Section 7 - Miscellaneous Provisions The following provisions apply to proceedings under Sections 5 and 6 of this rule.
(A) Unless the justice, judge, or judicial candidate against whom a grievance has been filed agrees otherwise, the grievance shall remain private until the probable cause panel has made a determination of probable cause. After a determination of probable cause has been made, the grievance, formal complaint, report of the hearing panel, order of the five-judge commission of five judges, record of the proceedings, and all hearings shall be public.(B) If any panel or commission of judges determines that the grievance was frivolous or filed solely for the purpose of obtaining an advantage for a judicial candidate, the panel or commission, in addition to any other order considered proper, may assess against the complainant the costs of the proceeding and any reasonable and necessary attorney fees incurred by the respondent in defending the grievance.(C) In recommending, imposing, or reviewing a sanction for a violation of Canon 4, the panel or commission of judges shall consider any prior violations by the respondent and may increase the severity of the sanction recommended or imposed for the violation pending before the panel or commission.(D) Any sanction imposed by the five-judge commission or adjudicatory panel shall be published by the Supreme Court Reporter in the manner prescribed in Rule V, Section 17 of the Supreme Court Rules for the Government of the Bar of Ohio and noted in the public records maintained by the Supreme Court Office of Attorney Services.(E) The Board may adopt regulations to facilitate and implement the expeditious consideration of grievances and complaints filed under Sections 5 and 6 of this rule. A panel may extend the time requirements contained in Sections 5 and 6 of this rule on its own motion, on agreement of the parties, or on motion of a party for good cause shown. In considering an extension of the time requirements, the panel shall consider all of the following: (1) The immediacy of the alleged violation;(2) The complexity of the complaint;(3) When the parties received notice of the hearing;(4) Whether a weekend or legal holiday intervenes to shorten the applicable time period;
(5) The parties' difficulty in obtaining documentation or witnesses, or both, to prove or defend an allegation.(F) Any judge selected to serve on a commission appointed pursuant to Section 5 of this rule or to a panel or commission appointed pursuant to Section 6 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 or commission. Reimbursement for travel expenses shall be made as provided in the Supreme Court Guidelines for Travel by Court Appointees. A judge appointed to a commission pursuant to Section 5 of this rule shall request reimbursement by submitting a signed Travel Expense Report form and required receipts to the Administrative Director of the Supreme Court. A judge appointed to a panel or commission pursuant to Section 6 of this rule 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.Effective:7/1/1983; amended effective 1/1/1986;10/1/1986;9/1/1987;1/1/1988;1/1/1993;7/1/1995;9/1/1995;1/1/1996;6/1/1997;11/1/1999;1/1/2004;1/1/2010;7/1/2014;8/11/2015; amended February 9, 2023, effective 4/1/2023.