In re Fitz

2019-Ohio-5265 (Ohio 2019) · Supreme Court of Ohio · December 20, 2019 · No. 2019-1750

Summary

The Supreme Court of Ohio imposed an interim suspension from the practice of law on Robert Edward Fitz after receiving a certified judgment entry of his felony conviction. The court also referred the matter for disciplinary investigation and set requirements concerning cessation of practice, client notification, continuing legal education, reinstatement, and reimbursement obligations.

Court
Supreme Court of Ohio
Writing for the Court
O'Connor, C.J.; Kennedy, J.; French, J.; Fischer, J.; DeWine, J.; Donnelly, J.; Stewart, J.
Jurisdiction
Ohio
Decision date
December 20, 2019
Docket number
2019-1750
Procedural posture
The director of the Board of Professional Conduct filed a certified copy of respondent attorney Robert Edward Fitz's felony-conviction judgment entry with the Supreme Court of Ohio under the Ohio disciplinary rules.
Precedential value
published
Disposition
other

Topics

administrative lawagency adjudicationjudicial review of agency action

Practice areas

legal ethicsattorney disciplineprofessional responsibility

Questions Presented

  1. Whether the filing of a certified judgment entry of an attorney's felony conviction required the Supreme Court of Ohio to impose an interim suspension under Gov.Bar R. V(18)(A)(4).
  2. What conditions and compliance obligations should govern the respondent's interim suspension.

Holdings

  1. Upon the filing of a certified copy of a judgment entry of a felony conviction against an Ohio attorney, the court ordered the attorney suspended from the practice of law for an interim period and referred the matter to disciplinary counsel for investigation and commencement of disciplinary proceedings.
  2. The suspended attorney must cease practicing law, comply with notice, client-property, fee, trust-account, affidavit, continuing-legal-education, client-protection-fund reimbursement, and reinstatement requirements specified in the order.

Key quotations

respondent, Robert Edward Fitz, Attorney Registration No. 0024277, last known business address in Westlake, Ohio, is suspended from the practice of law for an interim period, effective as of the date of this entry. (¶ 2)
It is further ordered that this matter is referred to disciplinary counsel for investigation and the commencement of disciplinary proceedings. (¶ 3)

Factual background

Robert Edward Fitz was an attorney licensed to practice law in Ohio. The director of the Board of Professional Conduct filed with the Supreme Court a certified copy of a judgment entry reflecting Fitz's felony conviction. Based on that certified conviction, the court imposed an interim suspension and directed that disciplinary proceedings commence.

Procedural history

On December 18, 2019, the director of the Board of Professional Conduct filed the certified felony-conviction entry. The Supreme Court of Ohio ordered Fitz's interim suspension from the practice of law and referred the matter to disciplinary counsel for investigation and commencement of disciplinary proceedings.

Court Document

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