Opinion
No. 2008-0992.
March 23, 2009.
Warren App. No. CA2008-03-040.
MOTION AND PROCEDURAL RULINGS.
This cause is pending before the court as an appeal from the Court of Appeals for Warren County. Upon further review,
It is ordered that the parties are to brief the following issues:
1. "Whether sex offender reclassification hearings conducted pursuant to the provisions of Am. Sub. S.B. 10 are criminal or civil proceedings."
2. "Whether sex offenders are entitled to the appointment of counsel for Am. Sub. S.B. 10 reclassification hearings if those proceedings are civil in nature."
It is further ordered by the court that appellant's brief shall be filed within 40 days of the date of this entry, and further briefing shall be in accordance with S.Ct.Prac. R. VI. Briefing in this case and 2008-0091, Chojnacki v. Cordray, Warren App. No. CA2008-03-040, shall be consolidated. The parties shall file two originals of each of the briefs permitted under S.Ct.Prac. R. VI and include both case numbers on the cover page of the briefs.
It is further ordered that this cause shall be scheduled for oral argument upon the completion of the supplemental briefing.
MISCELLANEOUS ORDERS.
In re Report of the Commission : On Continuing Legal Education. : : ORDER David Henry Kennett : (# 0019469), : Respondent. : This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education ("commission") pursuant to Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the imposition of sanctions against certain attorneys, including the above-named respondent, for failure to comply with the provisions of Gov.Bar R. X, Attorney Continuing Legal Education, for the 2004-2005 reporting period.On April 17, 2007, this court entered an order against respondent adopting the recommendation of the commission that respondent be ordered to pay a sanction in the amount of $750 for failure to comply with Gov.Bar R. X during the 2004-2005 reporting period.
On February 20, 2009, the commission filed a motion to vacate, requesting that the order of April 17, 2007, pertaining to the above-named respondent be vacated. Upon consideration thereof,
IT IS ORDERED by the court that the motion to vacate is granted.
IT IS FURTHER ORDERED by the court that the order of April 17, 2007, pertaining to respondent is vacated, and this cause is dismissed.