2012 annual report - Supreme Court - State of Ohio

BOARD REVIEWGov. Bar R. VIII gives the CSF board sole discretion to determine which claims meritreimbursement from the fund, as well as the amount, time, manner, conditions andorder of payments of reimbursement. The board may request additional informationor hold an informal hearing before reaching its decision. A claimant or an attorneymay request permission to appear before the board in person, in which case the boardchair decides the request. During fiscal year 2012, there were no requests to appearbefore the board.An affirmative vote of at least four commissioners is required for claimdeterminations. The CSF Board Rules provide that when a claim is determinedineligible for reimbursement, the claimant may, within 30 days after receipt of theboard’s decision, request board reconsideration of the claim.Claimants need not be represented by counsel to file an application forreimbursement with the CSF. Gov. Bar R. VIII specifically prohibits the payment ofattorney fees out of the proceeds of an award. However, CSF Board Rule 14 permitsthe payment of attorney fees out of the fund, up to a maximum of $300, if the boardof commissioners determines that the attorney’s services were necessary to processthe claim. During fiscal year 2012, the board approved 4 applications for attorneyfees, totaling $1,030.9