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Moorer v. Luebbers

Supreme Court of Ohio
Jan 9, 2009
120 Ohio St. 3d 1462 (Ohio 2009)

Opinion

No. 2009-0039.

January 9, 2009.

Hamilton App. No. C-081068.


MOTION AND PROCEDURAL RULINGS.

This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of appellant's jurisdictional memorandum, it is determined by the court that this cause originated in the court of appeals and shall proceed as a direct appeal.

It is ordered by the court that the Clerk shall issue an order for the transmittal of the record from the Court of Appeals for Hamilton County. Appellant shall file its merit brief within forty days of the filing of the record with the Clerk of this court, and the parties shall otherwise proceed in accordance with S.Ct.Prac. R. VI.

MISCELLANEOUS ORDERS

Gov.Bar R. X(3)(A)(1) requires all attorneys admitted to the practice of law in Ohio and each attorney registered for corporate status pursuant to Gov.Bar R. VI to complete and report at least twenty-four hours of continuing legal education, including two and one half hours related to professional conduct, for each two-year reporting period. Gov.Bar R. X(3)(B)(1) requires attorneys whose last name begins with a letter from A through L to report compliance with the requirements of Gov.Bar R. X on or before the thirty-first day of January of even-numbered years for the preceding two calendar years. Gov.Bar R. X(6)(A) provides that an attorney or judge who fails to comply timely with the applicable requirements of Gov.Bar R. X or Gov.Jud.R. IV but does so on or before the thirtieth day of April of the reporting year shall be assessed a late compliance fee, as established by the Commission on Continuing Legal Education ("commission"). Gov.Bar R. X(6)(B) provides that an attorney or judge who fails to comply with the applicable requirements of Gov.Bar R. X or Gov.Jud.R. IV shall be notified of noncompliance by the commission and that unless the attorney or judge comes into compliance or files evidence of compliance that is satisfactory to the commission on or before the date set forth in the notice, the commission shall issue an order imposing a sanction authorized by Gov.Bar R. X(5) and consistent with commission regulation.

On January 9, 2009, the commission issued orders imposing monetary sanctions and suspending 76 attorneys for noncompliance with the provisions of Gov.Bar R. X.

The following attorneys were sanctioned and suspended for not completing the educational hours required by Gov.Bar R. X(3) and not filing evidence of compliance or coming into compliance as required by Gov.Bar R. X(6)(B). These attorneys also were out of compliance with Gov.Bar R. X for the 2004 and 2006 reporting periods. The sanction amount as displayed in the last column is based on the number and type of hour deficiency.

Attorney Name Registration County State Amount Number Thomas Michael Clayton 11405 IN $280 Darryl Alexander Hines 37481 GA $600 John Phillip Kellogg 33459 MA $90 Michael Robert Kamen 55816 Cuyahoga OH $100 Paul Harrison Fisher 42458 Hamilton OH $90 The following attorneys were sanctioned and suspended for not completing the requisite hours required by Gov.Bar R. X(3), not filing the final reporting transcript on or before January 31, 2008, as required by Gov.Bar R. X(3)(B)(1), and not filing evidence of compliance or coming into compliance as required by Gov.Bar R. X(6)(B). These attorneys also were out of compliance with Gov.Bar R. X for the 2004 and 2006 reporting periods. The sanction amount as displayed in the last column is based on the number and type of hour deficiency and includes a $150 sanction for failing to file the final reporting transcript. Attorney Name Registration County State Amount Number Waynee Shiu Francis 22496 CA $750 Matthew Holton Beutel 73410 MD $750 Paul Vincent Danielson 69885 MD $750 Patricia Ann Dicke 32882 MS $750 Steven Anthony Caputo 25398 NJ $750 Stephen Tierney Britt 42076 Cuyahoga OH $750 Patrick John Gasey, Jr. 34173 Cuyahoga OH $750 Constance Gaynell Fanner 31629 Cuyahoga OH $680 Donald Eugene Grohoske 72335 Fairfield OH $750 Andrea Kay Graves 76797 Franklin OH $750 Laura Lee Gribbin 70287 Franklin OH $750 Randall Charles Lindquist 31401 Franklin OH $750 Charles Paul Derby 55272 Huron OH $250 Gerald Alexander Baker 42316 Lucas OH $750 David James Azallion 65719 Montgomery OH $750 Mark Allan Anthony 56048 Montgomery OH $750 David Clark Champion 22833 Summit OH $220 Jim F. Bennett 75830 Washington OH $750 Arthur Leeland Close, Jr. 22199 PA $750 The following attorneys were sanctioned and suspended for not filing the final reporting transcript on or before January 31, 2008, as required by Gov.Bar R. X(3)(B)(1) and not filing evidence of compliance or coming into compliance as required by Gov.Bar R. X(6)(B). These attorneys also have not paid prior court ordered sanctions issued for noncompliance in the 2006 reporting period. Attorney Name Registration County State Amount Number Edward Joseph Boll, III 72982 Hamilton OH $150 Roger Pierre Bouchard 75578 Hamilton OH $150 Leslie Ann Kohli 72033 Lucas OH $150 The following attorneys were sanctioned and suspended for not completing the educational hours required by Gov.Bar R. X(3) and not filing evidence of compliance or coming into compliance as required by Gov.Bar R. X(6)(B). These attorneys also have not paid prior court ordered sanctions issued for noncompliance in the 2006 reporting period. The sanction amount as displayed in the last column is based on the number and type of hour deficiency. Attorney Name Registration County State Amount Number Joseph Henry Currin 71208 IL $100 Tina Robert Krueger 67226 Franklin OH $390 The following attorneys were sanctioned and suspended for not completing the requisite hours required by Gov.Bar R. X(3), not filing the final reporting transcript on or before January 31, 2008, as required by Gov.Bar R. X(3)(B)(1), and not filing evidence of compliance or coming into compliance as required by Gov.Bar R. X(6)(B). These attorneys also have not paid prior court ordered sanctions issued for noncompliance in the 2006 reporting period. The sanction amount as displayed in the last column is based on the number and type of hour deficiency and includes a $150 sanction for failing to file the final reporting transcript. Attorney Name Registration County State Amount Number Aldean Smith Bradley 36890 AL $750 Ingolf Ralph Dinklage 23219 CA $750 Linda Louise Leasure 5176 DC $750 Lucian Joseph Bernard 47159 KY $305 John Steven Lee 24747 ME $750 Richard Nicholas Lovernick 68936 MI $750 Adam Lawrence Gross 55392 NY $750 Gary Ray Hermon 32769 Allen OH $750 Timothy Jay Foran 7110 Athens OH $750 David Henry Landis 15021 Butler OH $750 Paul Frederick Benson 15965 Carroll OH $750 Roy Milton Kaufman 18606 Cuyahoga OH $750 Elizabeth Anne Cain 21485 Cuyahoga OH $750 Dwight Edwin Davis 29972 Cuyahoga OH $750 Jeffrey Keith Lurie 41446 Cuyahoga OH $750 Rita Renee Johnson 65959 Cuyahoga OH $250 Seth Michael Jupin 66431 Cuyahoga OH $750 John Patrick Hildebrand, Jr. 68874 Cuyahoga OH $230 Larry Lee Arwood 62052 Franklin OH $750 John Joseph Gideon 8151 Franklin OH $750 Allen James Lowe 17026 Franklin OH $750 Peter Francis Judge Beagle 20249 Franklin OH $750 Carl Edward Coles 55833 Franklin OH $750 Kenneth Raymond Besser 67935 Franklin OH $660 Amanda Marie Burnett 76930 Franklin OH $750 Robert S. Chaloupka 73509 Geauga OH $750 Paul Walker Barrett 18738 Greene OH $370 John Michael Di Puccio 21133 Hamilton OH $750 David Michael Gallagher 73954 Hamilton OH $750 Eric Steven French 71711 Hamilton OH $750 Michael Grant Kohn 10287 Hamilton OH $750 Corinne Keys Dawson 24694 Lorain OH $750 Mark William Adams 46725 Lucas OH $750 James Andrew Arquette 47297 Lucas OH $750 Lloyd Selden Grant 61210 Lucas OH $750 John Bernard Horoschak 59912 Lucas OH $750 Lloyd Turner Carson 7620 Montgomery OH $750 Shawn Timothy Kelly 77074 Montgomery OH $750 Patrick E. Dandino 68946 Summit OH $750 Michael Louis Horvath 24809 Summit OH $750 John Paul Allare 3176 Warren OH $750 Michael Joseph Graml 40036 PA $370 Isla Mao Luciano 71528 PA $610 Carroll Gibbs Clough-Brewerton 77114 TX $750 Ronald Lee Dressier, Jr. 67915 UT $750 Tiffany Elizabeth Davis 77561 WV $750 Lauren Krause 77209 WV $750 On December 5, 2008, the commission entered sanction orders against the following attorneys for failing to comply with Gov.Bar R. X for the 2008 reporting period and ordered them to pay a sanction fee. It has come to the commission's attention that the following attorneys were in compliance with Gov.Bar R. X for the 2008 reporting period, and the December 5, 2008, sanction orders entered against them are vacated: Attorney Name Registration No. City and State Debra M. Fingerman 0015366 Cincinnati, Ohio John Wilfred Hickey 0020327 Cleveland, Ohio In re Report of the Commission : on Continuing Legal Education. : Case No. CLE-2006-66016 : Pauline Remenyi Aydin : ORDER (# 0066016), : Respondent. : It is ordered by the court, sua sponte, that respondent is hereby found in contempt of this court for failure to fully comply with this court's order of April 27, 2007: to wit, failure to file an affidavit of compliance on or before May 29, 2007.


Summaries of

Moorer v. Luebbers

Supreme Court of Ohio
Jan 9, 2009
120 Ohio St. 3d 1462 (Ohio 2009)
Case details for

Moorer v. Luebbers

Case Details

Full title:State ex rel. Moorer v. Luebbers

Court:Supreme Court of Ohio

Date published: Jan 9, 2009

Citations

120 Ohio St. 3d 1462 (Ohio 2009)
2009 Ohio 40

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