Ohio Law

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

Thursday, February 23, 2006

2/23/2006 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2002-1604. State v. Jackson.
Allen C.P. No. CR2002-0011. This cause came on for further consideration of
appellant's motion for appointment of counsel for purposes of filing an application
for reopening pursuant to S.Ct.Prac.R. XI(6). Upon consideration thereof,
IT IS ORDERED by the court that the motion is granted, and attorney Carol
A. Wright is appointed to represent appellant for the purposes of filing an
application for reopening.

2005-0768. State ex rel. Foster v. Belmont Cty. Court of Common Pleas.
Belmont App. No. 04-BE-55, 2005-Ohio-1353. This cause came on for further
consideration of appellant's motion for relief from judgment. Upon consideration
thereof,
IT IS ORDERED by the court that the motion is denied.

2005-2364. State v. Perez.
Clark C.P. No. 03CR1010. This cause is pending as a death penalty appeal from
the Court of Common Pleas for Clark County. Upon consideration of appellant's
motion for an extension of time to transmit the record,
IT IS ORDERED that the motion is granted, and the time for transmitting
the record is extended to May 18, 2006.

DISCIPLINARY CASES

1996-2782. Columbus Bar Assn. v. Jackson.
On application for reinstatement of Eric K. Jackson, Attorney Registration No.
0055163. Application granted and respondent reinstated to the practice of law in
Ohio.

2005-0798. Columbus Bar Assn. v. Moesle.
This cause is before the court upon the filing of respondent’s response to the
court’s order to show cause dated January 18, 2006. Upon consideration thereof,
It is ordered that respondent must comply with the court’s order of
November 2, 2005, by filing an affidavit of compliance on or before March 9,
2006.

2005-2266. In re Resignation of Weick.
On affidavit of resignation from the practice of law of David Claude Weick,
Attorney Registration No. 0026173, and on report filed under seal by Disciplinary
Counsel.
Resignation accepted with disciplinary action pending.

2006-0141. In re LoDico.
On January 23, 2006, and pursuant to Gov.Bar R. V(5)(A)(3), the Secretary of the
Board of Commissioners on Grievances and Discipline of the Supreme Court of
Ohio certified to the Supreme Court a certified copy of a judgment entry of a
felony conviction against Steven Lewis LoDico, an attorney licensed to practice
law in the state of Ohio.
Upon consideration thereof and pursuant to Gov.Bar R. V(5)(A)(4), it is
ordered and decreed that Steven Lewis LoDico, Attorney Registration No.
0041715, last known business address in Canton, Ohio, be, and hereby is,
suspended from the practice of law for an interim period, effective as of the date of
this entry.
IT IS FURTHER ORDERED that this matter be, and is hereby, referred to
the Disciplinary Counsel for investigation and commencement of disciplinary
proceedings.
IT IS FURTHER ORDERED that respondent immediately cease and desist
from the practice of law in any form and is hereby forbidden to appear on behalf of
another before any court, judge, commission, board, administrative agency or other
public authority.
IT IS FURTHER ORDERED that, effective immediately, respondent be
forbidden to counsel or advise, or prepare legal instruments for, others or in any
manner perform legal services for others.
3 02-23-06
IT IS FURTHER ORDERED that respondent is hereby divested of each, any
and all of the rights, privileges and prerogatives customarily accorded to a member
in good standing of the legal profession of Ohio.
IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(3)(G),
respondent shall complete one credit hour of continuing legal education for each
month, or portion of a month, of the suspension. As part of the total credit hours of
continuing legal education required by Gov.Bar R. X(3)(G), respondent shall
complete one credit hour of instruction related to professional conduct required by
Gov.Bar R. X(3)(A)(1) for each six months, or portion of six months, of the
suspension.
IT IS FURTHER ORDERED that respondent shall not be reinstated to the
practice of law in Ohio until (1) respondent complies with the requirements for
reinstatement set forth in the Supreme Court Rules for the Government of the Bar
of Ohio; (2) respondent complies with this and all other orders issued by this court;
(3) respondent complies with the Supreme Court Rules for the Government of the
Bar of Ohio; and (4) this court orders respondent reinstated.
IT IS FURTHER ORDERED, sua sponte, by the court that, within 90 days
of the date of this order, respondent shall reimburse any amounts that have been
awarded by the Clients' Security Fund pursuant to Gov.Bar R. VIII(7)(F). It is
further ordered, sua sponte, by the court that if, after the date of this order, the
Clients' Security Fund awards any amount against the respondent pursuant to
Gov.Bar R. VIII(7)(F), the respondent shall reimburse that amount to the Clients'
Security Fund within 90 days of the notice of such award.
IT IS FURTHER ORDERED that, on or before 30 days from the date of this
order, respondent shall:
1. Notify all clients being represented in pending matters and any cocounsel
of respondent's suspension and consequent disqualification to act as
an attorney after the effective date of this order and, in the absence of cocounsel,
also notify the clients to seek legal service elsewhere, calling
attention to any urgency in seeking the substitution of another attorney in
respondent's place;
2. Regardless of any fees or expenses due respondent, deliver to all clients
being represented in pending matters any papers or other property pertaining
to the client, or notify the clients or co-counsel, if any, of a suitable time and
place where the papers or other property may be obtained, calling attention
to any urgency for obtaining such papers or other property;
3. Refund any part of any fees or expenses paid in advance that are
unearned or not paid, and account for any trust money or property in
respondent's possession or control;
4. Notify opposing counsel in pending litigation or, in the absence of
counsel, the adverse parties of respondent's disqualification to act as an
attorney after the effective date of this order, and file a notice of
disqualification of respondent with the court or agency before which the
litigation is pending for inclusion in the respective file or files;
5. Send all such notices required by this order by certified mail with a return
address where communications may thereafter be directed to respondent;
6. File with the Clerk of this court and the Disciplinary Counsel of the
Supreme Court an affidavit showing compliance with this order, showing
proof of service of notices required herein, and setting forth the address
where the affiant may receive communications; and
7. Retain and maintain a record of the various steps taken by respondent
pursuant to this order.
IT IS FURTHER ORDERED that respondent shall keep the Clerk and the
Disciplinary Counsel advised of any change of address where respondent may
receive communications.
IT IS FURTHER ORDERED, sua sponte, that all documents filed with this
court in this case shall meet the filing requirements set forth in the Rules of
Practice of the Supreme Court of Ohio, including requirements as to form, number,
and timeliness of filings.
IT IS FURTHER ORDERED, sua sponte, that service shall be deemed made
on respondent by sending this order, and all other orders in this case, by certified
mail to the most recent address respondent has given to the Attorney Registration
Section.
IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.

ADMINISTRATIVE ACTIONS

1. Proposed amendments to the Ohio Traffic Rules (Traf.R. 3, 14, and
15) will be published for public comment.

Later


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