As amended through October 29, 2024
As used in this rule:
(A) "Alcohol and other drug abuse" has the same meaning as in R.C. 5119.90 [Involuntary Treatment].(B) "Approved treatment program" means a chemical dependency treatment program approved by a state agency, Ohio Lawyers Assistance Program, or other appropriate authority.(C) "Complaint" means a formal written allegation of misconduct, mental illness, mental disorder, substance use disorder, or nonsubstance-related disorder of a person designated as the respondent.(D) "Confidential" acknowledges the oath of office of Sections 1, 4, and 5 of this rule, the necessity of confidentiality of all proceedings, documents, and deliberations of a certified grievance committee, the Office of Disciplinary Counsel, and the Board and its hearing panels.(E) "Disorder" means a mental disorder, substance use disorder, or nonsubstance-related disorder.(F) "Disqualified attorney" means a former attorney who has been disbarred or who has resigned with discipline pending.(G) "Electronic service address" means the email address designated by an attorney for service of documents pursuant to Gov. Bar R. VI, Section 4(B).(H) "Judicial officer" means any person who is subject to the Code of Judicial Conduct as set forth in the Application section of that code.(I) "Mental disorder," "substance use disorder," and "nonsubstance-related disorder" have the same meanings as in the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.(J) "Mental illness" has the same meaning as in R.C. 5122.01(A) [Mental Illness Adjudication].(K) "Misconduct" means any violation by a judicial officer or an attorney of any provision of the oath of office taken upon admission to the practice of law in this state or any violation of the Ohio Rules of Professional Conduct or the Code of Judicial Conduct, disobedience of these rules or of the terms of an order imposing probation or a suspension from the practice of law, or the commission of an illegal act or conviction of a crime that reflects adversely on the lawyers' honesty or trustworthiness.(L) "Probable cause" means there is substantial, credible evidence that misconduct has been committed.(M) "Qualified health care professional" means an individual who is licensed, certified, or otherwise authorized or permitted by law to provide diagnoses and treatment of disorders and who is acting within the scope of his or her practice;(N) "Qualified chemical dependency professional" means an individual who is licensed, certified, or otherwise authorized or permitted by law to provide diagnoses and treatment of substance use disorders and is acting within the scope of his or her practice.Amended effective 3/5/2019; amended September 9, 2020, effective 11/1/2020; amended effective 7/1/2021.