Opinion
No. 2007-0758.
February 8, 2008.
Geauga App. No. 2005-G-2669, 2007-Ohio-1069.
This cause is pending before the court as an appeal from the Court of Appeals for Geauga County. Upon consideration of appellant's motion for continuance of oral argument, scheduled for March 25, 2008,
It is ordered by the court that the motion is denied.
DISCIPLINARY CASES
In re Attorney Registration Suspension: Maxine Young Asmah: Respondent.:
ORDER OF SUSPENSION: (0038145)
Gov.Bar R. VI(1)(A) requires all attorneys admitted to the practice of law in Ohio to file a Certificate of Registration for the 2007/2009 attorney registration biennium on or before September 1, 2007. Section 5(A) establishes that an attorney who fails to file the Certificate of Registration on or before September 1, 2007, but pays within ninety days of the deadline, shall be assessed a late fee. Section 5(B) provides that an attorney who fails to file a Certificate of Registration and pay the fees either timely or within the late registration period shall be notified of noncompliance and that if the attorney fails to file evidence of compliance with Gov.Bar R. VI or to come into compliance with this rule on or before the deadline, the attorney will be suspended from the practice of law.
On December 3, 2007, respondent was suspended from the practice of law for failing to file evidence of compliance with Gov.Bar R. VI or come into compliance with this rule on or before November 30, 2007. On December 24, 2007, respondent submitted a 2007/2009 Certificate of Registration, an Application for Reinstatement, and reinstatement and registration fees in the amount of $650. On December 24, 2007, she was reinstated to the practice of law. Subsequently, the check respondent submitted was returned for nonsufficient funds. The court finds that respondent has not registered for the 2007/2009 attorney registration biennium by the deadline, has not filed evidence of compliance with Gov.Bar R. VI or come into compliance with this rule on or before the deadline, and has not complied with the reinstatement requirements. Upon consideration thereof and in accordance with Gov.Bar R. VI(5)(B), respondent is hereby suspended from the practice of law in Ohio, effective as of December 3, 2007.
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.
IT IS FURTHER ORDERED that respondent shall not practice law in Ohio, hold herself out as authorized to practice law in Ohio, hold nonfederal judicial office in Ohio, occupy a nonfederal position in this state in which the attorney is called upon to give legal advice or counsel or to examine the law or pass upon the legal effect of any act, document, or law, be employed in the Ohio judicial system in a position required to be held by an attorney, or practice before any nonfederal court or agency in this state on behalf of any person except herself.
IT IS FURTHER ORDERED that if respondent fails to comply with this order, respondent may be referred for investigation of the unauthorized practice of law under Gov.Bar R. VII(3).
IT IS FURTHER ORDERED that respondent is hereby divested of each, any, and all rights, privileges, and prerogatives customarily accorded to a member in good standing of the legal profession in Ohio.
IT IS FURTHER ORDERED that notwithstanding respondent's suspension under Gov.Bar R. VI, respondent shall comply with Gov.Bar R. X ("Attorney Continuing Legal Education").
IT IS FURTHER ORDERED that respondent shall not be reinstated to the practice of law in Ohio until (1) respondent files Certificates of Registration for all biennia for which respondent has not registered, (2) respondent pays all applicable registration fees, (3) respondent pays a $300 reinstatement fee, (4) respondent files an Application for Reinstatement on a form provided by the Office of Attorney Services, (5) and the Office of Attorney Services reinstates respondent to the practice of law.
IT IS FURTHER ORDERED that respondent shall keep the Office of Attorney Services advised of any change of address where respondent may receive communications.
IT IS FURTHER ORDERED that service shall be deemed made on respondent by sending this order, and all other orders in this matter, by certified mail to the most recent address respondent has provided to the Office of Attorney Services.
MOTION AND PROCEDURAL RULINGS