The Board of Professional Conduct,
formerly called the Board of Commissioners on Grievances & Discipline, just released its 2015 annual report
on Feb. 17, noting a nearly 20 percent decrease in active pending cases. This board, made up of 28 volunteer
commissioners appointed by the Supreme Court of Ohio, includes judges, lawyers,
and members of the public. The board hears complaints against attorneys and
judges for criminal behavior or for violations of the ethical codes of the Ohio
Rules of Professional Responsibility and the Code of Judicial Conduct.
Disciplinary
cases can arise in a number of situations ranging from a lawyer’s neglect of
client matters to a felony conviction. When a complaint is made and has
probable cause, a disputed case will be heard before a hearing panel of three
commissioners, who then write an opinion to present to the full board. After
consideration by all commissioners, the report is certified to the Supreme
Court with both panel and board recommendations.
The
justices will hear oral arguments about the case and then decide if the lawyer
or judge will receive the recommended sanction, or a greater or lesser penalty,
which might include a professional license suspension or a probationary period
with conditions. License suspensions may last for six months, one or two years,
or for an indefinite period. A
disbarment, which is the most serious penalty available, means that the
attorney or judge will never practice law in Ohio again.
According
to the 2015 annual report, there were 48 hearings and 61 certified reports and
the board disposed of 102 cases, a 21.4 percent increase in dispositions from
2014.
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