Opinion
NO. 2012-1186
2012-07-31
In re Judicial Campaign Complaint Against Moll
MISCELLANEOUS ORDERS
BEFORE THE COMMISSION OF FIVE JUDGESAPPOINTED BYTHE SUPREME COURT OF OHIO
+----------------------------------------------------+ ¦In re Judicial Campaign Complaint¦Case No. 2012-1186¦ +---------------------------------+------------------¦ ¦Against Moll. ¦ ¦ +----------------------------------------------------+
Pursuant to Gov.Jud.R. II(5)(D)(1), the five-judge commission appointed to consider the above-cited matter has considered the report of the hearing panel of the Board of Commissioners on Grievances and Discipline filed with the Supreme Court of Ohio on July 16, 2012.
Having considered the report of the hearing panel and the record in this proceeding to date, the five-judge commission hereby issues pursuant to Gov.Jud.R. II(5)(D)(2) an interim order that the respondent immediately and permanently cease and desist from using Complainant's Exhibit 1.
The respondent shall file an affidavit with the clerk of the Supreme Court of Ohio before 5:00 p.m. on Monday, August 6, 2012, affirming that she has contacted every Republican Party county headquarters in the Fifth Appellate District and the executive officer of every other organization to whom she or her committee distributed Complainant's Exhibit 1 and has requested written assurances from each person contacted, or an agent or employee of that person, that a search was made and no undistributed copies of Complainant's Exhibit 1 were found or that those found will be destroyed or returned to the respondent.
The respondent shall also affirm that she has personally inspected the available literature at the Stark County Republican Party Headquarters to ensure that no copies of Complainant's Exhibit 1 remain in that office.
This interim order is issued based on the recommendation of the hearing panel.
The respondent having filed on July 30, 2012, her objections to the panel report of the Board of Commissioners on Grievances and Discipline, the five-judge commission hereby orders that the complainant may file an answer brief, not to exceed ten pages, with the clerk of the Supreme Court of Ohio no later than August 6, 2012. The complainant shall have until August 8, 2012, to file any objections to the panel report. The respondent may file an answer brief to the complainant's objections, not to exceed ten pages, no later than August 13, 2012.
Briefs shall be filed in the manner set forth in the Supreme Court's order of July 19, 2012, appointing the five-judge commission, with a copy served on the other party and opposing counsel.
BY ORDER OF THE COMMISSION.
+----------------------------------------------------------------------------+ ¦________________________________________¦ ¦ +----------------------------------------+-----------------------------------¦ ¦Steven C. Hollon, Secretary of the ¦ ¦ ¦Commission ¦ ¦ +----------------------------------------+-----------------------------------¦ ¦ ¦ ¦ +----------------------------------------+-----------------------------------¦ ¦Dated: July 31, 2012 ¦ ¦ +----------------------------------------------------------------------------+