Cincinnati Bar Assn. v. Fidler

Ohio Supreme Court
Cincinnati Bar Assn. v. Fidler, 1999 Ohio 344 (Ohio 1999)
86 Ohio St. 3d 1201

Cincinnati Bar Assn. v. Fidler

Opinion

[This opinion has been published in Ohio Official Reports at 
86 Ohio St.3d 1201
.]




                      CINCINNATI BAR ASSOCIATION v. FIDLER.
              [Cite as Cincinnati Bar Assn. v. Fidler, 
1999-Ohio-344
.]
                (No. 97-2641—Submitted and decided June 8, 1999.)
                                    ON APPLICATION.
                                  __________________
        {¶ 1} This cause came on for further consideration upon the filing by respondent
Mark W. Fidler, a.k.a. Mark Walter Fidler, of an application seeking a stay of the last
year of his eighteen-month suspension and placement on probation for one year, on
conditions.
        {¶ 2} The court coming now to consider its order of October 14, 1998, wherein
the court, pursuant to Gov.Bar R. V(6)(B)(3), suspended respondent for a period of
eighteen months with one year of the suspension to be stayed pending successful
completion of a one-year probation period and appropriate counseling to address the
problems that caused him to engage in the underlying misconduct, finds that respondent
has substantially complied with that order and with the provisions of Gov.Bar R.
V(10)(A). Therefore,
        {¶ 3} IT IS ORDERED by the court that the final year of respondent’s eighteen-
month suspension be and is hereby stayed and that respondent Mark W. Fidler, a.k.a.
Mark Walter Fidler, Attorney 
Registration No. 0020309,
 last known business address in
Cincinnati, Ohio, be placed on monitored probation for a period of one year, on the
conditions set forth in this court’s October 14, 1998 order entered in this case.
        {¶ 4} IT IS FURTHER ORDERED by the court that pursuant to Gov.Bar R. V(9),
relator, Cincinnati Bar Association, shall appoint an attorney to monitor respondent and,
further, that relator shall file with the Clerk of this court, on or before thirty days from
the date of this order, the name of the monitoring attorney.
                             SUPREME COURT OF OHIO




       {¶ 5} IT IS FURTHER ORDERED that at the end of the monitored probationary
period, relator, Cincinnati Bar Association, shall file a report with the Clerk of this court
indicating whether respondent has complied with the terms of the probation.
       {¶ 6} IT IS FURTHER ORDERED that respondent shall keep the Clerk,
Disciplinary Counsel, relator, and the monitoring attorney advised of any change of
address where respondent may receive communications.
       {¶ 7} IT IS FURTHER ORDERED that at the end of the probationary period,
respondent may apply for termination of probation. It is further ordered that respondent’s
probation shall not be terminated until (1) he applies for termination of probation in
accordance with Gov.Bar R. V(9) and meets the requirements of having his probation
terminated; (2) he complies with this and all other orders issued by this court; (3) he
complies with the Supreme Court Rules for the Government of the Bar of Ohio; (4) relator
files a report with the Clerk’s office of this court, indicating that respondent has complied
with the terms and conditions of his monitored probation; and (5) this court enters an
order terminating his probation.
       {¶ 8} IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be made
as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs of
publication.
       {¶ 9} For earlier case, see Cincinnati Bar Assn. v. Fidler (1998), 
83 Ohio St.3d 396
, 
700 N.E.2d 323
.
       MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                               __________________




                                          2


Reference

Status
Published
Syllabus
On application seeking stay of last year of eighteen-month suspension and placement on probation for one year, on conditions - Application granted on the conditions set forth in this court's October 14, 1998 order entered in this case.