On Thursday, October 31, 2024, the Supreme Court of Ohio issued a ruling revoking the stay of a two-year suspension for attorney Brian Nicholas Gernert, finding him in contempt for failing to comply with the court’s previous order. The court had initially suspended Gernert on May 23, 2024, but allowed the suspension to be stayed under specific conditions aimed at ensuring his rehabilitation following alcohol-related offenses.
The case is entitled “In the Matter of Brian Nicholas Gernert,” with case no. 2024-0173.
In an earlier ruling, the Supreme Court suspended Gernert from practicing law for two years, with the suspension fully dependent upon his adherence to several conditions. These included compliance with the Ohio Lawyers Assistance Program (OLAP), completion of continuing legal education (CLE) hours focused on alcoholism and substance abuse, and maintaining a clean record during a two-year probation period. The court made it clear that any failure to meet these conditions would result in the immediate enforcement of the suspension.
The case against Gernert began when disciplinary counsel filed a complaint accusing him of ethical violations related to multiple operating a vehicle while intoxicated convictions in May and September 2022, as well as failure to prosecute a case due to intoxication in May 2023. Gernert had previously served as the interim law director for Bucyrus, Ohio, and was appointed in October 2021.
The Supreme Court recognized Gernert’s prior efforts toward rehabilitation, which included completing inpatient treatment for alcohol dependency and attending Alcoholics Anonymous meetings. However, the court also highlighted concerns regarding his sustained sobriety, particularly following a relapse in September 2023. Despite these mitigating factors, the court deemed that Gernert’s pattern of misconduct warranted a more stringent penalty than initially considered.
The October 31, 2024 ruling confirmed that Gernert was found in contempt for failing to comply with the terms established in the earlier order. As a result, the court ordered that the stay on his suspension be lifted, mandating that he serve the full two-year suspension. This ruling prohibits Gernert from practicing law in any capacity, which includes representing clients or providing legal advice.
In addition to the suspension, the court outlined several immediate actions Gernert must undertake. He is required to notify all clients of his suspension, deliver any papers or property related to pending matters, refund any unearned fees, and inform opposing counsel of his disqualification. Gernert must also file an affidavit with the court demonstrating compliance with these directives.
The Disposition states:
“Upon consideration thereof, it is ordered and adjudged by this court that the motion to lift stay is granted and that respondent, Brian Nicholas Gernert, Attorney Registration No. 0089507, last business known address in Bucyrus, Ohio, is found in contempt for failure to comply with the court’s May 23, 2024 order. It is further ordered that the previously imposed stay of the suspension is revoked and that respondent shall serve the entire two-year suspension.”
According to avvo.com, Mr. Gernert is a business attorney in Bucyrus, Ohio. He acquired his law license in Ohio in 2012.
A copy of the original filing can be found here.
