Section 12 - Proceedings Before the Board on Certified Complaints(A) Manner of Discipline. Any judicial officer or attorney found guilty of misconduct shall be disciplined as follows: (1) Disbarment from the practice of law;(2) Suspension from the practice of law for an indefinite period subject to reinstatement as provided in Section 25 of this rule;(3) Suspension from the practice of law for a period of six months to two years subject to a stay in whole or in part;(4) Probation for a period of time upon conditions as the Supreme Court determines, but only in conjunction with a suspension ordered pursuant to division (A)(3) of this section;(B) Disbarment or Resignation. A person who is disbarred, who has resigned with discipline pending, or, who has retired from the practice of law on or after September 1, 2007 shall not be readmitted to the practice of law in Ohio.(C) Appointment of Hearing Panel. After the respondent has filed an answer or the time for filing an answer has elapsed, the director shall appoint a hearing panel consisting of three commissioners chosen by lot from commissioners who did not serve on the probable cause panel. The director shall designate one attorney or judge commissioner to serve as chair of the panel. No member of the hearing panel shall be a resident of the appellate district from which the complaint originated. Not more than one nonattorney shall serve on any hearing panel. A majority of the panel shall constitute a quorum. The panel chair shall rule on all motions and interlocutory matters. No ruling by the panel chair on a motion or interlocutory matter may be appealed other than in response to a show cause order issued by the Supreme Court.(D)Notice to Respondent upon Filing of the Complaint. The director of the Board shall send a copy of the complaint by electronic service address or certified mail to the respondent with a notice requiring the respondent to file, within twenty days after the mailing of the notice, the respondent's answer and serve copies of the answer on counsel of record named in the complaint. Extensions of time for the filing of the answer may be granted by the director for good cause shown.(E) Amendments to the Complaint. The relator may file an amended complaint, without filing a motion for leave to amend, prior to the filing of an answer by the respondent. After an answer has been filed, the relator may file an amended complaint only upon leave of the panel chair or the written consent of the respondent. The panel chair may grant the motion for leave to amend for good cause shown. The amended complaint shall be filed and served as set forth in this rule. The amended complaint shall not be subject to probable cause review.(F) Hearing. Upon reasonable notice and at a time and location set by the panel chair pursuant to the regulations of the Board, the panel shall hold a formal hearing on the complaint. Requests for continuances may be granted by the panel chair for good cause shown. All hearings shall be recorded by a court reporter provided by the Board and a transcript filed with the director.(G) Authority of Hearing Panel; Dismissal. If, at the end of the evidence presented by the relator or of all evidence, a unanimous hearing panel finds that the evidence is insufficient to support a charge or count of misconduct, the panel may order on the record or in its report that the complaint or count be dismissed. If a unanimous hearing panel dismisses a complaint in its entirety, the director shall send a dismissal entry to the relator, respondent, and all counsel of record.(H) Referral by Panel. In the alternative, if the hearing panel determines that findings of fact and recommendations for dismissal should be referred to the Board for review and action by the full Board, the panel may submit its findings of fact to the Board and may recommend dismissal in the same manner as provided in this rule with respect to public reprimand, probation, suspension, or disbarment. If the Board dismisses a complaint in its entirety, the director shall send a dismissal entry to relator, respondent, and counsel of record.(I) Public Reprimand, Probation, Suspension, or Disbarment; Duty of Hearing Panel. If the hearing panel determines, by clear and convincing evidence, that respondent is guilty of misconduct and that a public reprimand, suspension for a period of six months to two years, probation, suspension for an indefinite period, or disbarment is merited, the hearing panel shall submit a report of its findings of fact, conclusions of law, and recommended sanction to the director. If applicable, the panel shall include in its report any conditions of probation, a stayed suspension, or reinstatement to the practice of law. Such conditions may include a requirement that the respondent or petitioner take and receive a passing score on the Multistate Professional Responsibility Examination.(J) Review by Entire Board. After review, the Board may refer the matter to the hearing panel for further hearing, order a further hearing before the Board, or proceed on the report of the prior proceedings before the hearing panel. After the final review, the Board may dismiss the complaint or find that the respondent is guilty of misconduct. If the complaint is dismissed, the dismissal shall be reported to the director of the Board, who shall notify the same persons and organizations that would have received notice if the complaint had been dismissed by the hearing panel.(K) Public Reprimand; Probation, Suspension, or Disbarment; Duty of Board after Review. If the Board determines that a public reprimand, suspension for a period of six months to two years, probation, suspension for an indefinite period, or disbarment is merited, the Board shall file a certified report of its proceedings, including its findings of fact, conclusions of law, and recommended sanction, with the clerk of the Supreme Court. The report shall include the record of proceedings before the Board, a transcript of testimony taken, if any, and an itemized statement of the actual and necessary expenses incurred in connection with the proceedings. The Board forthwith shall notify the respondent and all counsel of record of the action, enclosing with the notice a copy of the Board's report and a copy of the statement of the actual and necessary expenses incurred.Amended September 9, 2020, effective 11/1/2020.