Disciplinary Counsel v. Anthony

2021-Ohio-2690 (Ohio 2021) · Supreme Court of Ohio · August 6, 2021 · No. 2021-0851

Summary

The Supreme Court of Ohio entered an interim default suspension against Marcelle Rose Anthony after she failed to answer a formal disciplinary complaint. The order immediately prohibited her from practicing law and imposed reinstatement, continuing legal education, client-notification, recordkeeping, and other compliance requirements.

Court
Supreme Court of Ohio
Writing for the Court
Maureen O'Connor, Chief Justice; Maureen O'Connor
Jurisdiction
Ohio
Decision date
August 6, 2021
Docket number
2021-0851
Procedural posture
On certification of default in an attorney-discipline proceeding.
Precedential value
published
Disposition
other

Topics

defaultcivil procedure

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 complaint and respondent filed no response.
  2. What conditions and obligations apply during the interim default suspension.

Holdings

  1. When the Board of Professional Conduct certifies a respondent's default for failure to answer a formal complaint and the respondent does not respond, the Supreme Court of Ohio may immediately enter an interim default suspension under Gov.Bar R. V(14)(B)(1).
  2. A respondent subject to the interim default suspension must immediately cease practicing law, comply with applicable continuing-legal-education and reinstatement requirements, reimburse qualifying Lawyers' Fund for Client Protection awards, and complete specified client-notification, property-delivery, fee-accounting, filing, and recordkeeping duties.

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 Marcelle Rose Anthony, Attorney Registration No. 0026115, last known business address in Columbus, Ohio, and that the suspension is effective as of the date of this entry. (¶ 2)
It is further ordered that respondent immediately cease and desist from the practice of law in any form and that she is hereby forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency, or other public authority. (¶ 3)

Factual background

The Board of Professional Conduct alleged that respondent Marcelle Rose Anthony failed to file an answer to a formal disciplinary complaint. She did not respond to the certification of default. Based on that default, the Supreme Court of Ohio immediately suspended her from the practice of law on an interim basis and imposed related compliance obligations.

Procedural history

The Board of Professional Conduct filed a certification of default alleging that Marcelle Rose Anthony failed to answer a formal complaint pending before the board. Anthony did not respond, and the Supreme Court of Ohio entered an interim default suspension pursuant to Gov.Bar R. V(14)(B)(1).

Court Document

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