Attorney’s Conduct Did Not Violate Disciplinary Rule
2009-1171. Toledo Bar Assn. v. Rust, Slip Opinion No. 2010-Ohio-170.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-026. The complaint against John G. Rust, Attorney Registration No. 0000098, is dismissed.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, and Cupp, JJ., concur.
Lanzinger, J., dissents and would impose a stayed six-month suspension.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-170.pdf 
View oral argument video of this case.
(Jan. 28, 2010) The Supreme Court of Ohio today dismissed a disciplinary complaint involving Toledo attorney John G. Rust.
In a 6-1 per curiam opinion, the Court concluded that Rust’s filing of a wrongful death suit in the name of the administrator of a deceased person’s estate without the administrator’s consent may have been “flawed” as a legal strategy, but did not violate state attorney discipline rules because Rust’s action was undertaken in good faith and had an arguable basis in law.
The majority opinion was joined by Chief Justice Thomas J. Moyer and Justices Evelyn Lundberg Stratton, Paul E. Pfeifer, Maureen O’Connor, Terrence O’Donnell and Robert R. Cupp.
Justice Judith Ann Lanzinger dissented, stating that in her view Rust’s conduct was contrary to disciplinary rules and she would impose a stayed six-month license suspension as the appropriate sanction.
Contacts
Jonathan B. Cherry, 419.242.4969, for the Toledo Bar Association.
Richard M. Kerger, 419.255.5990, for John G. Rust.
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