Ohio Gov. Bar. R. 6

As amended through October 29, 2024

Section 6 - Public Access to Unauthorized Practice of Law Documents and Proceedings

(A)Proceedings prior to filing of formal complaint

(1) Prior to the filing of a formal complaint with the Board, all proceedings, documents, and deliberations relating to review, investigation, and consideration of allegations of the unauthorized practice of law by a certified unauthorized practice of law committee, disciplinary counsel, or the Attorney General shall be confidential except as follows:

(a) Where the respondent expressly and voluntarily waives confidentiality of the proceedings. A waiver of confidentiality does not entitle the respondent or any other person access to documents or deliberations expressly designated as confidential under this section.

(b) Where, in the course of an investigation by a certified unauthorized practice of law committee, disciplinary counsel, or the Attorney General, it is found that a person involved in the investigation may have violated federal or state criminal statutes, the entity conducting the investigation shall notify the appropriate law enforcement agency, prosecutorial authority, or regulatory agency of the alleged criminal violation and may provide the agency or authority with information concerning the criminal violation.

(2) A certified unauthorized practice of law committee, disciplinary counsel, or the Attorney General may share information with each other or with the unauthorized practice of law authority of another state or federal jurisdiction regarding the review, investigation and consideration of unauthorized practice of law allegations.

(B)Proceedings before the Board

From the time a formal complaint has been filed with the Board, the complaint and all subsequent proceedings conducted and documents filed in connection with the complaint shall be public except as follows:

(1) Deliberations by a hearing panel of the Board and the Board shall be confidential.

(2) The report and recommendations of a hearing panel of the Board shall be confidential until the report of the full Board is filed with the Court. If the case is dismissed either by the hearing panel or the Board pursuant to Section 12(D) or (H) of this rule, any report of the hearing panel shall be public upon the filing of an order of dismissal. The report and recommendation of the Board shall be confidential until the report is filed with the Court.

(C)Restricted access to case documents

A party to a matter pending before the Board may file a motion requesting that the Board restrict public access to all or a portion of a document filed with the Board. Additionally, the chairperson of a hearing panel may request that the Board restrict public access to all or a portion of a document filed with the Board. In considering the motion or request, the Board chairperson shall apply the standards set forth in Sup. R. 45(E). If the Board chairperson finds that public access to a document should be restricted, the order shall direct the use of the least restrictive means available, including but not limited to redaction of the information rather than limiting access to the entire document.

(D)Personal identifiers

A party to a matter pending before the Board shall be responsible for omitting personal identifiers from a case document filed with the Board, consistent with Sup. R. 45(D). As used in this rule, "personal identifiers" and "case document" shall have the same meaning as in Sup. R. 44.

(E)Response to allegations

Notwithstanding the other provisions of this rule, the respondent's reply to allegations of the unauthorized practice of law, made during the course of an investigation by a certified unauthorized practice of law committee, disciplinary counsel or the Attorney General, shall be furnished to the complainant without waiving any other right to confidentiality provided by this rule. If the respondent specifically requests, in writing, to the certified unauthorized practice of law committee, disciplinary counsel or the Attorney General that the reply not be furnished to the complainant, the certified unauthorized practice of law committee, disciplinary counsel or the Attorney General shall not furnish the reply to the complainant. Release to the complainant of the respondent's reply is, nevertheless, encouraged and consistent with the liberal construction of this rule for the protection of the public.

(F)Administrative and financial records

Except as otherwise provided in this section or in rules adopted by the Court, documents and records pertaining to the administration and finances of the Board, including budgets, reports, and records of income and expenditures, shall be made available, upon request, as provided in Sup. R. 45.

Ohio. Gov. Bar. R. 6

Amended April 27, 2021, effective 7/1/2021