Ohio Gov. Bar. R. 1

As amended through October 15, 2024

Section 1 - Board on the Unauthorized Practice of Law of the Supreme Court

(A)Creation

There is hereby created by the Supreme Court the Board on the Unauthorized Practice of Law.

(B)Appointments

The Board consists of the following thirteen commissioners appointed by the Chief Justice and Justices of the Court.

(1) Nine attorneys admitted to the practice of law in Ohio and registered for active status;

(2) Four persons not admitted to the practice of law in any state.

(C)Composition

Board membership should be broad-based and multi-disciplinary to represent a crosssection of interests related to governmental advisory bodies and reflect the diverse population of the state with respect to race, ethnicity, gender, and geography.

(D)Terms and reappointment

The term of office of each commissioner shall be three years. A commissioner whose term has expired and who has an uncompleted assignment as a commissioner shall continue to serve for the purpose of that assignment until the assignment is concluded before the Board, and the successor commissioner shall take no part in the proceedings of the Board concerning the assignment. No commissioner shall be appointed for more than three consecutive three-year terms. A commissioner is eligible for reappointment, but shall not serve more than three consecutive full terms. A commissioner is eligible for reappointment after serving three consecutive full terms, but only upon at least a one-year break in service.

(E)Filling of vacancies

Vacancies shall be filed in the same manner as original appointments. A commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed holds office for the remainder of that term. A commissioner appointed to a term of fewer than three years may be reappointed to not more than three full terms.

(F)Change of position, employment, affiliation, or status

Each commissioner member appointed because of the member's attorney status ceases to be a commissioner at such time the member no longer holds that status.

(G)Chairperson and vice-chairperson

(1) At the first meeting each year of the Board, the members of the Board shall elect one attorney commissioner as chair chairperson and one attorney commissioner as vice-chairperson. The term of a chairperson and vice-chairperson is one year. A chairperson and vice-chairperson shall not serve more than two consecutive full terms.

(2) The chairperson, vice-chairperson, or the secretary may execute entries and administrative documents on behalf of the Board and panels of the Board. The secretary may execute any other documents at the direction of the chairperson or vice-chairperson. In the absence of the chairperson, the vice-chairperson shall perform the duties of the chairperson.

(H)Secretary

(1) The Administrative Director of the Court shall assign a Court employee to serve as the secretary of the Board. The secretary assists the Board as necessary in the implementation of its work, but at all times is considered an employee of the Supreme Court. The secretary shall be an attorney admitted to the practice of law in Ohio.

(2) The secretary shall have the following responsibilities:

(a) Oversee administration and fiscal operations of the Board;

(b) Schedule all meetings of the Board and its committees and all hearings of Board panels;

(c) Maintain a docket of each formal complaint and of all proceedings on each formal complaint, which shall be retained permanently as a part of the records of the Board;

(d) Prepare and execute entries on behalf of the Board and its hearing panels and execute entries for extensions of time where appropriate;

(e) Issue subpoenas pursuant to Section 2(C) of this rule;

(f) Maintain the records for the receipt and expenditure of money, and prepare financial reports and budgets as required by the Supreme Court Rules for the Government of the Bar of Ohio;

(g) Assist the Board in preparing advisory opinions pursuant to Section 2(F) of this rule;

(h) Take any other action consistent with the secretary's position.

(I)Execution of documents

The chairperson, vice-chairperson, or the secretary may execute administrative documents on behalf of the Board. The secretary may execute any other documents at the direction of the chairperson or vice-chairperson.

(J)Meetings

(1) The Board may meet in person or by telephone or other electronic means available to the Court.

(2) The Board shall meet as often as required to complete its work, provided the Board shall meet a minimum of three times per year. The Board may meet at the call of the chairperson or at the request of a majority of the Board members.

(3) All Board meetings shall be scheduled for a time and place so as to minimize costs to the Court and to be accessible to commissioners and Court staff.

(K)Commissioner attendance

(1) For a fully effective commission, a commissioner shall make a good faith effort to attend, in person, each Board meeting.

(2) A commissioner who is unable to attend a meeting due to an unavoidable conflict may request the chairperson allow the member to participate by telephone or other electronic means available to the Court. A commissioner participating in this manner is considered present for meeting attendance, quorum, and voting purposes.

(3) A commissioner may not designate a replacement for participation in or voting at meetings.

(4) The secretary for the Board shall notify the Chief Justice and the Administrative Director of the Court if a commissioner misses three meetings of the Board within a twelve-month period. Upon such notice, the Administrative Director shall inform the Justices of the Court in order that the Justices may consider the replacement of the commissioner.

(L)Minutes

Minutes shall be kept at every Board meeting and distributed to the commissioners for review prior to and approval at the next meeting.

(M)Quorum

A quorum exists when a majority of commissioners is present for the meeting, including those members participating by telephone or other electronic means.

(N)Actions

At any commission meeting at which a quorum is present, the Board members may take action by affirmative vote of a majority of the members in attendance.

(O)Subcommittees

(1) The Board may form such subcommittees it believes necessary to complete the work of the Board. A subcommittee should consist of select commissioners and other persons who the chairperson believes will assist in a full exploration of the issue under the review of the subcommittee.

(2) A subcommittee should remain relatively small in size and have a ratio of commission members to non-commission members not exceeding one to three.

(3) Divisions (H); (J)(1) and (3); (K)(2) and (3); (M); (N); (P); (Q); (R); and (U) of this section apply to the work and non-commissioners of a subcommittee.

(P)Code of ethics

A commissioner shall comply with the requirements of the Court's "Code of Ethics for Court Appointees." The secretary for the Board shall provide each commissioner with a copy of the code following the commissioner's appointment to the Board and thereafter at the first meeting each year of the Board.

(Q)Confidentiality

No commissioner shall disclose to any person any non-public proceedings, documents, or deliberations of the Board, a panel of the Board, or a Board committee. This rule shall not apply to an individual commissioner's personal opinion relating to matters of staffing or operational issues, which, at the commissioner's option, may be discussed with a justice upon the justice's request. Prior to taking office, each commissioner shall confirm in writing that he or she will abide by these rules.

(R)Work product

The work product of the Board is the property of the Court.

(S)Budget

The budget of the Board is set by the Court through its internal budget process and as implemented by the Office of Attorney Services. The Board has no authority to set its own budget.

(T)Compensation

A commissioner serves without compensation.

(U)Reimbursement of expenses

Commissioners shall be reimbursed for reasonable and ordinary expenses incurred service to the board as permitted by the Court's Guidelines for Travel by Court Appointees. A commissioner shall not be entitled to compensation beyond reasonable and ordinary expenses. Reimbursement shall be paid from the Attorney Services Fund.

Ohio. Gov. Bar. R. 1

Amended April 27, 2021, effective 7/1/2021; amended October 15, 2024, effective 10/15/2024.