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The Ohio Legal Rights Service (OLRS) filed a motion with the Ohio Supreme Court asking the court to reconsider its decision to suspend an attorney due to mental illness. OLRS asked the court to permit the attorney to remain in practice as long as he complied with the conditions recommended by a psychiatrist. OLRS argued that under Title II of the ADA, public entities such as state courts and attorney disciplinary agencies must make reasonable modifications to their policies and practices to avoid discrimination against people with disabilities.
In this case, a local bar association consulted with an expert psychiatrist who recommended that the attorney could continue to practice law despite his mental illness as long as he did not work in a solo practice; had supervision by a licensed attorney; limited his case load; provided quarterly documentation that he remained under psychiatric care, maintained medication compliance and participated in the Ohio Lawyers Assistance Program; and spent one year without major psychiatric, social or legal decompensation.
At the time these recommendations were made, the attorney's psychiatrist stated that his mental illness had been very well controlled by treatment and medication for one year. The attorney readily agreed to fulfill all the other conditions recommended for him to continue practicing law. However, the local bar association and the Ohio Board of Commissioners on Grievances and Discipline of the bar made a recommendation to the Ohio Supreme Court to suspend this attorney because of mental illness. The Ohio Supreme Court adopted this recommendation and imposed an indefinite suspension.