Section 4 - Office of Disciplinary Counsel [Effective January 1, 2025](A)Disciplinary Counsel. With the approval of the Supreme Court, the Board, by majority vote, shall appoint a disciplinary counsel who shall perform all of the following duties: (1) Investigate allegations of misconduct by judicial officers or attorneys and allegations of mental illness, alcohol and other drug abuse, or disorder affecting judicial officers or attorneys;(2) Initiate and prosecute complaints as a result of investigations under the provisions of this rule;(3) Certify bar counsel nominated by certified grievance committees pursuant to Section 6 of this rule;(4) Comply with the record retention standards set forth in Section 5 of this rule;(5) In consultation with the Board, representatives of the certified grievance committees, and others, develop and offer an education curriculum for bar counsel and certified grievance committee members, including an orientation program for newly appointed certified grievance committee members.(B)Appointment; In-term Removal. Disciplinary counsel shall be appointed for a term of two years, ending October 26, 2019, and may be removed in-term only for just cause. For the term commencing October 27, 2019 and each term thereafter, disciplinary counsel shall be appointed for a term of four years and may be removed in-term only for just cause. In-term removal for just cause shall be instituted by the filing, with the Chief Justice, of a written petition by the chair, acting by authority of a two-thirds vote of the Board. Upon receipt of the petition, the Chief Justice shall cause it to be served on disciplinary counsel for response. Thereafter, the Chief Justice shall schedule a hearing before the Supreme Court, which shall determine whether there is just cause for the removal of disciplinary counsel. Disciplinary counsel shall be removed upon the affirmative vote of five or more members of the Supreme Court.(C)Assistants; Staff. Disciplinary counsel may appoint assistants as necessary who shall be attorneys admitted to the practice of law in Ohio and who shall not engage in the private practice of law while serving in that capacity. Disciplinary counsel shall appoint staff as required to satisfactorily fulfill the duties of the Office of Disciplinary Counsel. Disciplinary counsel shall retain one or more investigators who may be assigned by disciplinary counsel to assist certified grievance committees in the investigation of grievances. Employees of the Office of Disciplinary Counsel shall serve at the pleasure of disciplinary counsel.(D)Compensation; Supplies; Annual Report. The compensation of disciplinary counsel shall be fixed by the Supreme Court. The compensation of personnel employed by the Office of Disciplinary Counsel, including any assistant disciplinary counsel, shall be fixed by disciplinary counsel with the approval of the Supreme Court. The Supreme Court shall provide office facilities, furnishings, stationery, equipment, and office supplies for the Office of Disciplinary Counsel. Disciplinary counsel shall file annually with the Supreme Court and the Board a report of the activities and expenses of the office.(E)Quarterly Report. By the fifteenth day of January, April, July, and October of each year, disciplinary counsel shall file with the Supreme Court and the Board a report of the number of grievances made to the Office of Disciplinary Counsel during the preceding quarter. The report shall be on a form prescribed by the Board and shall specify the types of grievances filed and state the number of grievances filed, the number pending in each prescribed category and the number terminated by action of the Office of Disciplinary Counsel during the reporting period.(F)Confidentiality; Oath of Office. No employee of the Office of Disciplinary Counsel shall disclose to any person any proceedings, documents, or deliberations of the Office of Disciplinary Counsel. Prior to taking office, Disciplinary Counsel and each employee of the Office of Disciplinary Counsel shall swear or affirm that he or she will abide by these rules.(G)Proactive Management-Based Regulation. Disciplinary counsel shall establish a free, CLE-accredited proactive management-based regulation curriculum to assist attorneys in developing ethical infrastructures to improve the delivery of legal services and client relations and enhance the provision of competent and cost-effective legal services to prevent violations of the Ohio Rules of Professional Conduct. The curriculum may include, but is not limited to, continuing legal education on the ethical operation of a law practice, and the curriculum shall be open to any attorney admitted to practice law in Ohio. All information related to an attorney's participation in the curriculum shall be confidential, except that disciplinary counsel may report proof of completion and aggregate statistics from the curriculum.Amended effective 3/5/2019; amended September 9, 2020, effective 11/1/2020; amended March 2, 2023, effective 1/1/2025.