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.

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Predatory Lending Bill Passed By Ohio Senate

The Ohio Senate passed SB 185 by a vote of 29-4 yesterday, a bill that would toughen mortgage regulations in the state. House Speaker Jon Husted (R-Kettering) stated that the bill would be a priority for that chamber. The bill is opposed by the opposed by the Ohio Association of Mortgage Brokers.

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Wednesday, February 22, 2006

Latest Introductions from the Ohio General Assembly

SJR 7 TAX LIMITATION (Cates) To establish limitations on the state regarding taxes and expenditures and to require full state funding of local government mandates. En. Section 14 of Article XII of the Ohio Constitution. Full Text

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2/22/2006 - Supreme Court of Ohio Decisions

Wednesday, Feb. 22, 2006

2005-0334. Hinkle v. Cleveland Clinic Found., 2006-Ohio-551.
Cuyahoga App. No. 83721, 159 Ohio App.3d 351, 2004-Ohio-6853. Sua sponte,
cause dismissed as having been improvidently accepted.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-551.pdf

2005-0803. Cuyahoga Cty. Bar Assn. v. Wise, 2006-Ohio-550.
On Certified Report by the Board of Commissioners on Grievances and
Discipline, No. 03-115. David M. Wise, Attorney Registration No. 0037837,
is suspended from the practice of law in Ohio for one year, with six months
stayed on condition.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton and O'Donnell, JJ., concur.
Lanzinger, J., concurs in judgment only.
O'Connor, J., dissents and would suspend respondent for one year.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-550.pdf
Summary: Supreme Court Suspends Three Attorneys

2005-1196. Dayton Bar Assn. v. Landon, 2006-Ohio-546.
On Certified Report by the Board of Commissioners on Grievances and
Discipline, No. 04-012. David H. Landon, Attorney Registration No. 0029185,
is indefinitely suspended 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/0/2006/2006-Ohio-546.pdf
Summary: Supreme Court Suspends Three Attorneys

2005-1546. Disciplinary Counsel v. McKenna, 2006-Ohio-547.
On Certified Report by the Board of Commissioners on Grievances and
Discipline, No. 04-081. Daniel Edward McKenna, Attorney Registration
No. 0069944, is indefinitely suspended from the practice of law in Ohio,
effective September 3, 2004.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton and Lanzinger, JJ., concur.
O'Connor, J., would indefinitely suspend respondent without credit for
time served.
O'Donnell, J., would permanently disbar respondent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-547.pdf
Summary: Supreme Court Suspends Three Attorneys

2005-1612. Boylen v. Bradshaw, 2006-Ohio-549.
Stark App. No. 2005CA00185. 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/0/2006/2006-Ohio-549.pdf

2005-1667. State ex rel. Rowe v. McCown, 2006-Ohio-548.
Lawrence App. No. 05-CA-24. 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/0/2006/2006-Ohio-548.pdf

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Tuesday, February 21, 2006

Latest Ohio General Assembly Bill Introductions

SB 273 MILITARY RETIREMENT PAY (Cates) To exempt military retirement pay from the personal income tax. Am. 5747.01 Full Text

HB 519 MINORITY BUSINESSES (Barrett) To treat equally minority business enterprises owned and controlled by Ohio citizens and minority business enterprises owned and controlled by citizens of another state if the other state requires the same treatment. Am. 122.71 & 153.59 Full Text

HB 520 SCHOOL CONSTRUCTION (Schaffer) To prohibit ranking a school district participating in the School Building Assistance Expedited Local Partnership Program in a higher percentile on the eligibility list for state classroom facilities assistance after the district's electors have approved a bond issue for the district's portion of the basic project cost and to grant priority for such assistance to certain school districts participating in the Expedited Program that have a higher percentile ranking than three years ago. Am. 3318.01, 3318.011, 3318.023 & 3318.36 Full Text

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AG Petro Releases 2005 Concealed Carry Report

22,487 Ohioans received licenses to carry a concealed handgun from their county sheriffs in 2005. The total was a sharp drop from the 45,497 licenses issued in 2004. The number of temporary emergency licenses issued in 2005 held steady at 76, just 11 more than in 2004.

Here are links to the AG's press release and the full report.

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New Board of Commissioners on Grievances and Discipline Opinions Released

OPINION 2006-1

Issued February 10, 2006

SYLLABUS: A full-time judge or full-time magistrate may not maintain or use an active license as a real estate salesperson. A licensed real estate salesperson must affiliate with a broker to maintain an active license and must fulfill fiduciary duties when representing real estate clients. A full-time judge or full-time magistrate cannot fulfill these conditions without violating Canon 2(C)(3) and Canon 4(D)(1).

A part-time judge or part-time magistrate is not subject to Canon 2(C)(3) and Canon 4(D)(1) and therefore may maintain and use an active license as a real estate salesperson, provided the real estate activities do not result in violations of any other provisions of the Ohio Code of Judicial Conduct or any provisions of Ohio Ethics Law. Most significantly, the activities must not exploit the judicial position; must not involve the judge or magistrate in frequent transactions or business relationships with lawyers or other persons likely to come before the court; must not interfere with the performance of judicial duties; and must not take place in the court, occur during court hours, or use court resources or personnel. Compensation for activities as a licensed real estate salesperson must be reported pursuant to Canon 2(D)(3)(a) on the annual financial disclosure statement.

OPINION 2006-2

Issued February 10, 2006

SYLLABUS: It is proper for a solo practitioner to name his or her law firm “The X Law Group” when “X” is the solo practitioner’s surname and “X” employs one or more attorney as associates. “Group” and “Law Group” are not considered misleading or a trade name when used in naming a law firm comprised of more than one attorney. “Group” or “Law Group” should not be used in a law firm name to refer to paralegals, other non-attorney personnel, office sharing attorneys, or “of counsel” attorneys.

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