That UCC-Militia Crap doesn't work here either...

[verus2612]

Came across this case when I was reading this week's Ohio State Bar Association "Green Book" in which the OSBA publishes decided cases of interest. Among the disciplinary cases was an "unauthorized practice of law" case in which a non-attorney tried to represent his fiance in a collection case at the common pleas court and court of appeals. Matter was referred to the Lorain County Bar Association who is authorized to investigate such matters by the Ohio Supreme Court and report their findings of fact and recommended sanctions to the Ohio Supreme Court.

The Lorain County Bar issued a complaint and summons. Our non-attorney was required to file an answer, but instead filed a document captioned "Notice of Criminal Activity & Demand for Proof of Jurisdiction". He was ordered to file an answer, but filed the same notice a second time which they interpreted as a motion to dismiss. The motion was denied and he was ordered to file an answer a second time.

Our non-attorney marked the second order to file an answer "Void" and "Refused for Fraud" and then filed a document captioned "Refusal for Fraud, Declaration of Void Order & Notice of Criminal Fraud". At this point, the Lorain County folks were done humoring him, ordered the documents stricken from the record, found him in default of answer, found that he had engaged in the unauthorized practice of law and recommended a $20,000 civil penalty which the Ohio Supreme Court reduced to $10,000 with $5,000 stayed. I hope the justices of the Ohio Supreme Court remember their generosity when he starts filing common law liens against them. See Lorain County Bar Association vs. Kocak, 121 Ohio St.3rd 396 (2009) or

http://www.sconet.state.oh.us/rod/docs/ ... o-1430.pdf

[Judge Roy Bean]

He'll probably try the oath of office scheme, lose in court, go for a mandamus action and then appeal - and be shot down again:

http://www.sconet.state.oh.us/rod/newpd ... io-412.pdf

What a maroon.

[verus2612]

No appeal from the Ohio Supreme Court which is the high court in Ohio unless he tries to go to the US Supreme Court. They won't hear it as it involves a state regulating who can practice law.

I wonder whether he'll pay the $5,000 fine. If not, they'll send him an order directing him to show cause why he should not be held in contempt complete with a hearing date. Fun times for all when he sends that back "Returned for Fraud" or files some other nonsense.

Trial courts in Ohio will typically give a couple bites at the apple on a first offense on civil contempt by finding them in contempt, sentencing them to 30 days in jail suspended on condition they comply with the court order and adding on a $1,000 fine. After that they issue an arrest warrant and send them to the pokey.

I suspect the Ohio Supreme Court will follow the trial court method and I pity the poor Ohio State Highway Patrolmen who have to serve the warrant, but not as much as I pity the one who has to listen to his crap on the drive to the jail if they don't just take him to the hospital after they wack him a couple of times with a nightstick.

[fortinbras]

Lorain County Bar Assn v. Kocak (4/2/09) can now be cited as:

121 Ohio St.3d 396, 904 N.E.2d 885.