Dec. 13, 2010
Supreme Court Adopts Amendments to Disciplinary Investigation Subpoenas
The Supreme Court of Ohio has adopted changes to the rules and regulations governing complaints and hearings before the Board of Commissioners on Grievances and Discipline concerning subpoenas issued in the investigation of alleged misconduct by a judge or attorney.
The amendments become effective Jan. 1, 2011. Justices concurred 7-0 in adopting the amendments.
The new language added to Section 7(A) includes the following provisions:
- a notice of subpoena is not required to be issued to the respondent unless probable cause is found;
- a subpoena previously issued during an investigation is considered a public record if probable cause is found;
- and guidance on who rules on a motion to quash a subpoena depending on whether the hearing panel has been appointed.
Contact: Chris Davey or Bret Crow at 614.387.9250.