As amended through October 29, 2024
Section 17 - Supreme Court Review of Certified Report; Orders; Costs; Publication(A) Show Cause Order. Upon receipt of a final report of the Board, the Supreme Court shall issue the respondent an order to show cause why the report of the Board shall not be confirmed and a disciplinary order entered. Notice of the order to show cause shall be served by the clerk of the Supreme Court on the respondent and all counsel of record personally or by electronic service address or certified mail. The clerk shall not issue a show cause order upon receipt of a report recommending the acceptance of a consent to discipline agreement.(B)(1) Response to Show Cause Order. Within twenty days after the issuance of an order to show cause, the respondent or relator may file objections to the findings or recommendations of the Board and to the entry of a disciplinary order or to the confirmation of the report on which the order to show cause was issued. The objections shall be accompanied by a brief in support of the objections and proof of service of copies of the objections and the brief on all counsel of record. Objections and briefs shall be filed in the number and form required by the Rules of Practice of the Supreme Court of Ohio.(2)(i) In lieu of objections, the respondent and relator, individually or jointly, may file a no-objection brief in support of the recommended sanction of the Board within twenty days of the issuance of an order to show cause. Upon filing of a joint no-objection brief, the case shall immediately be submitted to the Supreme Court for consideration.(ii) A no-objection brief shall not exceed ten pages in length. The brief shall not, in any way or manner, make any argument opposed to any fact, finding, analysis, argument, or recommendation found or made in the report of the Board or make any argument in support of any recommendation not made in the report. No answering or responsive briefs may be filed in response to a no-objection brief.(iii) If a no-objection brief violates the prohibitions of division (B)(2)(ii) of this section, the Court shall strike the brief in its entirety and assess the party or parties that filed the brief a fine not to exceed $500 beyond any costs incurred to that date.(3) In lieu of objections or a no-objection brief, the respondent and relator may file a joint waiver of objections within twenty days of the issuance of an order to show cause. Upon filing of a joint waiver of objections, the case shall immediately be submitted to the Supreme Court for consideration.(C) Answer Briefs. Answer briefs and proof of service shall be filed within fifteen days after briefs in support of objections have been filed. All briefs shall be filed in the number and form required by the Rules of Practice of the Supreme Court of Ohio.(D) Supreme Court Proceedings.(1) After consideration of a matter submitted to it, the Supreme Court shall enter an order as it finds proper. A disciplinary order may include an order directing the respondent to make restitution to a client or other third-party. If the Court rejects a consent to discipline agreement submitted pursuant to Section 16 of this rule, the Court shall remand the matter to the Board for further proceedings.(2) Unless otherwise ordered by the Court, any disciplinary order or order accepting resignation shall be effective on the date that the order is announced. The order may provide for reimbursement of costs and expenses certified by the Board. An order imposing a suspension for an indefinite period or for a period of six months to two years may allow full or partial credit for any period of suspension imposed under Sections 14, 15, or 18 of this rule.(E) Notice and Publication.(1) Upon the entry of any disciplinary order pursuant to this rule or the acceptance of a resignation from the practice of law, the clerk of the Supreme Court shall mail certified copies of the entry or acceptance to counsel of record, to respondent at the respondent's last known address, to the Office of Disciplinary Counsel, to the certified grievance committee for and the local bar association of the county or counties in which the respondent resides and maintains an office and the county or counties from which the complaint arose, to the Ohio State Bar Association, to the administrative judge of the court of common pleas for each county in which the respondent resides or maintains an office, and to the chief judges of the United States District Courts in Ohio, the United States Court of Appeals for the Sixth Circuit, to the disciplinary authority of any other jurisdiction in which the respondent is known to be admitted, and to the Supreme Court of the United States.(2) Except as provided in Section 15 of this rule, the Supreme Court Reporter shall publish any disciplinary order or acceptance of a resignation from the practice of law entered by the Supreme Court under this rule in the Ohio Official Reports. The publication shall include the citation of the case in which the disciplinary order or the acceptance of a resignation was issued.Amended September 9, 2020, effective 11/1/2020.