March 29, 2011
New Ohio Reinstatement Rule
The web page of the Ohio Supreme Court reports:
The Supreme Court of Ohio has adopted amendments that will allow suspended attorneys, in limited circumstances, to apply for reinstatement while subject to probation or other post-conviction sanction. The amendments become effective April 1.
Amendments to Rule V, Section 10 for the Government of the Bar of Ohio will allow a respondent who is serving a term suspension of six months to two years to apply for reinstatement to the practice of law before “completing a term of probation, community control, intervention in lieu of conviction, or sanction imposed as part of a sentence for a felony conviction” if the disciplinary order allows it.
A lawyer serving a suspension of more than two years is ordinarily barred from seeking reinstatement to the practice of law while subject to probation or other post-conviction sanction. However, the amendments permit an indefinitely suspended lawyer to petition for reinstatement if the lawyer can demonstrate compliance with the terms of the court-ordered sanction and can provide evidence sufficient to show by clear and convincing evidence that good cause exists for reinstating the lawyer.
Under the revised rule, the Board of Commissioners on Grievances and Discipline could only recommend early reinstatement if it finds by clear and convincing evidence that good cause exists for waiving the reinstatement requirement. The Supreme Court would review the board’s recommendation and make the final decision as to whether reinstatement is appropriate.
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