[Cite as In re Resignation of Kingsbury, ___ Ohio St.3d ___, 2024-Ohio-90.]

IN RE RESIGNATION OF KINGSBURY.

[Cite as In re Resignation of Kingsbury, ___ Ohio St.3d ___, 2024-Ohio-90.]

Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. 

VI(11)(C).

(No. 2023-1515—Submitted January 9, 2024—Decided January 12, 2024.)

ON APPLICATION FOR RETIREMENT OR RESIGNATION

PURSUANT TO GOV.BAR R. VI(11).

_________________

{¶ 1} Dorothea Jane Kingsbury, Attorney Registration No. 0009993, last 

known business address in Mayfield Village, Ohio, who was admitted to the bar of 

this state on November 6, 1981, submitted an application for retirement or 

resignation pursuant to Gov.Bar R. VI(11). The application was referred to 

disciplinary counsel pursuant to Gov.Bar R. VI(11)(B). On November 30, 2023, 

the Office of Attorney Services filed disciplinary counsel’s report, under seal, with 

this court in accordance with Gov.Bar R. VI(11)(B)(2).

{¶ 2} On consideration thereof, it is ordered by the court that pursuant to 

Gov.Bar R. VI(11)(C), the resignation as an attorney and counselor at law is 

accepted as a resignation with disciplinary action pending.

{¶ 3} It is further ordered and adjudged that from and after this date all 

rights and privileges extended to respondent to practice law in the state of Ohio be 

withdrawn, that henceforth respondent shall cease to hold herself forth as an 

attorney authorized to appear in the courts of this state, and that respondent shall 

not attempt, either directly or indirectly, to render services as an attorney or 

counselor at law to or for any individuals, corporation, or society, nor in any way 

perform or seek to perform services for anyone, no matter how constituted, that 
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must by law be executed by a duly appointed and qualified attorney within the state 

of Ohio.

{¶ 4} It is further ordered that respondent desist and refrain from the 

practice of law in any form, either as principal or agent or clerk or employee of 

another, and hereby is forbidden to appear in the state of Ohio as an attorney and 

counselor at law before any court, judge, board, commission, or other public 

authority, and hereby is forbidden to give another an opinion as to the law or its 

application or advise with relation thereto.

{¶ 5} It is further ordered that before entering into an employment, 

contractual, or consulting relationship with any attorney or law firm, respondent 

shall verify that the attorney or law firm has complied with the registration 

requirements of Gov.Bar R. V(23)(C). If employed pursuant to Gov.Bar R. V(23), 

respondent shall refrain from direct client contact except as provided in Gov.Bar R. 

V(23)(A)(1) and from receiving, disbursing, or otherwise handling any client trust 

funds or property.

{¶ 6} It is further ordered that respondent shall not enter into an 

employment, contractual, or consulting relationship with an attorney or law firm 

with which respondent was associated as a partner, shareholder, member, or 

employee at the time respondent engaged in the misconduct that resulted in this 

acceptance of respondent’s resignation with discipline pending.

{¶ 7} It is further ordered that respondent shall surrender respondent’s 

certificate of admission to practice to the clerk of the court on or before 30 days 

from the date of this order and that respondent’s name be stricken from the roll of 

attorneys maintained by this court.

{¶ 8} It is further ordered by the court that within 90 days of the date of this 

order, respondent shall reimburse any amounts that have been awarded against 

respondent by the Lawyers’ Fund for Client Protection pursuant to Gov.Bar R. 

VIII(7)(F). It is further ordered by the court that if after the date of this order the 
January Term, 2024

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Lawyers’ Fund for Client Protection awards any amount against respondent 

pursuant to Gov.Bar R. VIII(7)(F), respondent shall reimburse that amount to the 

Lawyers’ Fund for Client Protection within 90 days of the notice of that award.

{¶ 9} It is further ordered that on or before 30 days from the date of this 

order, respondent shall do the following:

{¶ 10} 1. Notify all clients being represented in pending matters and any 

cocounsel of respondent’s resignation and consequent disqualification to act as an 

attorney after the effective date of this order and, in the absence of cocounsel, also 

notify the clients to seek legal services elsewhere, calling attention to any urgency 

in seeking the substitution of another attorney in respondent’s place;

{¶ 11} 2. Regardless of any fees or expenses due, deliver to all clients being 

represented in pending matters any papers or other property pertaining to the client 

or notify the clients or cocounsel, if any, of a suitable time and place where the 

papers or other property may be obtained, calling attention to any urgency for 

obtaining such papers or other property;

{¶ 12} 3. Refund any part of any fees or expenses paid in advance that are 

unearned or not paid and account for any trust money or property in the possession 

or control of respondent;

{¶ 13} 4. Notify opposing counsel or, in the absence of counsel, the adverse 

parties in pending litigation of respondent’s disqualification to act as an attorney 

after the effective date of this order and file a notice of disqualification of 

respondent with the court or agency before which the litigation is pending for 

inclusion in the respective file or files;

{¶ 14} 5. Send all notices required by this order by certified mail with a 

return address where communications may thereafter be directed to respondent;

{¶ 15} 6. File with the clerk of this court and disciplinary counsel of the 

Supreme Court an affidavit showing compliance with this order, showing proof of 
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service of the notices required herein, and setting forth the address where 

respondent may receive communications; and

{¶ 16} 7. Retain and maintain a record of the various steps taken by 

respondent pursuant to this order.

{¶ 17} It is further ordered that until such time as respondent fully complies 

with this order, respondent shall keep the clerk and disciplinary counsel advised of 

any change of address where respondent may receive communications.

{¶ 18} It is further ordered that all documents filed with this court in this 

case shall meet the filing requirements set forth in the Rules of Practice of the 

Supreme Court of Ohio, including requirements as to form, number, and timeliness 

of filings. All case documents are subject to Sup.R. 44 through 47, which govern 

access to court records.

{¶ 19} It is further ordered that service shall be deemed made on respondent 

by sending this order and all other orders in this case to respondent’s last known 

address.

{¶ 20} It is further ordered that the clerk of this court issue certified copies 

of this order as provided for in Gov.Bar R. V(17)(E)(1) and that publication be 

made as provided for in Gov.Bar R. V(17)(E)(2).

KENNEDY, C.J., and DEWINE, DONNELLY, STEWART, BRUNNER, and

DETERS, JJ., concur.

FISCHER, J., dissents, with an opinion.

_________________

FISCHER, J., dissenting.

{¶ 21} I have written multiple times regarding my disapproval of this 

court’s accepting attorneys’ applications to resign from the practice of law when 

they have disciplinary action pending. See In re Resignation of Leone, 160 Ohio 

St.3d 1227, 2020-Ohio-2997, 155 N.E.3d 950 (Fischer, J., dissenting); In re

Resignation of Berling, 161 Ohio St.3d 1275, 2020-Ohio-5060, 164 N.E.3d 501 
January Term, 2024

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(Fischer, J., dissenting); In re Resignation of Wiggins, 163 Ohio St.3d 1290, 2021-

Ohio-1347, 170 N.E.3d 915 (Fischer, J., dissenting). Allowing attorneys to resign 

when disciplinary action is pending against them is problematic for multiple 

reasons. See Leone at ¶ 26-43 (Fischer, J., dissenting). However, most relevant to 

this case is the issue of client restitution. As I have repeatedly pointed out, allowing 

attorneys who owe their clients money to resign before disciplinary action is 

resolved benefits the attorney at the cost of the Lawyers’ Fund for Client Protection, 

other attorneys, the Ohio Attorney General, and the public. See id. at ¶ 32-40 

(Fischer, J., dissenting); Berling at ¶ 25-30 (Fischer, J., dissenting).

{¶ 22} While I am unable to share the details of the report that has been 

submitted to this court under seal by disciplinary counsel against the applicant 

seeking to resign, Dorothea Jane Kingsbury, the concerns I have previously raised 

apply equally here. The following information is readily available through public 

sources.

{¶ 23} On February 6, 2019, Kingsbury was indicted on four counts of theft, 

one count of telecommunications fraud, and four counts of money laundering. State 

v. Kingsbury, Cuyahoga C.P. No. 636132-19-CR (Feb. 6, 2019). Kingsbury was 

accused of stealing large amounts of money from her clients, many of whom were 

elderly or disabled. Id.; see also Ohio Supreme Court Suspends Ex-attorney 

Sentenced to Prison for Stealing from Clients’ Special Needs Trusts (Mar. 23, 

2023), https://www.cleveland.com/court-justice/2023/03/ohio-supreme-courtsuspends-ex-attorney-sentenced-to-prison-for-stealing-from-clients-special-needstrusts.html (accessed Dec. 21, 2023) [https://perma.cc/XN9N-3DF3]; WKYC 

Studios, Former Cleveland Attorney Sentenced to 4 Years in Prison for Stealing 

More than $1 Million from Developmentally Disabled (Mar. 15, 2023), 

https://www.wkyc.com/article/news/crime/former-cleveland-attorney-sentencedstealing-developmentally-disabled/95-62567161-d2b2-473b-8eab-8ed782a3aab1 

(accessed Dec. 21, 2023) [https://perma.cc/B89K-8VL9]. Then, on October 30, 
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2019, Kingsbury was indicted on five counts of fraudulent actions concerning a tax 

return. State v. Kingsbury, Cuyahoga C.P. No. 645251-19-CR (Oct. 30, 2019).

{¶ 24} Kingsbury pled guilty to attempted theft, a second-degree felony, 

with forfeiture specifications; theft, a second-degree felony, with forfeiture 

specifications; money laundering, a third-degree felony; and filing incomplete, 

false, and fraudulent returns, a fifth-degree felony. She was sentenced to a prison 

term of four years and ordered to pay restitution to her victims totaling $750,000. 

Kingsbury, Cuyahoga C.P. Nos. CR-19-636132-A and CR-19-645251-A (Mar. 15, 

2023).

{¶ 25} This court received a notice of felony conviction for Kingsbury on 

March 21, 2023, and suspended her from the practice of law for an interim period 

pursuant to Gov.Bar R. V(18)(A)(4) on March 23, 2023. In re Kingsbury, __ Ohio 

St.3d __, 2023-Ohio-920, __ N.E.3d __. Then, on November 30, 2023, we received 

her application for retirement or resignation.

{¶ 26} As of today, Kingsbury has been ordered to pay $750,000 in 

restitution to the clients that she wronged, Kingsbury, Cuyahoga C.P. Nos. CR-19-

636132-A and CR-19-645251-A (Mar. 15, 2023), but so far, she has paid only 

$125,000 toward that restitution, Kingsbury, Cuyahoga C.P. No. CR-19-636132-A 

(Dec. 16, 2020). Furthermore, the Lawyers’ Fund for Client Protection has paid a 

total of at least $200,000 to two of Kingsbury’s client-victims. Court News Ohio, 

Victims of Attorney Theft Awarded Over $465,000 (Sept. 18, 2023), 

https://www.courtnewsohio.gov/happening/2023/LFCPSept_091823.asp 

(accessed Dec. 21, 2023) [https://perma.cc/W23K-RC25].

{¶ 27} Kingsbury is currently incarcerated and suspended from practicing 

law in this state. But until she pays back the clients that she has wronged—to which 

she still owes over $600,000 in restitution—I would deny her request to resign from 

the practice of law, since granting the request would allow her to avoid disciplinary 

proceedings. Therefore, I respectfully dissent.
January Term, 2024

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_________________