Section 10 - Requirements for Filing a Complaint(A) Notice of Intent to File. No investigation conducted by disciplinary counsel or a certified grievance committee shall be completed, and no complaint shall be filed with the Board, without first giving the judicial officer or attorney who is the subject of the grievance or investigation a written notice of intent to file a formal complaint and fourteen days to respond to the notice. The notice of intent shall include both of the following: (1) A copy of the proposed complaint setting forth each allegation of professional misconduct;(2) Information about the Ohio Lawyers Assistance Program.(B) Majority Vote Required. No complaint shall be filed by a certified grievance committee with the Board unless a majority of a quorum of that committee determines the complaint is warranted.(C) Notice of Intent not to File. If, upon review or investigation of a grievance, a certified grievance committee or the Office of Disciplinary Counsel determines that the filing of a complaint with the Board is not warranted, the grievant and the judicial officer or attorney shall be notified in writing of that determination, with a statement of the reasons that a complaint was not filed with the Board. The written notice provided by a certified grievance committee shall advise the grievant of the right to have the committee's determination reviewed pursuant to division (D) of this section and the steps to obtain such review. Upon request, a certified grievance committee or the Office of Disciplinary Counsel shall provide the judicial officer or attorney with a copy of the grievance.(D) Appeal. A grievant who is dissatisfied with a determination by a certified grievance committee not to file a complaint may secure a review of the determination by filing a written request with the director of the Board within fourteen days after the grievant is notified of the determination. The director shall refer the request for review to the Office of Disciplinary Counsel or, in the case of a conflict, to another certified grievance committee. The review shall be considered promptly by the Office of Disciplinary Counsel or certified grievance committee, a decision made within thirty days, and the grievant notified. The standard of review for an appeal shall be abuse of discretion or error of law. Extensions of time for completion of the review may be granted by the director, upon written request and for good cause shown. No further review or appeal by a grievant shall be authorized. If the original determination is not affirmed, any further proceedings shall be handled by the Office of Disciplinary Counsel or certified grievance committee.(E)(1) Content of the Complaint. A complaint filed with the Board shall be filed in the name of either disciplinary counsel or the bar association that sponsors the certified grievance committee, as relator. The complaint shall include all of the following: (a) Allegations of specific misconduct including citations to the rules allegedly violated by the respondent, provided that neither the panel nor the Board shall be limited to the citation to the disciplinary rule in finding violations based on all the evidence if the respondent has fair notice of the charged misconduct;(b) If applicable, an allegation of the nature and amount of restitution that may be owed by the respondent or a statement that the relator cannot make a good faith allegation without engaging in further discovery;(c) A list of any discipline or suspensions previously imposed against the respondent and the nature of the prior discipline or suspension;(d) The respondent's attorney registration number and his or her last known address;(e) The signatures of one or more attorneys admitted to the practice of law in Ohio, who shall be counsel for the relator and, where applicable, by bar counsel;(f) A written certification, signed by disciplinary counsel or the president or chair of the certified grievance committee, that the counsel are authorized to represent the relator in the action and have accepted the responsibility of prosecuting the complaint to conclusion. The certification shall constitute the authorization of the counsel to represent the relator in the action as fully and completely as if designated and appointed by order of the Supreme Court with all the privileges and immunities of an officer of the Supreme Court.(2) The complaint shall not include any documents, exhibits, or other attachments unless specifically required by Civ. R. 10.(F) Materials Submitted with the Complaint. The relator shall submit with the complaint sufficient investigatory materials to demonstrate probable cause. The materials shall include any response submitted by or on behalf of the respondent to the notice of intent to file provided by the relator pursuant to Section 10(A) and an affidavit from bar counsel or other appropriate representative of the relator documenting relator's contacts with or attempts to contact the respondent prior to filing the complaint. The materials may include investigation reports, summaries, depositions, statements, and any other relevant material.Amended September 9, 2020, effective 11/1/2020.