Section 4 - Grievances Against Supreme Court Justices(A)Initial review.(1) Upon receipt of a grievance from disciplinary counsel, the Chief Justice of the Courts of Appeals shall select, by lot, a three-member review panel from among the judges designated pursuant to division (A)(3) of this section. The review panel shall contact the justice named in the grievance for a written response within fourteen days to the allegations contained in the grievance. Upon request, the review panel may grant a reasonable extension of time for the justice to provide a response.(2) Upon receipt of the response, or if no response is received, the review panel shall review the grievance and any response to determine whether good cause exists for further investigation of the grievance. Within thirty days of the receipt of the response or expiration of the fourteen-day response time if no response is received, the review panel shall report its determination in writing to the Chief Justice of the Court of Appeals. Upon request of the review panel and for good cause shown, the Chief Justice of the Court of Appeals may extend the time for reporting its determination. If the review panel determines that good cause does not exist for further investigation, the Chief Justice of the Court of Appeals shall notify the justice named in the grievance and the grievant of the determination and of the dismissal of the grievance.(3) In January each year, the administrative judge of each appellate district shall designate the appellate judge senior in service and one additional appellate judge from the district, neither of whom shall be the presiding judge of that district or the Chief Justice of the Court of Appeals, to be eligible for service on a review panel pursuant to division (A)(1) of this section. The administrative judge shall advise the Chief Justice of the Court of Appeals, in writing, of the designation. Appointments shall be for a calendar year, and a judge may be reappointed to subsequent terms on the review panels.(B) Appointment of special disciplinary counsel; time limits.(1)(a)(i) If the review panel determines that good cause exists for further investigation, the Chief Justice of the Court of Appeals shall appoint a special disciplinary counsel to conduct further investigation of the allegations contained in the grievance and any other misconduct discovered during the course of investigating the grievance. The special disciplinary counsel shall possess the qualifications set forth in division (B)(3)(a) of this section and shall be appointed from the list maintained by disciplinary counsel pursuant to division (B)(3)(c) of this section.(ii) When appointing a special disciplinary counsel, the Chief Justice of the Court of Appeals may communicate with the prior Chief Justice of the Court of Appeals to determine whether special disciplinary counsel has been appointed to investigate another grievance against the same justice. If special disciplinary counsel has been appointed, the Chief Justice of the Court of Appeals may appoint the same special counsel to investigate the new grievance.(b) The investigation of a grievance by special disciplinary counsel shall be concluded within sixty days from the date the grievance is transmitted to special disciplinary counsel, and a decision on disposition of the grievance shall be made within thirty days after the conclusion of the investigation. The Chief Justice of the Court of Appeals may extend the time to complete an investigation, not to exceed one hundred fifty days in total, in the event of pending litigation or appeals, an unusually complex investigation, including the investigation of multiple grievances, time delays in obtaining evidence or testimony of witnesses, or for other good cause shown. No investigation shall extend more than one hundred fifty days from the date the grievance is transmitted to special disciplinary counsel.(c) The time limits set forth in this rule are not jurisdictional. No investigation or complaint shall be dismissed unless it appears that there has been an unreasonable delay and that the rights of the respondent to a fair hearing have been violated. An investigation that extends beyond one hundred fifty days from the date the grievance is transmitted to special disciplinary counsel is prima facie evidence of unreasonable delay.(2)(a) Upon completion of the investigation, special disciplinary counsel shall either report to the Chief Justice of the Court of Appeals that the grievance should be dismissed or prepare and file a formal complaint with the Chief Justice of the Court of Appeals, in the name of special disciplinary counsel as relator, alleging that substantial, credible evidence exists to believe that the justice named in the grievance engaged in misconduct. The complaint shall be submitted with investigatory materials sufficient to demonstrate the existence of substantial, credible evidence to support the allegations of the complaint. The materials shall include any response filed by or on behalf of the respondent and may include other reports, summaries, depositions, statements, exhibits, or any other relevant material. (b) If the special disciplinary counsel recommends the grievance be dismissed, the Chief Justice of the Court of Appeals shall notify the grievant and the justice named in the grievance of such determination in writing. (c) Unless the justice against whom the grievance has been filed agrees otherwise, the matter shall remain private unless and until a formal complaint is filed. Nothing shall prohibit a special disciplinary counsel from communicating with another special disciplinary counsel who has been appointed to investigate a grievance against the same justice.(3)(a) The special disciplinary counsel shall be an attorney admitted to the practice of law in Ohio, or an attorney licensed and in good standing in any other state and admitted pro hac vice by the Chief Justice of the Court of Appeals. The special disciplinary counsel shall not be an employee or appointee of the Supreme Court or have any interest in a case pending before the Supreme Court while serving as the special disciplinary counsel. The special disciplinary counsel shall have the power to issue subpoenas and cause testimony to be taken under oath. (b) The special disciplinary counsel shall be paid expenses and reasonable compensation, upon approval of the Chief Justice of the Court of Appeals, from the Attorney Services Fund. The rate and method of compensation, including the payment of compensation while the investigation is ongoing, shall be established by the Chief Justice of the Court of Appeals in the appointment letter or order. The Chief Justice of the Court of Appeals may authorize the special disciplinary counsel to employ support staff as necessary to assist in the investigation and any subsequent proceedings and may authorize payment of fees, compensation, and expenses from the Fund.(c) Disciplinary counsel shall maintain and provide to the Chief Justice of the Court of Appeals in January each year a list of attorneys who satisfy the qualifications for appointment as special disciplinary counsel and who are otherwise available to accept such appointment. Disciplinary counsel may supplement the list with additional special disciplinary counsel, as necessary.(C) Proceedings on the formal complaint; probable cause review; appointment of hearing panel.(1) Upon receipt of a formal complaint filed by the special disciplinary counsel, the Chief Justice of the Court of Appeals shall appoint a probable cause panel, unless the justice named in the complaint has executed a written waiver of an independent probable cause determination. The probable cause panel shall consist of three former commissioners of the Board of Professional Conduct, none of whom was appointed or reappointed to the Board by the justice named in the complaint. Upon review solely of the complaint and the investigatory materials submitted pursuant to division (B)(2)(a) of this section, the probable cause panel shall make an independent determination whether probable cause exists for the filing of the complaint. Within thirty days of the appointment of the probable cause panel, the panel shall issue an order to the Chief certifying the complaint, in whole or in part, or dismissing the complaint and investigation in its entirety. (2) If the order dismisses the complaint and investigation in its entirety, the Chief Justice of the Court of Appeals shall notify the grievant, justice, and special disciplinary counsel. If the order certifies the complaint in part, the Chief Justice of the Court of Appeals shall provide a copy of the order to the special disciplinary counsel with instructions to prepare and file a new complaint that conforms to the determination of the probable cause panel. If the order certifies the complaint in its entirety, or upon receipt of a new complaint prepared as a result of a partial certification of the probable cause panel, the Chief Justice of the Court of Appeals shall do both of the following: (a) Appoint a hearing panel of three fulltime trial court judges selected, by lot, from the list of judges developed and maintained pursuant to division (C)(6) of this section. The judges chosen shall be from separate appellate districts and shall not be from the district in which the respondent resides. The Chief Justice of the Court of Appeals shall designate one of the judges to serve as the chair of the hearing panel.(b) Immediately forward the formal complaint to the director of the Board of Professional Conduct, who shall send a copy of the formal complaint by electronic service address or certified mail to the respondent. The complaint shall be accompanied by a notice requiring the respondent to file, within twenty days after the mailing of the complaint, six copies of the respondent's answer and serve copies of the answer on special disciplinary counsel and the Chief Justice of the Court of Appeals. For good cause shown, the Chief Justice of the Court of Appeals may grant an extension of time to file the answer.(3) With reasonable notice to the parties, the hearing panel shall hold a hearing on the complaint. The hearing panel chair may grant requests for continuances for good cause shown. All hearings shall be recorded by a court reporter and a transcript included in the record of the proceedings. (4) If at the end of the evidence presented by the relator, a unanimous hearing panel finds that the evidence is insufficient to support a charge or count of misconduct or a finding of disability, e panel may order the complaint or count be dismissed. If at the end of all evidence, a majority of the hearing panel finds that the evidence is insufficient to support a charge or count of misconduct, the panel may order the complaint or count be dismissed. The hearing panel chair shall give written notice of the action taken to the director who shall notify the Chief Justice of the Court of Appeals, relator, and respondent. There shall be no appeal from an order dismissing the complaint or count of misconduc(5) If a majority of the hearing panel determines, by clear and convincing evidence, that the respondent is guilty of misconduct and a disciplinary sanction is merited or that the respondent has a mental or physical disability that makes the respondent unable to discharge the duties of office, the hearing panel shall file a certified report of the proceedings, its findings of fact, conclusions of law and recommended sanction with the director. The report shall include the transcript of testimony taken and an itemized statement of the actual and necessary expenses incurred in connection with the proceedings. The director shall send a copy of the hearing panel's report and recommendations to the Chief Justice of the Court of Appeals and serve a copy of the report and recommendations, by electronic service address or certified mail, on the relator and respondent. At the conclusion of all proceedings before the hearing panel, the director shall file the record of such proceedings with the Clerk of the Supreme Court as provided in division (E)(1) of this section.(6) In January each year, the administrative judge of each appellate district shall designate two fulltime trial judges from within the appellate district to be eligible to serve on a hearing panel appointed pursuant to division (C)(1)(2)(a) of this section. In selecting the trial judges who shall be eligible for appointment to hearing panels, the administrative judge shall consider legal and judicial experience, gender, race, ethnicity, and other relevant factors. Before designating a judge as eligible for selection to serve on a hearing panel, the administrative judge shall contact the judge to determine the judge's availability for potential service. The administrae judge shall advise the Chief Justice of the Court of Appeals, in writing, of the designations.(D) Appointment of adjudicatory panel; proceedings before the panel.(1) Upon receipt of the hearing panel's report and recommendations, the Chief Justice of the Court of Appeals shall convene an adjudicatory panel of thirteen appellate judges to review the report and recommendations. The adjudicatory panel shall consist of the Chief Justice of the Court of Appeals, who shall serve as chair of the panel, and the presiding judge of each appellate district. If a presiding judge of an appellate district is unavailable to serve on the adjudicatory panel, the appellate judge of the district who is senior in service on the court of appeals shall replace the presiding judge.(2) The adjudicatory panel shall issue the respondent an order to show cause why the report and recommendation of the hearing panel shall not be confirmed and a disciplinary order entered. The Clerk shall serve notice of the show cause order by electronic service address or certified mail on relator and respondent.(3) Within twenty days after issuance of the show cause order, the respondent or relator may file objections to the report or recommendations of the hearing panel with the Clerk. 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. Twelve copies of the objections and brief in support shall be filed. Answer briefs and proof of service shall be filed within fifteen days after briefs in support of objections have been filed. Twelve copies of the answer briefs shall be filed. (4) If objections are filed, the adjudicatory panel shall promptly schedule oral argument on objections. After the hearing on objections, or if no objections are filed, the adjudicatory panel shall issue an order as it finds proper. Unless otherwise ordered, any disciplinary order or order related to the respondent's mental or physical disability shall be effective on the date the order is announced. The order may provide for reimbursement to the Attorney Services Fund of costs and expenses incurred by special disciplinary counsel, the panels appointed pursuant to this section, or the director.(5) The Clerk shall mail certified copies of the order to the parties. The Supreme Court Reporter shall publish the disciplinary order in the Ohio Official Reports.(E) Miscellaneous provisions.(1) Upon the filing of a formal complaint, the director of the Board of Professional Conduct shall serve as clerk for the Chief Justice of the Court of Appeals and the hearing panel. The relator and respondent shall file all pleadings, motions, documents, and other material with the director, who shall transmit the documents and materials to the Chief Justice of the Court of Appeals and the appropriate panel. The Chief Justice of the Court of Appeals and panels shall transmit all orders, opinions, and other materials to the director for service on or distribution to the parties. The director shall maintain a complete record of the proceedings and, upon conclusion of the proceedings before the hearing panel, certify the record, including exhibits, to the Clerk of the Supreme Court who shall maintain the certified record. The Clerk shall serve as clerk for any adjudicatory panel appointed pursuant to division (D) of this section, and all proceedings before the adjudicatory panel shall be conducted as provided in this section and the Rules of Practice of the Supreme Court of Ohio. Upon request, the director and Clerk shall assist the Chief Justice of the Court of Appeals, hearing panel, and adjudicatory panel with ministerial matters such as scheduling a location for hearings and securing a court reporter.(2) Any matter, a procedure for which is not specifically set forth in this rule, shall be handled in the manner set forth in Gov. Bar. R. V.(3) If a judge selected to serve on any panel appointed pursuant to Section 4 of this rule is unable to serve because of the existence of a disqualifying factor, the judge shall notify the Chief Justice of the Court of Appeals and provide written justification of the grounds for disqualification. (4) The Chief Justice of the Court of Appeals and any judge appointed to serve in any capacity pursuant to Section 4 of this rule shall continue to serve in the appointed capacity until the conclusion of the matter as long as the judge continues to hold judicial office. If the Chief Justice of the Court of Appeals leaves judicial office while a matter commenced under this rule during the Chief Justice of the Court of Appeal's tenure remains pending, the successor Chief Justice of the Court of Appeals shall assume responsibility for that matter. If a judge appointed to serve in any capacity under this rule leaves judicial office while a matter to which the judge was assigned under this rule remains pending, the Chief Justice of the Court of Appeals shall designate a judge to replace the former judge in the same manner as the original appointment was made. (5) A party may allege the existence of bias, prejudice, or other disqualifying factor on the part of a judge appointed to serve on a panel pursuant to Section 4 of this rule by filing a timely motion with the Chief Justice of the Court of Appeals. If the Chief Justice of the Court of Appeals finds the existence of bias, prejudice, or other disqualifying factor, the judge named in the motion shall be disqualified, and the Chief Justice of the Court of Appeals shall designate a judge to replace the disqualified judge in the same manner as the original appointment was made.(6) Any judge selected to serve on any panel appointed pursuant to Section 4 of this rule shall be reimbursed from the Attorney Services Fund for travel expenses incurred in association with the judge's service on the panel. Reimbursement for travel expenses shall be made as provided in the Supreme Court Guidelines for Travel by Court Appointees. A judge shall request reimbursement by submitting a signed Travel Expense Report form and required receipts to the Chief Justice of the Court of Appeals. The Chief Justice of the Court of Appeals shall indicate approval of the reimbursement request and submit the approved form to the Administrative Director of the Supreme Court.(7)(a) The Chief Justice of the Court of Appeals, any former commissioner of the Board of Professional Conduct, or any judge appointed to serve on a panel pursuant to Section 4 of this rule may contact the director of the Board of Professional Conduct for procedural guidance relative to responsibilities set forth in this rule. Special disciplinary counsel may contact disciplinary counsel for procedural guidance relative to responsibilities set forth in this rule.(b) To assist in the execution of these responsibilities, the director and disciplinary counsel shall prepare and make available education materials that provide general procedural guidance to the individuals identified in division (E)(7)(a) of this section. The education materials may include written guidance, sample correspondence, orders, and entries, and information regarding the retention of records pursuant to Section 8 of this rule. Amended effective 7/1/2014;8/11/2015; amended September 9, 2020, effective 11/1/2020; amended February 9, 2023, effective 4/1/2023.