the supreme court of ohiojoni elizabeth statzer, respondent. case no. 03-1109 order on december 31,...
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THE SUPREME COURT OF OHIO
Cincinnati Bar Assoc.
Relato
V.
Joni Elizabeth Statzer^
Responde^t^;1-1
Case No. 03-1109
Petition for Reinstatemcnt
Now Comes Joni E. Statzer, Respondent, Herein, the Petitioner, and does request this
Honorable Supreme Court of Obio, to find her to be in compliance with all Orders of this Court
handed down in Its findings issued in Case # 03-1109, and does respectfully ask that she be returned
to good standing in the eyes of this court, and that her License to practice law in the State of Ohio
be reactivated.
The suspension was handed down as a result of Petitioner's faihue to pay Board costs and
interest in the amount of $5,282.00. An Order to show Cause was issued, and Petitioner failed to
respond. A suspension was then handed down until Petitioner paid these costs in full, in June 2006.
Enclosed with this Request/Petition, the Court will find the following:
1. A Notarized Affidavit of Compliance with the Order of this Supreme Court.
2. Certificate of Service
3. Two Certified Checks - One in the amount to cover the original fine plus interest, the
second to cover court costs and publication costs plus interest, current to the date of this
Petition.
4. A copy of the Supreme Court's Order in this matter.
5. Confirmation of the 49.00 hours of CLE's that were required, 10 of those bouts full-fill^ing
the ethics requirements. These hours actually exceed the required hours through April 2010.
I
Petitioner also states that there have been no further proceedings disciplinaty proceedings
against the Petitioner, and that there are no cwsent pending disciplinary proceedings.
Petitioner is current with all CLE requirements through Apri12010, and has further compfied
will all of the Orders Handed down by this Honorable Court in this matter.
Therefore, with the above statements being true to the full and best understanding of
Petitioner, I respectfully request that this Honorable Court Re-Issue Petitioner's I.icense to
Practice Law in the State of Oluo, and Find that she is in good standing with this Court.
Respectfully Submitted:
ir
i
Jon S er odbu141 9 oc t LaneNa4hpa`, Idaho 83686208-794-9192
CERTIFICATE OF SERVICE
I certify a copy of the foregoing document, along with all the attachments, and anAffidavit of Compliance has been served upon the following via registered and regular U.S.Mail on this the 28t day of April, 2010.
Cincinnati Bar Association225 East 6d, St2°s floorCincinnati, Ohio 45202
Supreme ourt Disciplinary Office250 Ci ' Center nve-suite 325C91u bus, O o 43215-5454
14169
Affidavit of Compliance with Supreme Court Order:
Gen - 2003-1109
Filed 6/23/2003
Cincinnati Bar Association v. Joni E. Statzer
I, Joni E. Woodburn, previously, Joni E. Statzer, Attorney #0067179, and am the attorney stated
in the above caption, hereby submits this Affidavit of Compliance as per the Order, handed
down in the above captioned case.
In the year of 2003/2004, prior to this order, I, Joni E. Woodburn, did the following:
1. Closed down my practice of law, and notified all of my clients that this would be done.
Prior to this order, I either finished out all pending cases, or found adequate counsel,
with the permission of my client's, to continue on with that client's case.
2. 1 delivered to all clients any and all remaining and unused fees that were in my
possession or any monies that were held in my trust account. Further, I delivered all
papers, files, or other documents or properties that were in my possession, to the
proper client.
3. I completed all pending cases, and notified opposing counsel if I was going to withdraw
from said case.
4. At the time this order of temporary suspension was given, I had already stopped my
practice, and complied with all the requirements set out there within, with the
exception of the filing of this Affidavit, which I am doing at this time.
5. 1 have not practiced law in any manner since the issuance of this Order.
6. To the absolute best of my knowledge I have had no other complaints filed against me,
no unfinished business, or any other requirements left unattended to, with the
exception of this matter at hand.
1, further, swear and attest that I am in full compliance with the following that was laid out by
the Ohio Supreme Court, in the above stated Order:
1. Notify all clients being represented in pending matters and any co-counsel ofrespondent's suspension and consequent disqualification to act as an attorneyafter the effective date of this order and, in the absence of co-counsel, also notifythe clients to seek legal service elsewhere, calling attention to any urgency inseeking the substitution of another attorney in respondent's place;
2. Regardless of any fees or expenses due respondent, deliver to all clients beingrepresented in pending matters any papers or other property pertaining to theclient, or notify the clients or co-counsel, if any, of a suitable time and placewhere the papers or other property may be obtained, calling attention to anyurgency for obtaining sueh papers or other property;
3. Refund any part of any fees or expenses paid in advance that are unearned ornot paid, and account for any trust money or property in the possession or controlof respondent;
4. Notify opposing counsel in pending litigation or, in the absence of counsel,the adverse parties, of respondent's disqualification to act as an attorney after theeffective date of this order, and file a notice of disqualification of respondentwith the court or agency before which the litigation is pending for inclusion inthe respective file or files;
5. Send all notices required by this order by certified mail with a return addresswhere communications may thereafter be directed to respondent;
6. File with the Clerk of this Court and the Disciplinary Counsel of the SupremeCourt an affidavit showing compliance with this order, showing proof of serviceofaaotices rcqlured herein, and setting forth the address where the respondentmay receive comrnwiications; and.
CERTIFICATE OF ACKNOWLEDGEMENT
On this the (D day of o n , 2009, before me El tr 1V JoC)tjg A
Notary Public in the State of Cf) , Personally appeared, Joni E. Woodburn, whohas/have satisfactorily identified herself as the signer to the above referenced document.
State of
Coantyof Sin D}Iqo
Seal:
Signature of Joni E. Woodburn:
Notary Signature:
My commission expires:
7un^p 13 o)O
CERTIFICATE OF SERVICE
^ I certify a copy of the Request for Reinstatement, along with a1l theattachments and an Affidavit of Compliance has been served upon thefollowing via registered and regular U.S. Mail on this the 27th day of April,2010.
Cincinnati Bar Association Supreme Court Disciplinary O'ffice225 East 6th St 250 Civic Center Drive-sui^e`3252nd floor Columbus, Ohio 43215-.5454Cincinnati, Ohio 45202
Cincinnati Bar Association Ohio State Office of the Disc. Counsel
225 East 6th Street 250 Civic Center Drive
2"a Floor Suite 325
Cincinnati, Ohio 45202 Coiumbus, Ohio 43215-5454
Case # 2003-1109
Cincinnati Bar Association and Office of the DiscipGnary Counsel•
To Whom It Concerns:
Enclosed you will find a copy of my Affidavit of Compliance, as well as my current
correspondence with the Ohio State Supreme Court in the above mentioned case.
It is my understanding that I am required to send a copy of this to the Cincinnati Bar
Association, since that is where the original grievance was filed many years ago. If there is anything
else needed, please do not hesitate to contact tne at tlxe following phone mmmber and address:
Joni Statzet (Woodburn)
#0067679 14169 Locust Lane
Nampa, Idaho 83683
208-794-9192
`Thank you for yotu assistance in this matte
Joni Statzer (Woodbum)
#0067179
rnnt
From: Roche, Doris (Doris.Roche^a sc.ohio.gov)To: [email protected];Date: Tue, Apri127, 2010 8:11:00 AMCc: sandra.grosko @sc.ohio.gov;Subject: Case No: 2003-1109 - costs
ragv I vi i
Ms. Woodburn,I have calculated the accrued interest on the board and publication costs,
through today (4/27), and they are as follows:
Board costs $5,282.00 principal + $3,195.36 interest = $8,477.36Publication costs $193.14 principal + $91.30 interest = $284.44Publication costs $29.26 principal + $8.79 interest = $38.05
Doris RocheAsst. Deputy ClerkClerk's OfficeSupreme Court of Ohio
http://us.mg2.mail.yahoo.com/dc/launch?.gx=1&.rand=8r8tgcsc93dir 4/27/2010
^^^ ^uVrrrm qonxt of 041Cincinnati Bar Association,
Relator,V.
Joni Elizabeth Statzer,Respondent.
Case No. 03-1109
ORDER
On December 31, 2003, this Court suspended respondent, Joni Elizabeth Statzer,for a period of six montbs and stayed the suspension on the condition that she comniit nofiuther misconduct. 7'he Court further ordered that she pay Board costs in the amount of$5,282.00 within ninety days of the date of the order or she would be found in contemptand suspended until costs, including accrued interest are paid in full. These costs and allaccrued interest remain unpaid. On September 29, 2004, respondent was hcld incontempt for failure to pay Board costs. On May 11, 2006, the Court issued a showcause order allowing respondent twenty days to show cause why the stay of hersuspension should not be revoked and why she should not be suspended for failure topay Board costs. Respondent did not respond. Upon consideration thereof,
IT IS ORDERED that the previously imposed stay is revoked and respondent,Joni Elizabeth Statzer, attorney registration number 0067179; last known address inNampa, Idaho, is suspended until Board costs, plus accrued interest, are paid in full.
IT IS FURTHER ORDERED that the respondent immediately cease and desistfrom the practice of law in any form and is hereby forbidden to appear on behalf ofanother before any court, judge, commission, board, administrative agency or otherpublic authority.
IT IS FURTHER ORDERED that respondent is hereby forbidden to counsel oradvise or prepare legal instruments for others or in any manner perform such services.
IT IS FURTHER ORDERED that the respondent is hereby divested of each, any,and all of the rights, privileges and prerogatives customarily accorded to a member ingood standing of the legal profession of Ohio.
IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(3)(G), respondentshall complete one credit hour of continuing legal education for each month, or portionof a month, of the suspension. As part of the total credit hours of continuing legaleducation required by Gov.Bar R. X(3)(G), respondent shall complete one credit hour ofinstruction related to professional conduct required by Gov.Bar R. X(3)(A)(1), for eachsix months, or portion of six months, of the suspension.
IT IS FURTHER ORDERED, sua sponte, by the Court, that within 90 days ofthe date of this order, respondent shall reimburse any amounts that have been awarded
against the respondent by the Clients' Security Fund pursuant to Gov.Bar R. VIII(7)(F).It is further ordered, sua sponte, by the Court that if, after the date of this order, theClients' Security Fund awards any amount against the respondent pursuant to Gov.Bar R.VIII(7)(F), the respondent shall reimburse that amount to the Clients' Security Fundwithin 90 days of the notice of such award.
IT IS FURTHER ORDERED that r5espondent shall not be reinstated to thepractice of law in Ohio until (1) respondent complies with the requirements forreinstatement set forth in the Supreme Court Rules for the Government of the Bar ofOhio; (2) respondent complies with the Supreme Court Rules for the t'iovernment of theBar of Ohio; (3) respondent complies with this and all other orders of the Court; and (4)this Court orders respondent reinstated.
IT IS FURTHER ORDERED that on or before 30 days from the date of thisorder, respondent shall:
1. Notify aIl clients being represented in pending matters and any co-cotmsel ofrespondent's suspension and consequent disqualification to act as an attoineyafter the effective date of this order and, in the absence of co-counsel, also notifythe clients to seek legal service elsewhere, calling attention to any urgency inseeking the substitution of another attorney in respondent's place;
2. Regardless of any fees or expenses due respondent, deliver to all clients beingrepresented in pending matters any papers or other property pertaining to theclient, or notify the clients or co-counsel, if any, of a suitable time and placewhere the papers or other property may be obtained, calling attention to anyurgency for obtaining such papers or other property;
3. Refund any part of any fees or expenses paid in advance that are unearned ornot paid, and account for any trust money or property in the possession or controlof respondent;
4. Notify opposing counsel in pending litigation or, in the absence of counsel,the adverse parties, of respondent's disqualification to act as an attorney after theeffective date of this order, and file a notice of disqualification of respondentwith the court or agency before which the litigation is pending for inclusion inthe respective file or files;
5. Send all notices required by this order by certified mail with a return addresswhere communications may thereafter be directed to respondent;
6. File with the Clerk of this Court and the Disciplinary Counsel of the SupremeCourt an affidavit showing compliance with this order, showing proof of serviceof notices required herein, and setting forth the address where the respondentmay receive communications; and.
7. Retain and maintain a record of the various steps taken by respondent pursuantto this order.
IT IS FURTHER ORDERED that respondent shall keep the Clerk, the CincitmatiBar Association, and the Disciplinary Counsel advised of any change of address whererespondent may receive communications.
IT IS FURTHER ORDERED, sua sponte, that all documents filed with thisCourt in this case shall meet the filing requirements set forth in the Rules of Practice ofthe Supreme Court of Ohio, including requirements as to form, number, and timelinessof filings.
IT IS FURTHER ORDERED, sua sponte, that service shall be deemed made onrespondent by sending this order, and all other orders in this case, by certified mail to themost recent address respondent has given to the Attorney Registration Section.
IT IS FURTHER ORDERED that the Clerk of this Court issue certified copies ofthis order as provided for in Gov.Bar R. V(8)(D)(1) , that publication be made asprovided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs of publication.
THOMAS J. MOYERChief Justice
From: White, Tarnmy ([email protected])To: [email protected];Date: Thu, Apri122, 2010 8:59:10 AMCc:Subject: RE: certificate of good standing 0067179
Ms. Woodburn,
I have double checked your record and you have coinpleted a total of 49 hours, including 2.50 hours ofsubstance abuse, 10.50 hours of ethics, and 4.0 hours of professionalism. All of the courses that yousubinitted have been added to your record.
If you have any further questions, please let me know.
Tammy WhiteAttorney Services CoordinatorSupreme Court of OhioOffice of Attorney Services65 S. Front Street, 5th FloorColumbus, Ohio 43215-3431(614) 387-9330
From: Joni Woodburn [mailto:[email protected]]Sent: April 21, 2010 6:11 PMTo: White, TammySubject: Re: certificate of good standing 0067179
Tammy, I have just gone back and re-calculated. I am showing 10.25 hours of ethics. I have scanned allthe certificates of completion, they are all attached with this e-mail. I have also included all of thesecertificates with the petition that I sent to Sandra Grosko and the Supreme Court. After you review,please advise of your findings. I have read through all of them, and it does not look as if any are
duplicates.
As you will note, some were finished just this month, and perhaps they have not reached your office asof yet. But, I am showing 10.25 hours.
I look forward to hearing from you. Thank you,
Joni Woodburn
From: "White, Tammy" <[email protected]>To: Joni Woodburn <[email protected]>Sent; Wed, April 21, 2010 1:38:14 PMSubject: RE: certificate of good standing 0067179
Ms. Woodbum,
Our records indicate you have reported completing a total of 49 hours, including 5.5 hours of
htttn://us.me2.mail.vahoo.com/dc/launch?.P-x=1&.rand=8r8ti;csc93dir 4/27/2010