; respondent’s ability to practice law in Ohio; (e) That the respondent understands that the Supreme Court of Ohio has the final authority to determine the appropriate sanction for the misconduct admitted by the respondent. (B) Exceptions. The relator and respondent shall not enter into a consent-to-discipline agreement if the respondent is either of the following: (1) A judicial officer; (2) A public official who engaged in misconduct while serving in an elected public office. (C) Filing and Consideration of the Agreement. The agreement shall be filed with the director of the Board and submitted to the hearing panel. The relator and respondent may file a brief in support of the agreement. The panel chair may order the relator and respondent to supplement the agreement with additional information or exhibits to facilitate the hearing panel’s consideration of the agreement. If the hearing panel, by majority vote, recommends acceptance of the agreement and concurs in the agreed sanction, the matter shall be scheduled for consideration by the Board. If the agreement is not accepted by the hearing panel, the matter shall be set for hearing. (D) Board Consideration of the Agreement. If the agreement is submitted to the Board, the Board, by two-thirds vote, may accept or reject the agreement. If the Board accepts the agreement, the agreement shall form the basis for the certified report submitted to the Supreme Court. If the Board rejects the agreement, the matter shall be returned to the hearing panel and set for a hearing. (E) Rejected Agreement Not Admissible. If the agreement is not accepted by the hearing panel, the Board, or the Supreme Court, the agreement shall not be admissible or otherwise used in subsequent disciplinary proceedings. Section 17. Supreme Court Review of Certified Report; Orders; Costs; Publication. agreement, the matter shall be returned to the hearing panel and set for a hearing. (E) Rejected Agreement Not Admissible. If the agreement is not accepted by the hearing panel, the Board, or the Supreme Court, the agreement shall not be admissible or otherwise used in subsequent disciplinary proceedings. Section 17. Supreme Court Review of Certified Report; Orders; Costs; Publication. (A) Show Cause Order. Upon receipt of a final report of the Board, the Supreme Court shall issue the respondent an order to show cause why the report of the Board shall not be confirmed, and a disciplinary order entered. Notice of the order to show cause shall be served by the clerk of the Supreme Court on the respondent and all counsel of record personally or by electronic service address or certified mail. The clerk shall not issue a show cause order upon receipt of a report recomm [Text truncated at 120,000 characters. The full text is on the page linked above.] ## Nearby sections - [Ohio Gov.Bar R. I Rule I. ADMISSION TO THE PRACTICE OF LAW](https://www.frixlaw.com/law-library/statutes/SRULES_OH_GOVBAR_RI.md) - [Ohio Gov.Bar R. II Rule II. LIMITED PRACTICE OF LAW BY A LEGAL INTERN](https://www.frixlaw.com/law-library/statutes/SRULES_OH_GOVBAR_RII.md) - [Ohio Gov.Bar R. III Rule III. LEGAL PROFESSIONAL ASSOCIATIONS AUTHORIZED TO PRACTICE LAW](https://www.frixlaw.com/law-library/statutes/SRULES_OH_GOVBAR_RIII.md) - [Ohio Gov.Bar R. IV Rule IV. VIOLATION OF EXAMINATION RULES AND IRREGULARITIES](https://www.frixlaw.com/law-library/statutes/SRULES_OH_GOVBAR_RIV.md) - [Ohio Gov.Bar R. IX Rule IX. 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LIMITED PRACTICE OF LAW BY FOREIGN LEGAL CONSULTANTS](https://www.frixlaw.com/law-library/statutes/SRULES_OH_GOVBAR_RXI.md) - [Ohio Gov.Bar R. XII Rule XII. PRO HAC VICE ADMISSION](https://www.frixlaw.com/law-library/statutes/SRULES_OH_GOVBAR_RXII.md) - [Ohio Gov.Bar R. XIII Rule XIII. [RESERVED]](https://www.frixlaw.com/law-library/statutes/SRULES_OH_GOVBAR_RXIII.md) - [Ohio Gov.Bar R. XV Rule XV. SUPREME COURT COMMISSION ON PROFESSIONALISM](https://www.frixlaw.com/law-library/statutes/SRULES_OH_GOVBAR_RXV.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_OH_GOVBAR_RV. Check the current official text before relying on it. Not legal advice.