Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Friday, December 09, 2005

Ohio General Assembly Latest Bill Introductions

SB 238 CHILD WELFARE/DJFS (Niehaus) To revise the law governing child welfare and other laws regarding the Department of Job and Family Services. Am., En. & Rep. 109.57, 109.572, 109.60, 1347.08, 1717.14, 2151.011, 2151.281, 2151.353, 2151.416, 2151.421, 3107.014, 3107.015, 3107.016, 3107.031, 3107.032, 3109.16, 3109.17, 5101.141, 5101.29, 5101.35, 5101.72, 5101.99, 5103.031, 5103.033, 5103.034, 5103.035, 5103.036, 5103.038, 5103.039, 5103.0311, 5103.0312, 5103.0313, 5103.0315, 5103.07, 5103.12, 5104.01, 5104.11, 5104.31, 5153.01, 5153.111, 5153.122, 5153.16, 5153.17, 5153.60, 5153.61, 5153.62, 5153.63, 5153.64, 5153.65, 5153.66, 5153.67, 5153.70, 5153.71, 5153.72, 5153.73, 5153.74, 5153.75, 5153.76, 5153.77, 5153.78, 5153.60 (5103.30), 5153.61 (5103.35), 5153.62 (5103.36), 5153.63 (5103.362), 5153.64 (5103.363), 5153.65 (5103.37), 5153.66 (5103.39), 5153.67 (5103.391), 5153.70 (5103.38), 5153.71 (5103.41), 5153.72 (5103.42), 5153.73 (5103.421), 5153.74 (5103.422), 5153.75 (5153.125), 5153.76 (5153.126), 5153.77 (5153.127), and 5153.78 (5103.32); 2151.423, 5101.13, 5101.131, 5101.132, 5101.133, 5101.134, 5103.301, 5103.302, 5103.303, 5103.31, 5103.33, 5103.34, 5103.361, 5103.40, 5153.123, 5153.124, 5153.166, 5103.037, 5103.13, 5103.131, 5153.68 and 5153.69 Full Text

HB 442 INSURANCE POLICIES (Dolan) To require reimbursement insurance policies for consumer goods service contracts, to require given statements to be included in warranty reimbursement insurance policies and reimbursement insurance policies for consumer goods contracts, to add conditions related to the sale of vehicle protection product warranties, and to apply the Ohio Consumer Sales Practices Act to the sale of vehicle protection product warranties and consumer goods service contracts. Am. & En 3905.421 & 3905.423 Full Text

HB 443 DNR OPERATIONS (Uecker) To revise the statutes governing the Department of Natural Resources. Am., En. & Rep. 123.01, 123.04, 307.37, 1501.011, 1501.07, 1501.32, 1502.01, 1502.03, 1502.12, 1503.23, 1504.02, 1506.04, 1507.01, 1515.10, 1517.02, 1517.11, 1517.14, 1517.15, 1520.02, 1520.03, 1520.05, 1520.07, 1521.01, 1521.04, 1521.05, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1525.11, 1525.12, 1531.01, 1531.02, 1531.04, 1531.06, 1531.17, 1531.20, 1531.99, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 1533.171, 1533.68, 1533.86, 1541.03, 1541.05, 1541.22, 1547.08, 1547.51, 1547.54, 1547.541, 1547.75, 1547.99, 1548.02, 2923.35, 2933.43, 4115.04, 6111.034, 1515.093, 1517.052, 1502.11 and 1521.08. Full Text

HB 444 COUPON BOOKS (Patton. T.) To require coupons sold in coupon books to disclose all limitations and requirements on the coupon's redemption in ten-point or larger boldface type on the front of the coupon. En. 1349.05 Full Text

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12/9/2005 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2003-1572. State ex rel. Howard v. Indus. Comm.
Franklin App. No. 97AP-860. This cause came on for further consideration of
appellant's motion for leave to file accompanying documents pursuant to this
court's September 24, 2004 entry and motion for leave to file motion for order
to show cause why the Bureau of Workers' Compensation has not paid
appellant's above-entitled Workers' Compensation benefits. Upon
consideration thereof,
IT IS ORDERED by the court that the motions are denied.

MISCELLANEOUS DISMISSALS

2005-2008. State ex rel. Campbell v. Ruehlman.
In Procedendo. This cause originated in this court on the filing of a complaint
for a writ of procedendo. Upon consideration of relator's application for
dismissal, IT IS ORDERED by the court that the application for dismissal is
granted.
Accordingly, this cause is dismissed.

2005-2229. State ex rel. Pamer v. Slaby.
In Mandamus. This cause originated in this court on the filing of a complaint
for a writ of mandamus. Upon consideration of relator's application for
dismissal, IT IS ORDERED by the court that the application for dismissal
is granted. Accordingly, this cause is dismissed.

MEDIATION REFERRALS

2005-1562. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1328. The court hereby returns this case
to the regular docket under S.Ct.Prac.R. XIV(6).
IT IS ORDERED by the court, sua sponte, that this cause be consolidated
with case Nos. 2005-1563, 2005-1564, 2005-1565, and 2005-1566, Natl.
City Bank v. Wilkins.
IT IS FURTHER ORDERED by the court that the parties shall combine the
briefing of case Nos. 2005-1562 through 2005-1566 and file one brief for
each permitted under S.Ct.Prac.R. VI. The parties shall file an original of the
brief in each case and 18 copies of the brief. Appellant shall file its merit brief
within 40 days of the date of this entry and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. VI. As provided in S.Ct.Prac.R. VI(7),
the court may dismiss this case or take other action if the parties fail to timely
file merit briefs.

2005-1563. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1327. The court hereby returns this case
to the regular docket under S.Ct.Prac.R. XIV(6).
IT IS ORDERED by the court, sua sponte, that this cause be consolidated
with case Nos. 2005-1562, 2005-1564, 2005-1565, and 2005-1566,
Natl. City Bank v. Wilkins.
IT IS FURTHER ORDERED by the court that the parties shall combine the
briefing of case Nos. 2005-1562 through 2005-1566 and file one brief for
each permitted under S.Ct.Prac.R. VI. The parties shall file an original of the
brief in each case and 18 copies of the brief. Appellant shall file its merit brief
within 40 days of the date of this entry and the parties shall otherwise proceed
in accordance with S.Ct.Prac.R. VI. As provided in S.Ct.Prac.R. VI(7), the court
may dismiss this case or take other action if the parties fail to timely file merit
briefs.

2005-1564. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1329. The court hereby returns this case
to the regular docket under S.Ct.Prac.R. XIV(6).
IT IS ORDERED by the court, sua sponte, that this cause be consolidated
with case Nos. 2005-1562, 2005-1563, 2005-1565, and 2005-1566, Natl.
City Bank v. Wilkins.
IT IS FURTHER ORDERED by the court that the parties shall combine the
briefing of case Nos. 2005-1562 through 2005-1566 and file one brief for
each permitted under S.Ct.Prac.R. VI. The parties shall file an original of the
brief in each case and 18 copies of the brief. Appellant shall file its merit brief
within 40 days of the date of this entry and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. VI. As provided in S.Ct.Prac.R. VI(7),
the court may dismiss this case or take other action if the parties fail to
timely file merit briefs.

2005-1565. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1326. The court hereby returns this case
to the regular docket under S.Ct.Prac.R. XIV(6).
IT IS ORDERED by the court, sua sponte, that this cause be consolidated
with case Nos. 2005-1562, 2005-1563, 2005-1564, and 2005-1566, Natl.
City Bank v. Wilkins.
IT IS FURTHER ORDERED by the court that the parties shall combine the
briefing of case Nos. 2005-1562 through 2005-1566 and file one brief for
each permitted under S.Ct.Prac.R. VI. The parties shall file an original of the
brief in each case and 18 copies of the brief. Appellant shall file its merit brief
within 40 days of the date of this entry and the parties shall otherwise proceed
in accordance with S.Ct.Prac.R. VI. As provided in S.Ct.Prac.R. VI(7), the court
may dismiss this case or take other action if the parties fail to timely file merit
briefs.

2005-1566. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1330. The court hereby returns this case
to the regular docket under S.Ct.Prac.R. XIV(6).
IT IS ORDERED by the court, sua sponte, that this cause be consolidated
with case Nos. 2005-1562, 2005-1563, 2005-1564, and 2005-1565, Natl.
City Bank v. Wilkins.
IT IS FURTHER ORDERED by the court that the parties shall combine the
briefing of case Nos. 2005-1562 through 2005-1566 and file one brief for
each permitted under S.Ct.Prac.R. VI. The parties shall file an original of
the brief in each case and 18 copies of the brief. Appellant shall file its merit
brief within 40 days of the date of this entry and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. VI. As provided in S.Ct.Prac.R. VI(7),
the court may dismiss this case or take other action if the parties fail to timely
file merit briefs.

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2005-2116. State ex rel. Ward v. Dorman Prod.
Franklin App. No. 05AP-28, 2005-Ohio-5425.
2005-2133. State ex rel. Englemon v. Queen City Barrel Co.
Franklin App. No. 05AP-46, 2005-Ohio-5651.
2005-2135. State ex rel. Lange v. Indus. Comm.
Franklin App. No. 04AP-1330, 2005-Ohio-5487.

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Thursday, December 08, 2005

12/8/2005 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2002-2130. State v. McKnight.
Vinton C.P. No. 01-CR-7230. This cause came on for further consideration
of appellant's motion for stay of execution pending disposition of available
state remedies. Upon consideration thereof,
IT IS ORDERED by the court that the motion for stay is granted.
IT IS FURTHER ORDERED by the court that this stay shall remain in
effect until exhaustion of all state post-conviction proceedings, including
any appeals.
IT IS FURTHER ORDERED by the court that counsel for appellant
and for the appellee shall notify this court when all proceedings for
post-conviction relief before the courts of this state have been exhausted.

2005-0293. Glidden Co. v. Lumbermens Mut. Cas. Co.
Cuyahoga App. No. 81782, 2004-Ohio-6922. This cause is pending
before the court as an appeal from the Court of Appeals for Cuyahoga
County. Upon consideration of the motions for admission pro hac
vice of William J. Bowman by Kevin M. Young and James F. Martin
by David J. Fagnilli,
IT IS ORDERED by the court that the motions are granted.

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Wednesday, December 07, 2005

Board of Commissioners on Grievances and Discipline Releases Two Opinions

OPINION 2005-9
Issued December 2, 2005

SYLLABUS: A lawyer may not advertise legal services with coupons for free consultation or dollars off the cost of legal services. Advertising legal services with fee coupons is a characterization of the fees as “discount” or “special” and does not comply with DR 2-101(A)(5). Although a lawyer may not use fee coupons, a lawyer may advertise information regarding fees and charges as set forth in DR 2-101(E)(1), if presented in compliance with DR 2-101(B). Because DR 2-101(E)(1)(a) permits advertisement of fee information regarding an initial consultation, a lawyer may state in an advertisement whether an initial consultation is free. Prohibiting the use of fee coupons in lawyer advertising does not interfere with a lawyer’s exercise of independent professional judgment in setting fees for legal services at a rate that is reasonable and not excessive under the factors set forth in DR 2-106(B).

OPINION 2005-10
Issued December 2, 2005

SYLLABUS: An attorney does not violate the ethical duty to preserve a client’s funds under DR 9-102(A) and the ethical duty to promptly deliver funds to a client under DR 9-102(B)(4) by reporting “unclaimed funds” pursuant to R.C. Chapter 169, so long as the attorney has diligently tried to contact the client at the last known address and the client’s whereabouts are unknown.

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12/7/2005 - Supreme Court of Ohio Decisions

Wednesday, Dec. 7, 2005

2004-0273. Federated Dept. Stores, Inc. v. Wilkins, 2005-Ohio-6181. Board of Tax Appeals, No. 2002-V-103. Decision affirmed. Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Pfeifer, J., dissents. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6181.pdf

2004-0700. State v. Edwards, 2005-Ohio-6180. Tuscarawas App. No. 2003 AP 09 0077, 2004-Ohio-870. Judgment affirmed. Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Pfeifer, concurs in judgment only. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6180.pdf
Summary: Court Holds Judge May Consider Hearsay Evidence At Pretrial Hearing to Suppress DUI Test Results

2004-1466. MP Star Financial, Inc. v. Cleveland State Univ., 2005-Ohio-6183. Franklin App. No. 03AP-1156, 2004-Ohio-3840. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6183.pdf
Summary: Court Holds ‘Assigned Debt’ Regulation Not Applicable to Government Agency Debtor

2004-2150. Ohio State Bar Assn. v. Allen, 2005-Ohio-6185. On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 03-04. John Dale Allen is enjoined from conduct that constitutes the unauthorized practice of law, and civil penalty is imposed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6185.pdf
Summary: Pleasantville Man Fined, Ordered to Cease Unauthorized Practice of Law

2005-0398. Disciplinary Counsel v. Watson, 2005-Ohio-6178. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-038. Michael Troy Watson, Attorney Registration No. 0029023, is permanently disbarred from the practice of law in Ohio. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6178.pdf
Summary: Cleveland Attorney Permanently Disbarred

2005-0751. Disciplinary Counsel v. Ross, 2005-Ohio-6179. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-074. Michael Anthony Ross, Attorney Registration No. 0061243, is permanently disbarred from the practice of law in Ohio. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6179.pdf
Summary: Court Disbars Lorain Attorney

2005-0768. State ex rel. Foster v. Belmont Cty. Court of Common Pleas, 2005-Ohio-6184. Belmont App. No. 04-BE-55, 2005-Ohio-1353. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6184.pdf

2005-1037. State ex rel. Non-Employees of Chateau Estates Resident Assn. v. Kessler, 2005-Ohio-6182. Clark App. No. 2005-CA-1. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6182.pdf

2005-1107. Ohio State Bar Assn. v. Goldie, 2005-Ohio-6186. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-054. Susan L. Goldie, Attorney Registration No. 0018439, is publicly reprimanded.Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6186.pdf

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Tuesday, December 06, 2005

12/6/2005 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-1892. State v. Smith.
Cuyahoga App. No. 86565. This cause is pending before the court
as a discretionary appeal and claimed appeal of right. Upon consideration
of counsel for appellant's motion to withdraw as counsel and appellant's
pro se motion for appointment of counsel,
IT IS ORDERED by the court that the motion to withdraw as counsel is
granted and the motion for appointment of counsel is denied.
IT IS FURTHER ORDERED, sua sponte, that appellant shall file his
memorandum in support of jurisdiction within thirty days of the date
of this entry.

2005-2001. State v. Stevenson.
Stark App. No. 2005-CA-00011, 2005-Ohio-5216. This cause is
pending before the court as a discretionary appeal and claimed
appeal of right. Upon consideration of appellee's motion to strike
appellant's memorandum in support of jurisdiction,
IT IS ORDERED by the court that the motion to strike is denied.
2005-2249. State v. Franklin.

Montgomery App. No. 19041, 2002-Ohio-2370. This cause is pending
before the court as a discretionary appeal and claimed appeal of right.
It appearing to the court that appellant's notice of appeal and
memorandum is support of jurisdiction were received by the Clerk
of this court on October 21, 2005, but were incorrectly not docketed on
that date,
IT IS ORDERED by the court, sua sponte, that appellee may file a
memorandum in response to appellant's memorandum in support
of jurisdiction within thirty days from the date of this entry.

MISCELLANEOUS DISMISSALS

2005-0879. State ex rel. Boone v. Indus. Comm.
Franklin App. No. 04AP-607, 2005-Ohio-1531. This cause is pending
before the court as an appeal from the Court of Appeals for Franklin
County. Upon consideration of appellant's application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2005-1961. State ex rel. DaimlerChrysler Corp. v. Lopez.
Franklin App. No. 04AP-882, 2005-Ohio-4640.

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Ohio General Assembly Latest Bill Introductions

SB 234 C&D LANDFILLS (Niehaus) To revise the statutes governing construction and demolition debris facilities and to declare an emergency. Am. & En. 3714.01, 3714.02, 3714.03, 3714.04, 3714.05, 3714.06, 3714.071, 3714.09, 3714.11, 3714.12, 3714.13, 3714.281, 3714.051, 3714.052, 3714.053, 3714.061, 3714.062, 3714.081, 3714.082, 3714.083, 3714.101 & 3714.20 Full Text

SB 235 AIR AUTHORITY (Padgett) To revise the definition of "air quality facility" under the Air Quality Development Authority Law. Am. 3706.01 Full Text

SB 236 ISSUE 1 (Carey) To implement certain provisions of Article VIII, Section 2p of the Ohio Constitution regarding the issuance of obligations to support research and development projects and the development of certain sites and facilities and to make an appropriation. Full Text

SB 237 TAX CREDITS (Dann) To create tax credits against corporation franchise or income tax liability for investments in a state-certified motion picture production and for a motion picture production company that employs Ohio residents, and to rebate to a motion picture production company lodging taxes paid by it. Am. & En. 351.021, 5733.98, 5739.09, 5747.98, 122.85, 5733.59, 5733.60, 5739.091, 5747.66 & 5747.67 Full Text

HB 437 OHIO PRODUCT SALES (McGregor, J.) To require entities receiving state funds to sell only Ohio products in their gift shops or as memorabilia or gift items and to require the Department of Natural Resources to use only Ohio products in operating and maintaining its public service facilities in state parks. En. 125.78, 125.781, 125.782, 125.783, 125.784 & 125.785 Full Text

HB 438 SCHOOL FUNDING COUNCIL (Wolpert) To establish a study council to examine the current cost-of-doing business factor used in calculating funding for school districts and community schools and make recommendations whether and in what form the factor should be modified. Full Text

HB 439 PROBATE CODE (Willamowski) To adopt generally the provisions of the Uniform Probate Code in regard to the elective share of a surviving spouse in the augmented estate of the decedent spouse. Am. 319.54, 1548.11, 1775.24, 2101.16, 2105.061, 2105.32, 2106.10, 2106.11, 2106.13, 2106.15, 2106.16, 2106.18, 2106.19, 2106.22, 2106.25, 2107.63, 2109.301, 2109.32, 2113.03, 2113.031, 2113.23, 2113.53, 2113.54, 2113.86, 2115.16, 2117.25, 2127.02, 2127.03, 2127.31, 2127.41, 2129.07, 2329.83, 4505.06, 4505.10, 4549.41, 5731.16 & 5731.37 Full Text

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UPDATE: Here's 2 more from today (12/6/2005):

HB 440 AIR QUALITY FACILITIES (Stewart, J.) To revise the definition of "air quality facility" under the Air Quality Development Authority Law. Am. 3706.01 Full Text

HB 441 PUBLIC MEEETINGS (Evans, C.) To permit a member of any public body to be present at a meeting by teleconference or interactive video teleconference. Am. 121.22, 901.62, 3316.05 & 4911.17 Full Text

Clients’ Security Fund Awards More Than $150,000 to Victims of Attorney Theft

The Board of Commissioners of the Clients’ Security Fund of Ohio (CSF) awarded $160,778 to 20 victims of attorney theft at its meeting on Friday, Dec. 2, 2005. Ten former or suspended Ohio attorneys were found to have misappropriated client funds.

The CSF was created in 1985 by the Supreme Court of Ohio to reimburse victims of attorney theft, embezzlement or misappropriation. The CSF is not taxpayer funded, but funded entirely by registration fees paid by every Ohio attorney. Ohio has more than 40,000 attorneys engaged in the active practice of law. Less than one tenth of one percent (1%) of those attorneys is involved in CSF claims.

Law clients who believe they have sustained financial losses resulting from attorney theft, embezzlement or misappropriation should contact the CSF by calling 614-387-9390 or 1-800-231-1680 toll free in Ohio.

Brown County
The CSF Board of Commissioners reimbursed $600 to a client of former Brown County attorney Edward L. Harp after finding that he accepted fees but failed to provide the services requested. Mr. Harp was suspended from the practice of law in Ohio on March 11, 2004. On Sept. 2, 2004, Mr. Harp surrendered his license to practice law in Ohio, with discipline pending.

Cuyahoga County
Former clients of three Cuyahoga County attorneys were reimbursed by the Clients’ Security Fund as a result of the attorneys’ failure to provide the services requested. Two clients of attorney Michael F. Dadisman were reimbursed $46,233 in funds determined to have been converted by Mr. Dadisman. Mr. Dadisman was suspended from the practice of law in Ohio in July 2004.

A client of former attorney Timothy M. Bowman, also of Cuyahoga County, was reimbursed $200 paid to Mr. Bowman for services that he failed to provide. Mr. Bowman resigned from the practice of law in Ohio, with discipline pending, on Nov. 14, 2003.

A former client of suspended attorney Michael L. King was reimbursed $350 as a result of his failure to provide the services requested. Mr. King was indefinitely suspended from the practice of law in Ohio on Aug. 17, 2005.

Franklin County
The CSF Board of Commissioners determined that clients of three Franklin County attorneys were eligible for reimbursement from the CSF. A former client of suspended Franklin County attorney Perry R. Silverman was reimbursed $75,000 as a result of Mr. Silverman’s failure to release or otherwise account for client funds. Mr. Silverman was suspended from the practice of law in Ohio by the Supreme Court of Ohio on May 10, 2004.

Two former clients of suspended attorney Cynthia Harris, also of Franklin County, were reimbursed a total of $3,140 in legal fees paid to Ms. Harris for services that she failed to provide. Ms. Harris was suspended on April 8, 2005, for her failure to complete required hours of continuing legal education. A former client of Scott W. Spencer was reimbursed $1,052 as a result of Mr. Spencer’s failure to provide the services requested. Mr. Spencer resigned from the practice of law in Ohio, with discipline pending, on July 15, 2003.

Mahoning County
Nine clients of former Mahoning County attorney Mark S. Colucci were reimbursed a total of $22,703 as a result of Mr. Colucci’s failure to provide the services requested and his failure to account for client funds. Mr. Colucci resigned from the practice of law in Ohio, with discipline pending, on Dec. 2, 2004.

Summit County
A former client of Summit County attorney Shirley M. Jones was reimbursed $9,000 as a result of Ms. Jones’ improper receipt of fees from an estate. Ms. Jones was permanently disbarred from the practice of law in Ohio on Nov. 17, 2004.

Trumbull County
A former client of suspended Trumbull County attorney J. Walter Dragelevich received $2,500 in reimbursement of legal fees paid to Mr. Dragelevich for services he failed to provide. Mr. Dragelevich was indefinitely suspended from the practice of law in Ohio on Nov. 2, 2005.

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Monday, December 05, 2005

Supreme Court of Ohio Suspends Thousands of Lawyers Who Failed to Register on Time

Announcement from the Court:

On December 2, 2005, the Supreme Court issued orders suspending
13,800 attorneys for noncompliance with Gov.Bar R. VI, which requires
attorneys to file a Certificate of Registration and pay applicable fees on or
before September 1, 2005. The text of the entry imposing the suspension is
reproduced below. This is followed by a list of the attorneys who were
suspended. The list includes, by county, each attorney’s Attorney
Registration Number.

The list is 128 pages long.

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12/5/2005 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-2258. Hernandez v. Kelly.
In Habeas Corpus. This cause originated in this court on the filing of a
petition for a writ of habeas corpus and was considered in a manner
prescribed by law. Upon consideration thereof,
IT IS ORDERED by the court, sua sponte, that the writ is allowed.
Allowing the writ means only that a return is ordered. See Reed v.
Kinkela (1998), 84 Ohio St. 3d 1427, 702 N.E.2d 903.
IT IS FURTHER ORDERED that respondent shall file a return of writ
within fifteen days of service of the petition, and petitioner may file
a response within five days after the return is filed. Petitioner's physical
presence before the court is not required.

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Ohio Department of Taxation Issues Four Releases Dealing with the Commercial Activity Tax

The Ohio Department of Taxation (ODT) has issued four information releases dealing with various aspects of the Commercial Activity Tax (CAT).

CAT 2005-18 - a draft rule that discusses temporary motor fuel exemptions from the CAT that were contained in H.B. 66, the FY 2006-2007 biennium budget bill. The release provides guidance to refineries, terminals and motor fuel dealers.

CAT 2005-06 - the fourth version of the draft release detailing situsing rules for certain services. It provides guidance for 50 services, including examples, and invites public comment.

CAT 2005-16 - concerns the determination of common owners and joint ventures. It provides examples to clarify the concepts contained in information release CAT 2005-05, that deals with common owners and joint ventures.

CAT 2005-05 - the third version of this release dealing with common owners and joint ventures. It is a draft rule that defines the test by which for consolidated elected and combined taxpayer groups are required to file as one owner.

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Ohio Department of Taxation Issues Four Releases Dealing with the Commercial Activity Tax

The Ohio Department of Taxation (ODT) has issued four information releases dealing with various aspects of the Commercial Activity Tax (CAT).

CAT 2005-18 - a draft rule that discusses temporary motor fuel exemptions from the CAT that were contained in H.B. 66, the FY 2006-2007 biennium budget bill. The release provides guidance to refineries, terminals and motor fuel dealers.

CAT 2005-06 - the fourth version of the draft release detailing situsing rules for certain services. It provides guidance for 50 services, including examples, and invites public comment.

CAT 2005-16 - concerns the determination of common owners and joint ventures. It provides examples to clarify the concepts contained in information release CAT 2005-05, that deals with common owners and joint ventures.

CAT 2005-05 - the third version of this release dealing with common owners and joint ventures. It is a draft rule that defines the test by which for consolidated elected and combined taxpayer groups are required to file as one owner.

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