Mahoning County Bar Association, Relator, THE SUPWEME COURT OF OHIO V3. Case No. 04-1064 R. Allen Sinclair PETITION FOR 11 Overhill Road. REINSTATEMENT Youngstown, Ohio 44512 (Mahoning County) Petitioner. Petitioner, R. Allen Sinclair, by his duly authorized attorney, hereby petitions this Court for reinstatement to the practice of law pursuant to Gov. Bar R. V, 10(A) through (G), and states the following in support thereof and in conformity with Gov. Bar R. V, 10(C): 1. On December 29, 2004, Petitioner was indefinitely suspended from the practice of law in Mahoning County Bar Assn. v. Sinclair (2004), 105 Ohio St.3d 65, 2004-Ohio-7014. Thus, this petition is filed more than two (2) years after the entry of the order of December 29, 2004, suspending petitioner from the practice of law for an indefinite period, Gov. Bar R. V 10(B)(1). Petitioner had been suspended from the practice of law for a six (6) month period, with the entire suspension stayed, and a one-year probation in Mahoning County Bar Assn. v. Sinclair (2000), 88 Ohio St.3d 328, 2000-Ohio-348. espon ^sp "y L^U f02079. 1/H44109D vl SEP 26Z00Z CLERK OF COURT SUPUEMECpURT CP qml
completed the period of probation, and the suspension remained stayed in its entirety. The probation period expired more than six (6) years ago. 2. No prior petitions for reinstatement have been filed by or on behalf of Petitioner, and therefore none have been granted or denied. 3. The names of all persons and organizations who are or would be entitled under Gov. Bar R. V, 8(D)(1) and Gov. Bar R. V, 10(C)(3) are: Mahoning County Bar Association 114 E. Front St., Suite 100 Youngstown, Ohio 44503 Board of Commissioners on Grievances and Discipline 65 S. Front Street, 5`i' Floor Columbus, Ohio 43215 Jonathan E. Coughlan, Esq. Disciplinary Counsel 250 Civic Center Blvd. Columbus, Ohio 43215 Ohio State Bar Association c/o Eugene P. Whetzel, General Counsel P.O. Box 16562 Columbus, Ohio 43216-6562 Adnunistrative Judge John M. Durkin Mahoning County Court of Common Pleas 120 Market Street Youngstown, Ohio 44503-1725 102079.I/pA41090v1 2
Chief Judge James G. Carr United States District Court Northern District of Ohio 1716 Spielbusch Avenue Toledo, Ohio 43624 Chief Judge Sandra Beckwith United States District Court Southern District of Ohio U. S. Courthouse 85 Marconi Blvd. Columbus, Ohio 43215 Chief Judge Danny J. Boggs 6th Circuit Court of Appeals Potter Stewart U.S. Courthouse, Room 532 100 East Fifth Street Cincinnati, Ohio 45202 Clerk of the United States Supreme Court One First Street N.E. Washington, D.C. 20543 4. Petitioner has complied with the continuing legal education requirements of Gov. Bar R. X, 3(F) and (G) and with all conditions ordered by this Court in the cases referenced in paragraph 1, above. 5. Pursuant to Gov. Bar R. V, 10(C)(5), Petitioner states the following facts: He formed two businesses, Newport Investments, LLC and Newport Development, Inc. Newport Investments purchases distressed homes at a price below fair market value, and a team of contractors with Newport Development rehabilitates the home and then sell it at a profit. The home is often sold with 102079. 119441090 0 3
owner financing and may involve buyers becoming qualified for a home loan. As of May 7, 2007, Petitioner's businesses had purchased, rehabilitated, and sold over forty (40) homes in the Youngstown area. Petitioner acquires funds for the purchase, rehabilitation, and related costs generally from private investors to whom a note and mortgage secured by the property are given. Petitioner was invited to sit on the Midlothian Free Health Clinic Board, the first free health clinic to be established in Youngstown. Petitioner's background in hospital administration and healthcare are viewed as assets for such service on the Board. Petitioner has continued his role as an active faniily man in regard to his spouse and their three children. WHEREFORE, Petitioner respectfully petitions that the Clerk of this Court forward five (5) copies of this Petition to the Secretary of the Board of Commissioners on Grievances and Discipline, and that the Board conduct a hearing or hearings and take and report evidence relevant to Petitioner's rehabilitation and his possession of all the mental, educational, and moral 102019-IlN441U9Dv, 4
qualifications required of an applicant for admission to the practice of law in Ohio, pursuant to Gov. Bar R. V, 10(F) and (G). tfully submitted, Geoffrey Stem (0013119) Christopher J. Weber (0059270) KEGLER, BROWN, HILL & RITTER 65 E. State Street, Suite 1800 Columbus, Ohio 43215 Telephone: (614) 462-5400 Attorney for Petitioner R. Allen Sinclair 10102 I/#441090 vl
VERIFICATION STATE OF OHIO, COUNTI' OF MAHONING, ss: R. Allen Sinclair, being first duly cautioned and sworn, states that he has carefully read the foregoing Petition for Reinstatement, and that the statements and assertions made therein are true to the best of h/knowledge and belief. Sworn to before me and subscribed in my presence this 22 day of September, 2007. Notary Public SHhNNON R BRANDT NWar9 PuMic 8iek d /!iy Comrnlseloo E^Ires Sooft 14, ^8 --?^e)/ Id2079. J,H44I09UVl 6
AFFIDAVIT STATE OF OHIO ) ) County of MAHONING ) ss. Now comes the affiant, R. ALLEN SINCLAIR, and having first been sworn according to law, deposes and states the following is true: l. That I, R. Allen Sinclair, the petitioner herein, was the respondent in Mahoning County Bar Assn. v. Sinclair (2004), 105 Ohio St.3d 65, 2004-Ohio-7014. 2. Further, there are no formal disciplinary matters pending against me; 3. That I have complied with the continuing legal education requirements as mandated by the Ohio Supreme Court; 4. All costs of the proceedings as ordered by the Supreme Court have been paid; and 5. I have fully complied with the order of suspension. Further, affiant sayeth naught. Swom to before me and subscribed in my presence, this ZZ, day of September, 2007. Notaty Public SHANNON fl 9RIWDT Notary PuMic St to of ONO My Cammission Expires Ssplaber 14, 102079 1/11441094 vl
CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing was served by certified mail on the 2 6 day of September, 2007 to the Mahoning County Bar Association, 114 E. Front St., Suite 100, Youngstown, Ohio 44503. Geoffrey Stem 102099. 1/tt441090 vl 7