Cincinnati Bar Assn. v. Hardy

131 Ohio St. 3d 1227, 2012-Ohio-1591 (Ohio 2012) · Supreme Court of Ohio · March 30, 2012 · No. 2012-0029

Summary

The Supreme Court of Ohio granted the Cincinnati Bar Association’s motion to hold Kathleen Suzanne Hardy in contempt for failing to appear as ordered and to comply with a master commissioner’s order requiring a psychiatric examination. The court suspended Hardy from practicing law until she provides proof of compliance and imposed related restrictions, continuing legal education requirements, and notification and filing obligations.

Court
Supreme Court of Ohio
Writing for the Court
Maureen O'Connor, C.J.; Paul E. Pfeifer, J.; Eve Stratton, J.; Terrence O'Donnell, J.; Lanzinger, J.; William M. Cupp, J.; McGee Brown, J.
Jurisdiction
Ohio
Decision date
March 30, 2012
Docket number
2012-0029
Procedural posture
The Cincinnati Bar Association moved to hold respondent Kathleen Suzanne Hardy in contempt for failing to obey an order of a Master Commissioner of the Ohio Board of Commissioners on Grievances and Discipline. The Supreme Court of Ohio had ordered Hardy to appear, but she failed to appear as directed.
Precedential value
Published Ohio Supreme Court opinion
Disposition
other

Topics

contemptadministrative lawappellate procedurecivil procedure

Practice areas

attorney disciplinelegal ethicscontempt

Questions Presented

  1. Whether respondent should be held in contempt for failing to obey the Master Commissioner's order and the Supreme Court of Ohio's order to appear.
  2. What sanctions and conditions should apply upon a finding of contempt.

Holdings

  1. Hardy was found in contempt for failing to obey the Master Commissioner's order requiring her to undergo a psychiatric examination and for failing to appear as ordered by the Supreme Court of Ohio.
  2. Hardy was suspended from the practice of law in Ohio until she filed proof that she had complied with the Master Commissioner's order to undergo a psychiatric examination.

Key quotations

Respondent is hereby suspended from the practice of law in Ohio until proof is filed with this court that respondent has complied with the master commissioner’s order to undergo a psychiatric examination. ({¶ 2})

Factual background

Hardy failed to obey a Master Commissioner's order requiring her to undergo a psychiatric examination. The Supreme Court of Ohio ordered her to appear on March 21, 2012, in connection with the contempt motion, but she did not appear.

Procedural history

A Master Commissioner ordered Hardy to undergo a psychiatric examination. After Hardy failed to comply, the Cincinnati Bar Association moved for contempt. The Supreme Court of Ohio granted the motion, found Hardy in contempt, and suspended her from the practice of law until she proved compliance with the commissioner's order.

Court Document

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