Section 8 - Emeritus Pro Bono Attorney Registration(A)Definition As used in this section:
(1) "Pro bono organization" means a law school clinic, legal aid, public defender's office, or legal services organization listed in or recognized pursuant to Gov.Bar R. X, Section 5(G). (2) "Supervising attorney" means an attorney who satisfies all of the following requirements: (a) Is admitted to the practice of law in Ohio pursuant to Gov.Bar R. I or is temporarily certified to practice law in Ohio pursuant to Gov.Bar R. IX;(b) Is in good standing in each jurisdiction in which the attorney is admitted to the practice of law; (c) Is employed by or associated with a pro bono organization.(B)Eligibility An attorney who satisfies all of the following requirements may register for emeritus pro bono attorney status pursuant to Section 8(C) of this rule:
(1) Is admitted to the practice of law in Ohio;(2) Has been engaged in the practice of law, as defined in Gov.Bar R. I, Section 10(B), for a minimum of fifteen years; (3) Is in good standing with the Supreme Court; (4) Has not resigned from the practice of law in Ohio, resigned from the practice of law in Ohio with discipline pending, or permanently retired from the practice of law in Ohio; (5) Has not voluntarily or involuntarily relinquished the attorney's license to practice law in another jurisdiction in order to avoid discipline or as a result of discipline imposed by a relevant authority;(6) Has not been disciplined for professional misconduct within the past ten years or been disbarred by another jurisdiction.(C)Registration application(1) An attorney registering for emeritus pro bono attorney status shall file an application with the Office of Attorney Services of the Supreme Court. The application shall be on a form provided by the office and shall include all of the following: (a) Certification the attorney satisfies the requirements of Section 8(B) of this rule; (b) Certification from a pro bono organization verifying the attorney is associated with the organization; (c) Any other information considered necessary or appropriate by the Office of Attorney Services; (d) A non-refundable and non-transferable fee of seventy-five dollars.(2) The Office of Attorney Services shall grant the attorney emeritus pro bono attorney status if the attorney satisfies the requirements of Sections 8(B) and (C)(1) of this rule.(D)Scope of authority (1) An emeritus pro bono attorney, in association with the pro bono organization with which the attorney is associated, may do any of the following: (a) Appear before any court or administrative board or agency on behalf of a client of the organization, provided the person on whose behalf the attorney is appearing has consented in writing and the attorney's supervising attorney has given written approval for the representation. The written consent and approval shall be filed in the record of each matter and shall be brought to the attention of a judge of the court or the presiding officer of the administrative tribunal. (b) Provide routine legal services without the supervision of the attorney's supervising attorney with the approval of the organization, in its sole discretion;(c) Engage in activities necessary for any legal matter in which the attorney is involved pursuant to Section 8(D)(1)(a) and (b) of this rule. (2) The pro bono organization supervising an emeritus pro bono attorney pursuant to Section 8(D)(1) of this rule shall provide professional liability insurance coverage for the attorney. (E)Continuing legal education An emeritus pro bono attorney shall comply with the continuing legal education requirements for attorneys on active status pursuant to Gov.Bar R. X, Section 3.
(F)Compensation (1) Subject to Section 8(F)(2) and (3) of this rule, an emeritus pro bono attorney shall not ask for or receive any compensation or remuneration of any kind for legal services rendered pursuant to Section 8 of this rule. (2) A pro bono organization may receive attorney fees for services rendered by an emeritus pro bono attorney consistent with the Ohio Rules of Professional Conduct and as provided by law. (3) A pro bono organization may reimburse an emeritus pro bono attorney for expenses incurred in connection with services rendered. (G)Biennial registration An emeritus pro bono attorney shall register with the Office of Attorney Services on or before the first day of September in each odd-numbered year by completing the registration process established by the office and paying a registration fee of seventy-five dollars.
(H)Change in pro bono organization association (1) An emeritus pro bono attorney who ends an association with a pro bono organization or establishes an association with a new pro bono organization shall notify the Office of Attorney Services, in a manner authorized by the office, within thirty days of the change.(2) If an emeritus pro bono attorney ends an association with a pro bono organization, the attorney's supervising attorney shall immediately file a notice of such in the official file of each matter pending before a court or tribunal in which the emeritus pro bono attorney entered an appearance. (I)Duration of emeritus pro bono attorney status(1) Unless revoked earlier pursuant to Section 8(I)(2) of this rule, the emeritus pro bono attorney status shall automatically expire upon the occurrence of any of the following: (a) The attorney provides notice to the Office of Attorney Services, in a manner authorized by the office, that the attorney is withdrawing from emeritus pro bono attorney status; (b) The attorney ceases to be associated with any pro bono organization on record with the Office of Attorney Services; (c) The attorney obtains active attorney status pursuant to Section 2 of this rule or inactive attorney status pursuant to Section 5 of this rule. (2) The Supreme Court, sua sponte, may revoke an emeritus pro bono attorney status without hearing or statement of cause by providing written notification to the attorney, the attorney's supervising attorney, and the pro bono organization with which the attorney is associated. (3) Upon expiration or revocation of an emeritus pro bono attorney's registration pursuant to Section 8(I)(1) or (2) of this rule, each of the following shall occur: (a) The attorney's supervising attorney shall immediately file a notice of such in the official file of each matter pending before a court or tribunal in which the emeritus pro bono attorney entered an appearance; (b) The attorney shall file for either active attorney status pursuant to Section 2 of this rule or inactive attorney status pursuant to Section 5 of this rule.(J)Active attorney registration fee An emeritus pro bono attorney who requests and is granted reinstatement of active status pursuant to Section 2 of this rule during a biennial registration period shall pay a registration fee. Beginning with the 2023 to 2025 registration biennium, the registration fee shall be three hundred and twenty five dollars. Beginning with the 2025 to 2027 registration biennium and in each subsequent biennium, the registration fee shall be three hundred and seventy-five dollars.
Added effective 9/15/2016; amended April 4, 2020, effective 6/1/2020; amended July 12, 2022, effective 1/1/2023; amended February 9, 2023, effective 7/1/2023.