Overview of the Disciplinary Process Kentucky and Ohio.

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Presentation transcript:

Overview of the Disciplinary Process Kentucky and Ohio

Kentucky Grievant Respondent Office of Bar Counsel Inquiry Commission (3 panels of 2 lawyers and one lay person) Trial Commissioner (69 volunteer members of KBA) Board of Governors of the KBA (President, President Elect, Vice President, 14 elected members of Board and 4 lay members) Supreme Court

Grievant Respondent Certified Grievance Committees (32 local bar associations) Office of Disciplinary Counsel Board of Professional Conduct (17 attorneys, 7 Judges, 4 Laypeople) Supreme Court

Initial Investigation Responding to an Inquiry Confidentiality of Investigation

Determination of Probable cause Confidentiality

Pretrial Procedure

Trial Appeal/Final Decision

Sanctions Aggravating and Mitigating factors

Ohio and Kentucky similar In connection with a disciplinary matter, a lawyer shall not: ◦ Knowingly make a false statement of material fact; or ◦ Fail to disclose a material fact or knowingly fail to respond to a demand for information from a disciplinary authority

 Kentucky (a): A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the Association's Bar Counsel.  Ohio 8.3(a): A lawyer who possesses unprivileged knowledge of a violation of the Ohio Rules of Professional Conduct that raises a question as to any lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform a disciplinary authority empowered to investigate or act upon such a violation.