Section 21 - Probation Procedures(A) Supervision. If the disciplinary order entered by the Supreme Court imposes a term of probation, the relator shall do all of the following: (1) Supervise the term and conditions of probation;(2) Maintain the probation file;(3) Appoint, in any manner it considers appropriate, one or more monitoring attorneys who are admitted to the practice of law in Ohio and in good standing and are not members of a certified grievance committee or counsel for the relator and select one or more replacement monitoring attorneys, if necessary;(4) Receive reports from the monitoring attorneys;(5) Investigate reports of probation violations.(6) If the probation involves recovery from a disorder, select as one of the monitoring attorneys a person designated by a committee or subcommittee of a bar association, or by a non-profit corporation established by a bar association, designed to assist lawyers with disorders, which person shall satisfy the requirements of division (A)(3) of this section and who shall monitor compliance with only that portion of the term of probation involving recovery from a disorder.(B) Monitoring. The monitoring attorney shall, with respect to those aspects of the terms of probation assigned to that attorney, do all of the following: (1) Monitor compliance by the respondent with the conditions of probation imposed by the Supreme Court;(2) File with the relator, at least quarterly or as otherwise determined by the relator, written, certified reports regarding the status of the respondent and compliance with the conditions of probation;(3) Immediately report to the relator any violations by the respondent of the conditions of probation.(C) Duties of Respondent. The respondent shall do all of the following: (1) Have a personal meeting with the monitoring attorneys at least once each month during the first year of probation, and at least quarterly thereafter, unless the monitoring attorneys require more frequent meetings;(2) Provide the monitoring attorneys with a written release or waiver, on a form approved by the Board, for use in verifying compliance regarding medical, psychological, or other treatment and attendance at self-help programs;(3) Cooperate fully with the efforts of each monitoring attorney to monitor the respondent's compliance.(D) Termination of Probation. At the expiration of the probation period, the respondent shall apply for termination of probation. The application shall be in writing and filed with the clerk of the Supreme Court. The application shall indicate the date probation was ordered, include an affidavit by respondent stating that the respondent has complied with the conditions of probation, indicate whether any formal disciplinary proceedings are pending against the respondent, and request termination of probation. The Supreme Court shall order the termination of probation if all costs of the proceedings as ordered by the Supreme Court have been paid, the respondent has complied with the conditions of probation, and no formal disciplinary proceedings are pending against the respondent. The clerk of the Supreme Court shall provide notice of the termination of probation to all persons and organizations who received copies of the disciplinary order pursuant to Section 17 of this rule.(E) Violation of Probation; Authority and Duty of Relator. The relator immediately shall investigate any report of a violation of the conditions of probation by the respondent. If it finds probable cause to believe that a significant or continuing violation of the conditions of probation has occurred, it shall notify the respondent of the report of probation violation and provide an opportunity to respond to the report. Thereafter, if warranted, the relator shall file a petition for the revocation of probation, reinstatement of any stayed suspension, and citation for contempt with the director of the Board within thirty days after its receipt of the report, in the same manner as provided in Section 10 of this rule. If, upon investigation of a report of a violation of probation, the relator determines that the filing of a petition for revocation of probation with the director of the Board is not warranted, the person reporting the alleged violation of probation shall be notified in writing of that determination.(F) Duty of the Board upon Filing of Petition. Upon receipt of a petition for revocation of probation, the director of the Board shall send a copy of the petition by electronic service address or certified mail to the respondent with a notice requiring the respondent to file, within ten days after the mailing of the notice, six copies of the respondent's answer and serve copies on counsel of record. Extensions of time for the filing of the answer may be granted by the director of the Board for good cause shown.(G) Hearing by Panel; Motion for Default.(1) After the respondent has filed an answer, a formal hearing shall be held by a panel of three commissioners appointed in the same manner as provided in Section 12 of this rule. The panel shall conduct a hearing only on the issue of probation violation within thirty days after the answer date set forth in the notice to the respondent of the filing of the petition or any extension of the answer date.(2) If no answer has been filed by the respondent within ten days after the answer date set forth in the notice to the respondent of the filing of the petition or any extension of the answer date, relator shall file a motion for default in accordance with Section 14 of this rule. If a motion for default is granted, the panel forthwith shall make its certified report to the Supreme Court, pursuant to division (H) of this section.(H) Certification of Panel Report. If the panel determines by clear and convincing evidence that the respondent is guilty of a significant or continuing violation of the conditions of probation, the panel shall make a certified report of the proceedings before it, including findings of fact and recommendations, and shall file the report, together with the transcript of testimony taken or, in the case of a default, the documentary evidence received, and an itemized statement of the actual and necessary expenses incurred in connection with the proceedings, with the clerk of the Supreme Court. The panel promptly shall notify the respondent and all counsel of record of its action, enclosing with the notice a copy of the findings of fact and recommendations and a copy of the statement of the actual and necessary expenses incurred. If the panel finds that the evidence is insufficient to support a charge of a violation of probation, the panel shall order that the petition for revocation of probation be dismissed. The panel shall report its action to the director of the Board who shall give written notice of the action taken to those persons and organizations identified in Section 12 of this rule.(I) Reinstatement of Stayed Suspension. On the filing of the final certified report by the panel, the Supreme Court may issue to the respondent an order reinstating any period of suspension previously stayed by the Supreme Court, pending the entry of a final order by the Supreme Court. Notice of an order reinstating any period of suspension previously stayed shall be served personally or by electronic service address or certified mail by the clerk of the Supreme Court on the respondent and all counsel of record.(J) Show Cause Order; Objections; Answer Briefs. On the filing of the final certified report of the panel, the Supreme Court shall issue to the respondent an order to show cause in accordance with Section 17 of this rule. Any response or objections to the order to show cause, and any answer briefs, shall be filed in accordance with Section 17 of this rule.(K) Review by Court. After a hearing on objections, or if objections are not filed within the prescribed time, the Supreme Court shall enter an order as it finds proper in accordance with Section 17 of this rule. If the Supreme Court finds that the respondent has not violated the conditions of probation, the Supreme Court shall issue an order that does all of the following:(1) Dismisses the matter;(2) Reinstates the respondent to the practice of law, if the Supreme Court suspended the respondent pursuant to division (I) of this section;(3) Reinstates any remaining period of probation, subject to any full or partial credit allowed by the Supreme Court for any period of suspension imposed under division (I) of this section.(L) Reimbursement of Expenses. A monitoring attorney may be reimbursed from the Attorney Services Fund for direct expenses incurred by the monitoring attorney in performing the obligations imposed on the monitoring attorney by this section. Reimbursement shall be limited to necessary costs for copies of documents, travel expenses, postage, and long distance telephone charges. No reimbursement shall be allowed for the cost of the time of the monitoring attorney or other personnel in discharging these obligations. Reimbursement shall be made on submission to the director of the Board of proof of expenditures.Amended September 9, 2020, effective 11/1/2020.