Opinion
No. D.D. 85-15
Submitted June 14, 1988 —
Decided June 22, 1988.
ON MOTION FOR CONTEMPT AND FOR SANCTIONS.
By order of this court dated March 12, 1986 (reported at 22 Ohio St.3d 212, 22 OBR 362, 490 N.E.2d 584), respondent, Walter H. Rubinstein, was suspended from the practice of law for one year pursuant to Rule V, Section (6)(c) [now Section (7)(c)] of the Supreme Court Rules for the Government of the Bar of Ohio. Pursuant to that order, Walter H. Rubinstein was required, on or before April 14, 1986, (i) to surrender his Certificate of Admission to the Clerk of this court; (ii) to file with the Clerk of this court and the Office of Disciplinary Counsel an affidavit showing compliance with the order, showing proof of service of all notices required by the order, and setting forth the addresses where the respondent would receive communications; and (iii) to pay the costs of the proceedings in the amount of $1,753.49. The respondent filed an Affidavit of Compliance with the Clerk of this court on May 2, 1986. The respondent has not surrendered his Certificate of Admission or paid the costs of the proceedings. Further, respondent, Walter H. Rubinstein, has failed to file an application for reinstatement to the practice of law with this court, as required pursuant to Rule V, Section (24) of the Supreme Court Rules for the Government of the Bar and, therefore, remains on suspension.
The cause came on to be heard upon the motion of the Certified Grievance Committee of the Cleveland Bar Association for respondent, Walter H. Rubinstein, to show cause why he should not be held in contempt of this court for his failure to comply with this court's order dated March 12, 1986 and for continuing alleged violations of the Disciplinary Rules, and for sanctions. On May 23, 1988, this court issued an order to show cause, ordering Walter H. Rubinstein, on or before June 13, 1988, to respond to relator's motion or show cause why he should not be held in contempt of this court for his failure to comply with this court's order dated March 12, 1986. No response has been forthcoming.
Upon consideration of relator's motion to show cause and for sanctions, and pursuant to this court's power to issue sanctions in proceedings for contempt of this court (see Toledo Bar Assn. v. Wright, 35 Ohio St.3d 605, 518 N.E.2d 555),
IT IS ORDERED by this court that said motion be, and the same hereby is, granted.
IT IS FURTHER ORDERED that respondent Walter H. Rubinstein be, and he hereby is, found in contempt of this court.
IT IS FURTHER ORDERED that respondent Walter H. Rubinstein be, and he hereby is, fined $10,000, which amount shall be due and payable to this court on or before July 20, 1988.
IT IS FURTHER ORDERED that respondent Walter H. Rubinstein immediately cease and desist any further practice of law pending an investigation by the Cleveland Bar Association of alleged Disciplinary Rule violations.
IT IS FURTHER ORDERED that respondent Walter H. Rubinstein appear before this court on July 5, 1988 to give assurances to this court that he will comply with this order and the order of this court dated March 12, 1986, and that he will not engage in the practice of law.
IT IS FURTHER ORDERED that respondent Walter H. Rubinstein shall pay the costs of these proceedings.
IT IS FURTHER ORDERED that a special public announcement of this matter be made for the Bar of the state of Ohio.
MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.