2012 Ohio 1590
Ohio2012Background
- Disciplinary Counsel sought reinstatement for Rebecca S. Blair after a two-year suspension, with 18 months stayed subject to compliance with ALAP and additional CLE requirements.
- The Ohio Supreme Court’s February 24, 2011 order suspended Blair for 2 years with 18 months stayed and placed her on probation for the stayed period, conditional on ALAP participation and CLE in law-office management.
- The court found Blair substantially complied with the 2011 order and with Gov.Bar R. V(10)(A).
- The court stayed the final 18 months of Blair’s suspension, reinstated her to practice, and placed her on 18-month probation under Gov.Bar R. V(9).
- The court ordered the relator to designate a monitor, and required reporting on Blair’s probation compliance and potential termination, with publication and costs assigned to Blair.
- The order recites conditions for termination of probation, including compliance with Gov.Bar R. V(9)(D) and other court orders, and reporting to the clerk prior to termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Blair substantially complied with the reinstatement order. | Disciplinary Counsel contends substantial compliance warranted ongoing probation. | Blair argues she met the requirements. | Yes, Blair substantially complied. |
| Whether reinstatement with probation is proper given prior suspension. | Disciplinary Counsel argues probation conditions are appropriate. | Blair argues standards met justify reinstatement. | Yes, reinstatement with 18-month probation appropriate. |
| Whether monitor appointment and reporting comply with Gov.Bar R. V(9). | Counsel must appoint monitor and require regular reports. | Blair must adhere to monitoring and reporting obligations. | Monitor to be appointed; probation reports to be filed. |
| What are termination conditions for probation? | Termination only after full compliance with all orders and rules. | Blair must meet specified steps and court orders before termination. | Termination conditioned on compliance with Gov.Bar R. V(9) procedures and court orders. |
Key Cases Cited
- Disciplinary Counsel v. Blair, 128 Ohio St.3d 384 (2011-Ohio-767) (reinstatement standards and prior discipline context)
