Disciplinary Counsel v. Zury

142 Ohio St. 3d 1232 (Ohio 2015) · Supreme Court of Ohio · March 31, 2015

Summary

The Supreme Court of Ohio entered an interim default suspension against attorney James Christopher Zury after he failed to answer a formal disciplinary complaint. The order immediately prohibited him from practicing law and imposed related client-notification, continuing-education, reimbursement, and reinstatement requirements.

Court
Supreme Court of Ohio
Writing for the Court
Maureen O'Connor, Chief Justice; William M. O'Neill, Justice; Terrence O'Donnell, Justice; Evelyn Lundberg Stratton, Justice; Judith Ann Lanzinger, Justice; Sharon L. Kennedy, Justice; William A. French, Justice; Patricia A. O'Neill, Justice
Jurisdiction
Ohio
Decision date
March 31, 2015
Procedural posture
The Board of Professional Conduct certified respondent's default to the Supreme Court of Ohio after respondent failed to answer a formal disciplinary complaint.
Precedential value
Published per curiam disciplinary order; binding as to the suspension and obligations imposed on the respondent, with limited value as general precedent.
Parties
Disciplinary Counsel v. James Christopher Zury
Disposition
other

Topics

administrative lawagency adjudicationjudicial review of agency action

Practice areas

legal ethicsattorney disciplineprofessional responsibility

Questions Presented

  1. Whether the Supreme Court of Ohio should enter an interim default suspension after the Board of Professional Conduct certified that respondent failed to answer a formal disciplinary complaint and respondent filed no response.
  2. What conditions and restrictions should accompany the interim default suspension.

Holdings

  1. Upon the Board of Professional Conduct's certification of respondent's default and respondent's failure to respond, the court entered an interim default suspension pursuant to Gov.Bar R. V(14)(B)(1).
  2. During the interim default suspension, respondent must cease practicing law and comply with the specified restrictions, client-notification and property-transfer duties, continuing-legal-education requirements, reimbursement obligations, recordkeeping requirements, and conditions for reinstatement.

Key quotations

Upon consideration thereof and pursuant to Gov.Bar R. V(14)(B)(1), it is ordered and decreed that an interim default suspension is immediately entered against James Christopher Zury, Attorney Registration No. 0065389, last known business address in Westerville, Ohio, and that the suspension is effective as of the date of this entry. (1232, ¶ 2)
It is further ordered that respondent immediately cease and desist from the practice of law in any form and that he is hereby forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency, or other public authority. (1233, ¶ 3)

Factual background

The Board of Professional Conduct filed a certification of default alleging that respondent James Christopher Zury failed to file an answer to a formal disciplinary complaint. Zury did not file a response to the certification. Based on the certification and nonresponse, the Supreme Court of Ohio entered an interim default suspension.

Procedural history

On March 2, 2015, the Board of Professional Conduct filed a certification of default alleging that James Christopher Zury failed to answer a formal complaint pending before the board. Zury did not respond. The Supreme Court of Ohio entered an interim default suspension and imposed related practice, notice, continuing-legal-education, reimbursement, and reinstatement requirements.

Court Document

Open PDF
Loading document…