Disciplinary Counsel v. Kerek

137 Ohio St. 3d 1213, 2013-Ohio-4718 (Ohio 2013) · Supreme Court of Ohio · October 28, 2013 · No. 2013-1423

Summary

The Supreme Court of Ohio entered an interim default suspension against Wayne Lewis Kerek after he failed to answer a formal disciplinary complaint. The order immediately prohibited him from practicing law and imposed continuing legal education, client-notification, property-return, reimbursement, and reinstatement requirements.

Court
Supreme Court of Ohio
Writing for the Court
Maureen O'Connor, Chief Justice; Pfeifer, J.; O'Donnell, J.; Lanzinger, J.; Kennedy, J.; French, J.; O'Neill, J.
Jurisdiction
Ohio
Decision date
October 28, 2013
Docket number
2013-1423
Procedural posture
On certification of default by the Board of Commissioners on Grievances and Discipline after respondent failed to answer a formal disciplinary complaint.
Precedential value
published opinion
Parties
Disciplinary Counsel v. Wayne Lewis Kerek
Disposition
other

Topics

administrative law

Practice areas

legal ethics and professional responsibilityattorney discipline

Questions Presented

  1. Whether the Supreme Court of Ohio should enter an interim default suspension after the respondent failed to answer a formal disciplinary complaint.

Holdings

  1. Upon the board's certification of default and the respondent's failure to respond, the Supreme Court of Ohio entered an immediate interim default suspension under Gov.Bar R. V(6a)(B)(1).

Key quotations

Upon consideration thereof and pursuant to Gov.Bar R. V(6a)(B)(1), it is ordered and decreed that an interim default suspension is immediately entered against Wayne Lewis Kerek (¶ 2)
It is further ordered that respondent shall not be reinstated to the practice of law in Ohio until (1) respondent complies with the requirements for reinstatement set forth in the Supreme Court Rules for the Government of the Bar of Ohio, (2) respondent complies with this and all other orders issued by this court, (3) respondent complies with the Supreme Court Rules for the Government of the Bar of Ohio, and (4) this court orders respondent reinstated. (¶ 8)

Factual background

A formal disciplinary complaint was pending against respondent Wayne Lewis Kerek. He failed to file an answer and did not respond to the board's certification of default. The board consequently certified the default to the Supreme Court of Ohio.

Procedural history

The Board of Commissioners on Grievances and Discipline filed a certification of default with the Supreme Court of Ohio on September 5, 2013, alleging that Wayne Lewis Kerek had failed to answer a formal complaint pending before the board. Kerek did not respond. The Supreme Court entered an interim default suspension and imposed related practice, notice, continuing-education, reimbursement, and reinstatement requirements.

Court Document

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