Section 14 - [Effective until 4/1/2024] Appeal to Board of Commissioners on Character and Fitness(A) If an admissions committee makes a recommendation other than an unqualified approval, or if the Board of Commissioners on Character and Fitness is required to review the applicant pursuant to Section 13(D)(5)(a) of this rule, the Office of Bar Admissions shall forward a copy of the report required under Section 13(E) of this rule by certified mail to the applicant, and the applicant may file a written notice of appeal with the secretary of the Board. The report shall be sent by certified mail to the address listed on the application or as supplemented by the applicant. If the certified mail is returned as unclaimed, refused, or otherwise undeliverable, the Office of Bar Admissions shall send the report to the applicant by regular mail.(B) The applicant's notice of appeal shall be filed within thirty days of the applicant's receipt, by certified mail, of the admissions committee report or within thirty days of the date the Office of Bar Admissions mailed the report to the applicant by ordinary mail if the certified mail was returned as unclaimed, refused, or otherwise undeliverable. The applicant shall serve a copy of the notice of appeal on the admissions committee. If the applicant files a timely notice of appeal, the admissions committee shall appoint counsel to represent it before the Board and notify the applicant and the secretary of the name and address of counsel. If the applicant does not file a timely notice of appeal, the application shall be considered withdrawn.(C)(1) Upon receipt of a notice of appeal that has been timely filed, the secretary shall, by entry, appoint a panel consisting of three commissioners and designate one of them chair of the panel. No commissioner appointed to the panel shall be from the appellate district in which the admissions committee that made the recommendation is located. Except with the consent of the applicant, a commissioner shall not sit as a member of a hearing panel or otherwise participate in the Board's investigation or recommendation of an applicant if it is reasonable to expect that the commissioner's judgment will be, or could be, affected by such commissioner's financial, business, property, or personal interest. The secretary shall serve a copy of the entry appointing the panel on the applicant, the admissions committee, and all counsel of record.(2) After reasonable written notice to the applicant, and the admissions committee, and all counsel of record, the panel shall conduct a hearing at a place designated by the panel chair and otherwise inquire into the character, fitness, and moral qualifications of the applicant. At such hearing, the admissions committee and the applicant shall offer such information as bears upon the character, fitness, and moral qualifications of the applicant. The applicant shall be entitled to be represented by counsel of the applicant's choice, at the applicant's expense.(3) The panel may take and hear testimony in person or by deposition, administer oaths, and compel by subpoena the attendance of witnesses and the production of books, papers, documents, records, and materials. The panel shall report its findings, together with the stenographic record of the proceedings, to the Board for its consideration and decision.(4) The chair of the Board, the chair of the panel, and the secretary of the Board shall have authority to issue subpoenas, which shall be issued in the name and under the Seal of the Supreme Court and signed by the chair of the Board, the chair of the panel, or the secretary of the Board. In order to preserve confidentiality consistent with Section 15 of this rule, subpoenas shall bear the case number but not the name of the applicant. The party calling or subpoenaing a witness shall inform the witness of the purpose of the hearing and of the confidentiality provisions of this rule. All witnesses, whether or not subpoenaed, are bound by the confidentiality provisions of this rule. The refusal or neglect of the person subpoenaed or called as a witness to obey a subpoena, attend the hearing, be sworn or affirm, answer any proper question, or abide by the confidentiality provisions of this rule shall be deemed to be contempt of the Supreme Court and may be punished accordingly.(5) All relevant evidence as determined by the panel shall be considered by the panel. The parties and their counsel shall cooperate with the panel and shall not keep relevant information from the panel.(6) The burden of proof in such hearings shall be on the applicant to establish by clear and convincing evidence the applicant's present character, fitness, and moral qualifications for admission to the practice of law in Ohio. An applicant's failure to provide requested information, including information regarding expungements and juvenile court proceedings, or otherwise to cooperate in proceedings before the Board may be grounds for a recommendation of disapproval.(7) The hearing may be waived upon agreement of the parties and the panel, and the Board or panel may proceed with its own investigation of the applicant, and base its recommendation on the results.(8) The Board may remand any matter on appeal to a local or regional admissions committee with directions for further investigation by that committee with a report to the Board.(D) An applicant reviewed by the Board will be approved only if the applicant receives a vote in favor of approval from not fewer than seven commissioners. If the applicant is approved by such vote, the Board shall forthwith notify the applicant, the admissions committee, and all counsel of record.(E) If the applicant is not approved, the Board shall make a final report of the proceedings, with its findings of fact and recommendation, and shall file its report and the record with the Clerk of the Supreme Court. The Board shall recommend that the applicant not be permitted to reapply for admission to the practice of law or that the applicant be permitted to re-apply only after a specified period of time.(F)(1) On the filing of the Board's report and record with the Clerk of the Supreme Court, the Court shall issue an order to show cause why the report should not be confirmed and why the Board's recommendation should not be adopted. The Clerk shall send a copy of the show cause order and a copy of the Board's report, by both ordinary and certified mail, to the applicant at the address listed in the application or as supplemented by the applicant, to the admissions committee, and to all counsel of record.(2) Within thirty days after issuance of the show cause order, the applicant and the admissions committee may file objections to the findings or recommendation of the Board. The objections shall be accompanied by the original and eighteen copies of a brief in support of the objections.(3) The original and eighteen copies of an answer brief may be filed within fifteen days after the objections have been filed with the Clerk.(4) Unless clearly inapplicable, the Rules of Practice of the Supreme Court of Ohio shall apply to proceedings filed in the Supreme Court under this division. Service of briefs and other documents shall be made upon the applicant, the admissions committee, and all counsel of record.(G) After a hearing on objections or if objections are not filed within the prescribed time, the Court shall enter such order as it may find proper. Upon the entry of any order pursuant to this rule, the Clerk shall send by ordinary mail certified copies of the order to the applicant at the address listed in the application or as supplemented by the applicant, to the admissions committee, and to all counsel of record.Amended April 4, 2020, effective 6/1/2020.