As amended through October 15, 2024
Section 2 - Supreme Court Commission on Certification of Attorneys as Specialists(A)Creation There is hereby created the Supreme Court Commission on Certification of Attorneys as Specialists.(B)Duties and authority(1) The Commission shall approve and regulate organizations that certify attorneys practicing in Ohio as specialists and shall do all of the following: (a) Approve organizations as qualified to certify attorneys as specialists pursuant to the standards set forth in this rule. Organizations approved by the Commission shall be styled "accredited organizations."(b) Review and evaluate the programs of accredited organizations to ensure compliance with this rule;(c) Deny, suspend, or revoke the approval of an accredited organization upon the determination of the Commission the organization has failed to comply with the requirements of this rule;(d) Maintain records of accredited organizations approved by the Commission under Section 3 of this rule;(e) Report to the Disciplinary Counsel or a certified grievance committee any attorney who the Commission believes has violated this rule;(f) Cooperate with other organizations, boards, and organizations engaged in the field of attorney specialization;(g) Enlist the assistance of advisory committees to advise the Commission;(h) Enhance public access to appropriate legal services by informing the general public of the meaning of the certification of an attorney as a specialist;(i) Subject to the approval of the Supreme Court, adopt regulations reasonably needed to implement this rule that are not inconsistent with this rule.(2) The Commission has no independent policy-setting authority.(C)Membership(1) The Commission consists of the following eighteen members appointed by the Chief Justice and Justices of the Supreme Court:(a) Twelve attorneys admitted to the practice of law in Ohio, one from each appellate district. The appellate district of each of the twelve attorneys shall be determined by the location of the attorney's principal office.(b) Three law faculty members from separate Ohio law schools engaged in fulltime legal education;(d) An attorney admitted to the practice of law in Ohio who is certified as a specialist in an area recognized as a specialty by the Court.(2) Each Commission member shall have experience or an interest in attorney specialization.(3) Commission membership should be broad-based and multi-disciplinary to represent a cross section of interests related to attorney specialization and reflect the gender, racial, ethnic, and geographical diversity of the state.(4) The term of a Commission member is three years. A Commission member is eligible for reappointment, but shall not serve more than three consecutive full terms. A Commission member is eligible for reappointment after serving three consecutive full terms, but only upon at least a one-year break in service.(5) Each Commission member appointed because of the member's elected position, official position, employment, organizational affiliation, or other status ceases to be a member at such time the member no longer holds that position, employment, affiliation, or status.(6) Vacancies on the Commission shall be filled in the same manner as original appointments. A Commission member appointed to fill a vacancy occurring prior to the expiration of the term for which the appointee's predecessor was serving holds office for the remainder of the term.(D)Chairperson and vice-chairperson At the first meeting each year of the Commission, the Commission members shall elect a chairperson and vice-chairperson. The term of the chairperson and vice-chairperson is one year. A chairperson and vice-chairperson shall not serve more than six consecutive terms.(E)Secretary The Administrative Director of the Court shall assign a Court employee to serve as secretary to the Commission. The secretary assists the Commission as necessary in the implementation of its work, but at all times is considered an employee of the Court.(F)Meetings(1) The Commission may meet in person or by telephone or other electronic means available to the Court.(2) The Commission shall meet as often as required to complete its work, provided the Commission shall meet a minimum of two times per year. The Commission may meet at the call of the chairperson or at the request of a majority of the Commission members.(3) All Commission meetings shall be scheduled for a time and place so as to minimize costs to the Court and to be accessible to Commission members, Court staff, and the public.(4) Public notice of all Commission meetings shall be provided on the Court's website.(5) All Commission meetings shall be open to the public.(G)Member attendance(1) For a fully effective Commission, a Commission member shall make a good faith effort to attend each Commission meeting at the place, or in the format, as scheduled.(2) A Commission member 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 Commission member participating in this manner is considered present for meeting attendance, quorum, and voting purposes.(3) A Commission member may not designate a replacement for participation in or voting at meetings.(4) The secretary for the Commission shall notify the Chief Justice and the Administrative Director of the Court if a Commission member misses three meetings of the Commission within a twelve-month period. Upon such notice, the Administrative Director shall inform the Justices of the Court in order that the Court may consider the replacement of the Commission member. (H)Minutes Minutes shall be kept at every Commission meeting and distributed to the Commission members for review prior to and approval at the next meeting.(I)Quorum A quorum exists when a majority of the Commission members is present for the meeting, including those members participating by telephone or other electronic means.(J)Actions At any Commission meeting at which a quorum is present, the Commission members may take action by affirmative vote of a majority of the members in attendance.(K)Subcommittees(1) The Commission may form such subcommittees it believes necessary to complete the work of the Commission. A subcommittee should consist of select Commission members 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 (E), (F)(1) and (3), (F)(5), (G)(2), (G)(3), (I), (J), (L), and (N) through (Q) of this section apply to the work and non-Commission members of a subcommittee.(L)Code of ethics A Commission member shall comply with the requirements of the Court's "Code of Ethics for Court Appointees." The secretary for the Commission shall provide each Commission member with a copy of the code following the member's appointment to the Commission and thereafter at the first meeting each year of the Commission.(M)Annual report By January 31st of each year, the chairperson of the Commission, with the assistance of the secretary of the Commission, shall prepare a report for the Chief Justice, Justices, and Administrative Director of the Court detailing the activities and accomplishments of the Commission during the previous calendar year, the status of attorney specialization and certification in the state, and the anticipated activities of the Commission during the upcoming calendar year. The secretary shall submit the report to the Administrative Director for distribution to the Chief Justice and Justices and publication on the Court's website. (N)Work Product The work product of the Commission is the property of the Court.(O)Budget The budget of the Commission is set by the Court through its internal budget process and as implemented by the Court office, section, or program through which the Commission operates. The Commission has no authority to set its own budget.(P)Compensation A Commission member serves without compensation.(Q)Reimbursement of Expenses A Commission member shall be reimbursed for reasonable and ordinary expenses incurred in service to the Commission as permitted by the Court's Guidelines for Travel by Court Appointees. A member shall not be entitled to compensation beyond reasonable and ordinary expenses.Amended February 27, 2024, effective 4/15/2024; amended October 15, 2024, effective 10/15/2024.