Disciplinary Counsel v. Mariotti

179 Ohio St.3d 1221 (2025) · Supreme Court of Ohio · March 18, 2025 · No. 2025-0079

Summary

The Supreme Court of Ohio issued an order granting a certification of default against attorney Mark Mariotti for failing to file an answer to a formal complaint. As a result, the court imposed an immediate interim default suspension, divesting him of all rights and privileges of an Ohio attorney. The order outlines mandatory compliance steps, including notifying clients, refunding unearned fees, completing continuing legal education, and reimbursing the Lawyers’ Fund for Client Protection, while staying further court proceedings pending remand to the Board of Professional Conduct.

Court
Supreme Court of Ohio
Writing for the Court
Kennedy, C.J.; Fischer; Dewine; Deters; Hawkins; Shanahan
Jurisdiction
Ohio
Decision date
March 18, 2025
Docket number
2025-0079
Procedural posture
Certification of default; interim default suspension entered; case remanded to the Board of Professional Conduct for further proceedings.
Precedential value
published
Disposition
remanded

Topics

administrative lawagency adjudicationjudicial review of agency action

Practice areas

administrative law

Questions Presented

  1. Whether the Supreme Court of Ohio may enter an interim default suspension upon certification of default and remand the matter to the Board for further proceedings.

Holdings

  1. The court may enter an interim default suspension and remand the case to the Board of Professional Conduct for further proceedings under Gov.Bar R. V(12).

Key quotations

It is further ordered that respondent is hereby divested of each, any, and all of the rights, privileges, and prerogatives customarily accorded to a member in good standing of the legal profession of Ohio. (¶5)

Factual background

On January 17, 2025, the Board of Professional Conduct filed a certification of default asserting that respondent Mark Mariotti had failed to file an answer to a formal complaint pending before the board. Respondent filed an objection to the certification.

Procedural history

The Board of Professional Conduct filed a certification of default alleging that respondent failed to answer a formal complaint. Respondent objected. The Supreme Court of Ohio considered the certification and ordered an interim default suspension, granting leave to answer and remanding the matter to the Board.

Remand instructions

The matter is remanded to the Board of Professional Conduct for further proceedings under Gov.Bar R. V(12).

Court Document

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