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IN THE SUPREME COURT OF OHIO

In re:

Kevin William ThorntonAttorney Reg. No. 0064509

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ENTRY OF DEFAULT

Richard A. Dove (0020256)Board of Commissioners on Grievances and Discipline65 South Front StreetFifth FloorColumbus, Ohio 43215(614) 387-9370rlchard.dove c(i,sc.ohio.gov

Kevin William Thornton (0064509)791 E. Hatt-Swank Rd.Loveland, OH 45140513-31.0-8694kthorn.tonlaw(&aol.com

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IN THE SUPREIVIE COURT OF OHIO

In re:

Complaint against

Kevin William Tbornton

Respondent

Warren County Bar Association

Relator

CERTIFICATION

Gov. Bar R. V, Section 6a(A)

Pursuant to Rtile V, Section 6a, of the Supreme Court Rules for the Government of the

Bar of Ohio, I hereby certify that the respondent in the above-captioned matter has failed to

file an answer to the formal complaint certified to the Board of Commissioners on Grievances

and Discipline on February 3, 2014.

Attached to this certification is an affidavit setting forth the attempts to serve the

complaint on the respondent and copies of documents referenced in the affidavit.

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RICH ARD OVESecretary, Board of Commissionerson Grievances and Discipline ofthe Supreme Court of Ohio

STATE OF OHIO

COUNTY OF FRANKLINss:

AFFIDAVIT

I, Richard A. Dove, having been duly sworn according to the laws of Ohio, hereby depose andsay:

I am the Secretary to the Board of Commissioners on Grievances and Disciplineof the Supreme Gourt of Ohio ("Board"). Pursuant to Rule V of the SupremeCourt Rules for the Government of the Bar of Ohio, I azn responsible for servingcertified disciplinary complaints on the parties and maintaining the records ofcases certified to the Board.

2. On February 3, 2014, a formal complaint was certified to the Board in the matterof Tf'arren County Bar Association v. Kevin Yl'illiajn Thornton, Board Case No.2014-008.

3. On February 3, 2014, a notice and copy of the certified complaint were sent viacertified mail to the respondent at 791 E. I-latt-Swank Road, Loveland, Ohio45140. The address to which the certified mail was sent is the respondent'sresidence address as reflected in the attorney registration records maintained bythe Supreme Court of Ohio, Office of Attorney Services.

4. On February 5, 2014, the Board received a return receipt from the United StatesPostal Service acknowledging the receipt of the documents at the addressreferenced in T3.

O11 March 4, 2014, a notice of intent to certify the respondent's default was sentto the respondent at the address referenced in ¶3.

6. As of the date of this affidavit, the respondent has not filed an answer to theformal complaint pending before the Board or otherwise responded to thecertification of the complaint or the notice of intent to certify his default.

7. Attached to this affidavit are true and accurate copies of the following documentscontained in the case file that is maintained in the Board offices:

a. The formal complaint certified to the Board on February 4, 2014;

b. The return receipt showing the respondent's receipt on February 5, 2014of the certified mail sent to the address referenced in T;3; and.

C. The notice of intent to certify therespondeni's default sent to therespondent's residence address on March 4, 2014,

FURTHER AFFIANT SAYETH NAUGHT.

IX^

Richar A. D O020256}Secretary, Board of Commissionerson Grievances and Discipline

Sworn to before me and subscribed in my presence this 7t1' day of April, 2014.

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BEFORE THE BOARD OF COMMISSIONERSON GRIEVANCES AND DISCIPLINE

OFTHE SUPREME COURT OF OHIO

In re: Complaint against Kevin William Thornton, Esq. (0064509) c0;791 E. Hatt-Swank Road f-.A^^^^ ^^;^il i^Loveland, Ohio 45140 E

Respondent

Warren County Bar AssociationCertified Grievance Committee500 Justice DriveLebanon, OH 45036

Relator:

Case No. •

COMPLAINT.AND F I'LCERTIFICATE (RULE V

FED 0 3 20ILFOR THE SUPREMECOURT RULES FOR THEBQp°RD OF C0AAMI5SIpNEFlSGOVERNMENT OF THEON GRIEVANCES & !'lSCIPLIN^BAR OF OHIO)

Now comes the Relator, Warren County Bar Association, Certified GrievanceCommittee and alleges that Kevin William Thornton, an Attorney at Law, dulyadmitted to the practice of law in the State of Ohio is guilty of the followingmisconduct:

1. Respondent, Kevin William Thornton, Supreme Court Registration0064509, was admitted to the practice of law in the State of Ohio on May 15, 1995.Respondent is subject to the Code of Professional Responsibility and the Rules for theGovernment of the Bar of Ohio.

2. Respondent has engaged in the practice of law from the date of hisadmission with brief interruptions, and has been continuously engaged in the practiceof law from September 3, 2008 until the present time.

FACTS

3. At all times material, Respondent, in his professional capacity as anattorney at law, represented indigent persons, as appointed, from time to time, by theProbate/Juvenile Court of Warren County Ohio (Court of Common Pleas, WarrenCounty Ohio, Probate Court Division). Relator's Complaint herein arises from theconduct of the respondent in the course of such representations of indigent persons,and in particular, one Barbara Dahn, who was before the Court in a contestedprotective child custody case, in which Children's' Services of Warren County sought toremove two children from her custody. A copy of the Order of Appointment isattached, mar-ked as Exhibit "A".

4. Court personnel, at the time of the appointment, notified Respondent bytelephone message on his office answering machine of the appointment, the identity ofhis client, and her contact information. This was followed by the Order ofAppointment, Exhibit "A", a copy of which was mailed by ordinary mail to Respondentas well as his client Barbara Dahn.

5, The Warren County Probate/Juvenile Court had previously entered intoa contractual relationship with Respondent, under which Respondent agreed torepresent indigent persons before the Court by court appointment, and the parties hadestablished a course of dealing whereby at the time of the appointment, the Courtwould place an Order of record, a telephone call would be made to Respondent tonotify him of the assignment, and a copy of the Order assigning him would be mailed tohim as well as the client.

6. The Probate Court scheduled a. trial date of May 20, 2013, and mailed acopy of this assigned date to Respondent as well as his client (EYhibit "B").

7. Respondent's client, Barbara Dahn, telephoned Respondent at least sixtimes, leaving messages for him, requesting an appointment in order to discuss thecase and prepare for the trial on May 20th. Respondent never returned any of hertelephone calls.

8. Respondent did not communicate in writing or by telephone with hisclient Barbara Dahn.

9. On May 20, 2013, Barbara Dahn appeared at Probate/Juvenile Court forher trial, having never met, talked to, or corresponded with Respondent.

10. Respondent did not appear at the scheduled trial on May 20, 2013, nordid the Probate/juvenile Court receive any communication from Respondentrequesting a continuance because of his unavailability or for any reason in connectionwith this matter although Respondent had regularly appeared in the Probate/JuvenileCourt on other matters within the month preceding May 20, 2013.

11. On May 20, 2013, court personnel attempted to contact Mr. Thornton bytelephoning him at the telephone number furnished by Respondent, which is the sametelephone number listed with the Supreme Court of Ohio. There was no answer, andseveral telephone messages were left over the course of the next few days. To date,Respondent has failed to respond, or communicate with the Court in any fashion.

12. As a result of the failure of the Respondent to appear on May 20, 2013,the Court immediately removed him as counsel for Barbara Dahn, and assigned herrepresentation to other counsel, and continued the trial to another date.

2

13. Prior to May 20, 201.3, In 2012, Respondent had established a pattern ofoccasional tardiness and unexplained absences from Court, and was notifiedpersonally by Tony Bragano, Court Administrator, that continued similar conductwould result in the removal of Respondent from the assigned counsel list for the Court.

14. Upon receipt of written Complaint against Respondent, Relator, by itsBar Counsel, wrote to Respondent advising him of the Complaint, and requesting awritten response within ten days. Said notice was sent by ordinary mail and certifiedmail, and was received by persons at the address of Respondent's office as listed withthe Supreme Court of Ohio.

15. To date, Respondent has failed to respond to the Notice of Complaint, orcooperated in the investigation. A copy of the Notice is attached, marked as Exhibit "C".

16. Relator then assigned this matter for investigation, and a second letterwas sent to Respondent at his same address, both by certified mail and ordinary mail.A copy of said letter is attached, marked as Exhibit "D ".

17. Said letter was not claimed, and ultirnately was returned (copy attached,Exhibit "E"). The ordinary mail letter was not returned.

18. All mailings of notices of hearings, appointments, Notices of Complaintsbe Relator to Respondent, and notices of investigation to Respondent were all mailedto Respondent at the address listed with Supreme Court of Ohio; to wit 791 E. Hatt-Swank Road, Loveland, Ohio 45140, and all telephone messages were left at thetelephone number listed by the Supreme Court of Ohio; to wit (513) 310-8694,

19. William H. Kaufman, one of the investigators for Relator, calledRespondent, and left two messages on an answering machine identifying Respondent'soffice, requesting return telephone calls. Respondent has failed, to date, to respond inany fashion to those calls, and has failed to furnish to the investigators any writtenexplanation of his conduct as alleged. On September 3, 2013, an additional telephonecall was placed to Respondent's telephone number, (513) 310-8694, and an additionaltelephone message tivas left for Respondent. The answering machine continued toidentify the telephone number to be that of Kevin Thornton, Attorney at Law.

C®tJNT OIVE

20. Said conduct constitutes a violation of Rule 1.1, Rules of ProfessionalResponsibility, which requires that a lawyer shall provide competent representation tothe client, including adequate preparation.

3

COUNT TWO

21. Said conduct constitutes a violation of Rule 1.3, Rules of ProfessionalResponsibility, which requires that a lawyer shall act with reasonable diligence.

COUNT THREE

22. Said conduct constitutes a violation of Rule 1.4, Rules of ProfessionalResponsibility, which requires communication with the client,

COUNT FOUR

23. Said conduct constitutes a violation of Rule 8.1, Rules of ProfessionalResponsibility, which provides that a Iawyer shall not fail knowingly to respond to anauthorized disciplinary investigation.

CONCLUSION

Wherefore, pursuant to Gov. Bar R. (V) and the Code of Professional Responsibility,Relator alleges that Respondent is chargeable with misconduct; therefore, Relatorrequests that Respondent be disciplined pursuant to Rule V of the Rules of theGovernment of the Bar of Ohio.

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Wilson G. Weisenfelder, Jr. (0 0179)

RENDIGS, FRY, KIELY & DENNIS, LLP600 Vine Street, Suite 2650

Cincinnati, OH 45202(513) 381-9292(513) 381-9206 - FacsimileE-mail: wgw^)rendigs,comAttorney for Relator

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john engie (0009702)Bar Counsel for Warren CountyBar Association

Certified Grievance Committee42 E. Silver StreetLebanon, OH 45036(513) 932-2047(513) 932-3269 - Facsimile

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2011029 AH 9: ^1IN THE WARREN COUNTY, OHIO COMMON PLEAS COIJRT

JU VENfILG DIVISION

In the Matter of

J.E. and .I.E.

Alleged Dependent, Neglected Child(ren)

* CASE, NO. I I-D000629***

" ENTRY

This matter is before the Court for appointment of attol•ney. Itis herebyORI}ERED that Kevin Thornton,Attorney is hereby appoitzted as counsel for mother, Barbra Dahn,

It is further OPU),G'REDthat the guardian at litenzlattorney shall take all necessary steps to protect the best

interests of the child, make an independent investigation of the child's cii•cun2 stances and personal lifeiizcluding interview ofclaild and of parent(s), contact appt•opiateschool and medicalpersotiiael andtherapists, review chiid's records and re;lder a r`eport for the benefit of the Cotut pursuant to SupR 48,

AIl fee applications anust be submitted witttin thirty (30) days after the enc3 of the montli in wPlich the latesthearing indicated on the form was held. The Court i-eserves the right to inquire into the legitimacy of anycizaage or service, Failure to coniply with this order niay result in nonpayment of fees.

Compensation for rept-esentation will be niade based on the naaxinluni rate of $50per Txour for out-of-cotu"tservices and $60 per hour .for in-court seavices. 'T'he maximuni cornpensation pernlitted in juvenile

proceedings, ;including guardian ad liteln is $1,000. Conlpensation for representation in contempt of courtwill be made based on the maxinium fee of $300. Parole, pa-obation and all other proceedings notelsewhere classified will be made based on the naaxinaui.rt fee of $500. An appointed counsel is entitled toone fee when one complete proceeding or trial is held in one court for a single client on cliarges or countsarising out of a single incident or a ser.ies of related incidents. In cases invo7ving niultiple charges whereonly one fee is payable, the fee maxitnum shall be based on the highest degree of offetise charged.

The itenvzatio» of llours spent in-couz-t and out-of-court by the attorney is xequired on every n3otion, entryand certifTcation forni submitted. Hours must be itenlized on all fornis in tenth of an hour (6 mintitc)increments,

Distribution:Kevin Thornto3i, Atty.Asst, PrasectitorFiscalFile

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g^l/a reviac;d 3-3-10

L HIBIA

IN THE.MATTER OF;J.E. (I3O13: 08.11,2010) andJ.E. (DOB: 07.12.2009)

JUDGMENT ENTRYCase Number: 11-Dp(p629

On April 8, 2013,this matter cazne beforePRETRIAL. VIS

ITING JUDGE THOMAS R. EII'PS for

The Court finds the folIowing to be in the best interests of the minox child(ren);

On April 8, 2013, this cause caine to be heard for ret 'to Ivic^di^, Z'etn ora p riaI hearing held on the r°ecord, re

AttAne Custody to .Permanent Custoys Adam M p ^'th^vCCS), d^'1Ge , on behalf of Warren Coun y fled bY Assistant Pgardin g e

ty Children Serv rosecutingices Agency {hereiriafter

Attorn.ey Kevin Thornton represents mother _A phone call to his office was Barbara Dahn. Attorney ThomtonBrenner was present representin unanswered. The was not present.and was not able to attend the pre trialahe r^ mother was not present.Zache A^orney Andrewmotion. ry Easter. The father is currently incarcerated

Attorne aring, but might be attending the scheduled trial on the. Assyistant Andrea Ostrowski was present and serves as the Guar '•children

fhe State and Warren Caun hProsecuting A^omeys Julie I^-aR and Adam dlan ad Litem for bothVanHook, also present. ^' Children Services V^ Nice were present and represent

( CCS)• The WCCS caseworker is Megan

The children under consideration are:

J.E. - DOB: 07-12-2009 ^J.E. - DOB: 08-11-2010' now 3 d/ years old.

, now 2 /^ years old.

,.:.......

12f18f2013

EXNIBIT

F

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Court of Common Pleas

Juvemile Divis2o.oWarren County, Ohio

i

Page 2 of 3

The children's full names are protected by use of initials and are fully listed in the Court case filesand journal records of this case.

It appears from a review of the record that:

The parents of these children were never married to one another. The father formallyacknowledged both children at their birth. During the case the father filed a.Motion to Dis-establish Paternity and Request DNA Testing, claiming that he had reason to suspect he was not thebiological father of the children. The Court ordered genetic DNA testing but the father failed toappear for the test. His Motion to Dis-establish Paternity was denied on 4-19- 2012.

In December 2010, the children came to the attention of the WCCS upon a referral that the parentswere abusing drugs, that the home was unsanitary and that the parents and relatives living in thehome were not properly caring for the children. A safety plan was developed and the parentsagreed to certain services.

On 3-1 2011, the WCCS filed a complaint alleging neglect and dependency regarding bothchildren. The complaint alleged that the parents and relatives did not follow through with theiragreement for services, that the home remained unsanitary and that the parents continued to usecocaine and heroin.

On 3-1-2011 the same day that the complaint was filed, the Court held an emergency hearing inaccordance with Juvenile Rule 13. Both of the children, J.E. and J.E., were placed in the interimcustody of the WCCS and placed in a foster home, where they still remaiii today - a period nowover 2 years.

On 5-2-2011, after certain stipulations both children adjudicated dependent. The allegation ofneglect was ignored. Both children remained in the foster home.

On 6-3-2011, a dispositional hearing was held. Both children were placed in the dispositional statusof temporary custody to WCCS. Both children remained in the foster home. A case plan wasdeveloped with the goal of reunification toward either or both parents.

4n 3-14-2012, temporary custody was extended.

In August 2012, the father was removed from the re-unification case plan due to non complianceand non communication.

On 9-5-2012, temporary custody was extended for the second time - the last allowed by law,

On 2-5-2013, Warren County Children Services filed a Motion to modify temporary custody topermanent custody.

On today, April 8, 2013, a pre trial hearing was held. It appears that service of the motion on theparties is cona.pleted. No discovery issues were brought to the attention of the Court.

This matter is continued for trial regarding the motions to modify temporary custody to permanentcustody for botli children. The trial on the matter is scheduled for a full-day trial on May 20, 2013at 8:30 a.m.

Matter shall remain open until fizrther order of the Court.

Page3of3

Any party may file an appeal to this decision within thirty days. Such party shall not assign aserror on appeal the Court's adoption of any finding of fact or conclusion of law in this decisionunless the party timely and specifically objects to that finding or conclusion as required by Juv. R.40(D)(3)(b)(iv).

E3ectronicall Filed

Juvenile CourtWarren County, Ohio04/08/21013 03:15 PMRobert Peeler, Judge& Ex-Officio Clerk

VISITING JUDGE THOMAS R. LIPPS, JUDGE

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! hereby certify tha py of the attached jujement n try was sent by reguiar/certifed/other to the above listed

parties on M_____^ o^i~3 by ^ ^.h.t (DptY. Clerk)

Retum fleceipt Fee(Endorsement Requlred)

Restdcted Delfvery Fee(Endorsement Required)

:ounty bar A68oCiatlon500 Jugtice Drivebanon, Ohio 45036

www:rarrenbnnorg

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^D ►/ rtd ^ ^ ^-1 ^lSI'^e9Respond to

Certified and Regular MailPersonal and Confidential

Kevin Thornton791 E. Hatt-Swank Rd.Loveland, OH 45140

RE:

Dear Mr, Thornton,

Cvmplaint Against Kevin Thornton,

John S. MengleBar Counsel42 East Silver StreetLebanon, OH 45036(513) 932-2047

- ,-- -Please be advised I serve as Bar Counsel for the Warren County Certified Grievance

Committee. Enclosed please fmd a copy of a Request for Investigation received by theCommittee.

Please provide yoli"r vvtitten resporise to this coriiplairit'Wzthin ten days of this letfeir tci theaddress shown above. Please attach any documents or exhibits you wish to have considered withyour reply.

Your duty to cooperate and respond is mandated by the Ohio Rules for the Governmentof the Bar Rule V section 4(G).A copy of your response may be provided to the complainantabsent your specific request that it not be.

S' ly,

John S. Mengle

JSI!!UjssEnclosurecc: Chair, Christopher Watkins

^ EXNIBIT^

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in Complete items 1, 2, and 3< Also corriptete A S,gnature

item 4 if Restric:ted Deiivery is desired.n Print your nanire and address on the reverse x^"'^ G`` ^^` ° ® H^er`t

so that we can return.the card toyou. © Addresseex Attach this card to the back of the maUpiece, g Received by (Printed n1 e) C. oat^ f pzi,,,e

or on the front if space permits,

i. Article Addressed to: D. is de I ress different m Ite ? 0 YeaIf YES, enter delivery address below: i7J i`dn

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4, Restrlcted Delivery? {Extra Fee) ® Yes2. Article Number

(rr~anster trom service jabeg 7011 3500 0000 8 5343086PS For.m 3$11, February 2004 Domestic Return fieceipt

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WILLIAM H. KAUFMAN

MARK FLORENCE

WM. RQBERT KAUFMAN

}I.lly 1. i, 21-113

PERSONAL AND CONFIDENTIALVIA CERTIFIED MAIL and ORDINARY MAILKevin ThorntonAttorney at Law791 E, iiatt-Swank RoadLoveland, Ollio 45140

Re: Warren County Bar Association Certified Grievance Investigation

I?ejti- Mr. Tbornton;

51 3-932- 1 51 5

FAX 513-932-9172

Wiii `v"veisenfeldc,.r aild I have been appointed to investigate a cori7plairlt agasnst vouP,egir,r tltat Yt it'r;t:r.lt reasol:, or explanaci2.:11, you >=aiiE:d to appear foi- zap ai, day scheduled

il,.fth;=t , E.^dl"bc?"a 'Dai- 1"1, and V:Ju `J'Y'ei'e a5:;pC'.iliLetl t)i"1 this d2'i:attt'!" by i.hC PJY.3b;tte/ji1e7( 1;;1]e

CL`t.trt.

Depenctiri; upon the circumStances, an Lls-iexplained and unexcused fai:ure to attenda riEaririg of tf;is rnagniri:de zmay constittlte a violation of various portions of tfle code ofpr;zFessional responsibility. You also have a duty to cooperate in this investigation. IL[xrltc' 'Si aild {ii(at. ha]" cs.1:li;s+'l, John NTt'rfglt', tNr:.)te;%ol.t on June 21, 201'j recILl2Sting a written

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t;?^--,t le'tei .;ro;^ x"iavc, presu^naLlS- tr.^^ hc;;Il d:°t~ac h :r, a few days. Will and Iv1!u6ltl like to meet with, yotl, or at least 1a^eeL Vt'itl'•t :',tl::' C'•i LI;i 'c1s ParC Cf Jur iT;i,estig3tion. I

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:5ALFIvTAN & F'I<Uf'ENCE>

Wiiii:im H kaurman

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KAUFMAN & FLORENCE

ATTORNEYS AT LAW

P. 0. Box 28O1 44 EAST MULBERRY STREET

LEBANON, Oa-tio 45036

EXHIBIT

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2. Article Number •• • e DELIVERY

A. Rd by (Please nt CEeariy) B. Date of Deliverys 7o , • .^ , ^... .

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719Ee 9008 9111 7656 4213 AddresseeD. Is c{elivery address diiEerent from item 9? L__J Yes

If 1?tS, enteir dek'ivery address below: ^ No

3. Service Type CERTIFIED PotA1LT^'

4. Restricted Delivery? (Extra Fee) C i Yes

1, Article Addressed to:

Referenee IftformationKevin W. Ticrnton

791 E. 1-Ia1t-Swank Road Case No. 14-008Thornton Pc materialsLoveiattd, QH 45140

I3oc/g&d

PS Form 3811, January 2005' Comestlc Return Receipt_ ^

'T.e $uj3rrxni Co^xx# aaf ®Jn^BOARD OF COMMISSIONERS ON GRIEVANCES & DISCIPLINE

65 SOCPrH FRONT STItF.FT, 5- FLOOR, COLUMBUS, OH 43215-3431

Telephone: 614.387.9370 Fax: 614.387.9379

dvww.supremecourt.ohio.gov

DAVID E. TSCHANTz

CHAIR

PAUL M. DE MARCO

VICE- CHAIR

March 4, 2014Kevin William Thornton791 E. Hatt-Swank Rd.Loveland, OH 45140

RICHARD A. DO'VE

SECRETARY

MICHELLE A. HALL

SENIOR COUNSEI.

Re: Warren County Bar Association v. Kevin William Thornton, Case No. 2014-008

Dear Mr. Thornton:

On February 3, 2014, the Board of Commissioners on Grievances and Discipline certifieda formal complaint naming you as the respondent in the above-captioned disciplinary matter. Acopy of the enclosed complaint was sent to you via certified mail and service was completed onFebruary 5, 2014. As of the date of this letter, the Board has not received your answer to theformal complaint or a motion to extend the time for filing an answer.

Pursuant to Gov. Bar R. V, Section 6a, you are hereby notified that the Board will certifyyour default to the Supreme Court thirty days from the date of this letter. To avoid certificationof default, you must file an answer to the formal complaint with the Board prior to the expirationof the thirty-day period. No extension of time to file an answer is authorized by the rule.

Please note that the certification of default may result in your immediate suspension from

the practice law by the Supreme Court of Ohio.

If you have questions regarding this matter, please contact the Board of Commissioners

on Grievances and Discipline at (614) 387-9370.

S^we y,

Richard A. Dove

Enclosurecc: John S. Mengle

Christopher WatkinsWilson G. Weisenfelder, Jr.