Feb. 12, 2010
Task Force Submits Disciplinary System Review to Supreme Court
Ohio’s disciplinary system for lawyers and judges should be restructured to realize more consistency, uniformity and oversight, according to a report released today by a Supreme Court of Ohio task force.
The restructuring proposed by the task force would decrease the number of certified grievance committees from the current 33 to nine, and include those established by the Ohio State Bar Association and local bar associations in Akron, Cincinnati, Cleveland, Columbus, Dayton, Mahoning County, Stark County and Toledo. Most committees scheduled for decertification would have the opportunity to form a joint committee with one of the eight remaining local committees that operates in a contiguous county.
Appointed by Chief Justice Thomas J. Moyer in March 2009, the 18-member Task Force to Review the Ohio Disciplinary System was charged with determining whether the system “provides the most effective and efficient means of investigating, prosecuting and adjudicating allegations of professional misconduct on the part of Ohio’s lawyers and judges.”
The Supreme Court will accept public comment on the task force recommendations until April. 16.
While acknowledging the system’s fairness and impartiality and the extensive involvement of competent professionals and dedicated volunteers, the report did note room for improvement. “The Task Force believes the current structure of the Ohio disciplinary system produces inconsistent results with regard to decisions to investigate misconduct allegations, the thoroughness of investigations, the adequacy of charging documents, and the quality of case presentations to the Board.”
Reasons for inconsistencies, according to the task force’s findings, include the high number of certified grievance committees, little oversight, an absence of uniform procedures and guidelines, and a varying level of experience with handling these types of cases depending on the workload of the committee.
Consequently, certified grievance committees in existence after Jan. 1, 2011, would operate under enhanced oversight by the Board of Commissioners on Grievances & Discipline and the Office of Disciplinary Counsel. New requirements would include education and training, term limits, and certain administrative duties such as increasing the number of annual meetings and providing for full-time staff.
Under the proposed new structure, the process for reviewing and prosecuting professional misconduct allegations would be changed to include the development by the Office of Disciplinary Counsel of uniform procedures governing the intake and investigation of grievances and preparing formal changes for presentation to the Board. In addition, bar counsel would become more involved in disciplinary decision-making and the Board would review probable cause procedures and recommend any needed changes to the Supreme Court.
In a letter to Chief Justice Moyer accompanying the report, task force chair and Columbus attorney Samuel H. Porter of Porter, Wright, Morris & Arthur called it an honor “to serve as Chair of this highly motivated Task Force on this matter so important to the legal profession and members of the public.” In conclusion, he wrote: “I sincerely believe that the Task Force has made in its Report and Recommendations a valuable improvement, if adopted, to the Ohio Disciplinary System”
The Supreme Court’s appointment and work of the task force followed a five-year process to review, rewrite and adopt new ethical rules governing the conduct of Ohio lawyers (2007) and judges (2009). This is the first comprehensive review of the disciplinary process undertaken by the Supreme Court in at least the last 20 years. The last series of major amendments occurred in the late 1990s based on recommendations from a committee appointed by the Ohio State Bar Association.
At the direction of Chief Justice Moyer, the task force also reviewed issues of timeliness and cost. The task force found no inherent delays in the disciplinary process except for complex cases that take longer to resolve like those involving judicial misconduct or criminal misconduct. The task force also estimated that implementing restructuring, oversight and procedural changes would increase overall disciplinary spending by about 6 percent per year. Even with the proposed increases, Ohio’s disciplinary system cost remains relatively low in comparison to other jurisdictions, due in large part to the volunteer participation of Ohio lawyers.
Chief Justice Moyer thanked the task force members for their service and insights in to the disciplinary process. “The proposals outlined in this report will be considered carefully by the Supreme Court, a process that will include the solicitation of public comments” he said. “The recommendations adhere to the goal of enhancing a disciplinary system that protects the public by addressing lawyer misconduct promptly and appropriately, and ensuring that the disciplinary process remains efficient.”
Access the complete Task Force report.
Contact: Chris Davey or Bret Crow at 614.387.9250.