The state supreme court ruled that the case be remanded back to the board for further proceedings and announced it will vacate the suspension “if Wilcoxson demonstrates he is in compliance with court rules and proceeds with the disciplinary process.”
Efforts to reach Wilcoxson for comment were unsuccessful.
In the case of Dayton Bar Association v. Wilcoxson, the court said it would terminate the suspension if he files with the court proof of the filing of an answer, an affidavit of compliance as ordered and proof of his compliance with professional standards.
Two Ohio Supreme Court Justices, Terrence O’Donnell and Patrick F. Fischer, dissented in part from the the decision and would have denied the motion to vacate the interim default suspension.
Last fall, Wilcoxson unsuccessfully ran against Judge Anthony Capizzi for a term on the county’s juvenile court bench.
The complaint against Wilcoxson was brought by Timothy Sawyer of Dayton, who alleged Wilcoxson neglected to adequately represent him in a racial discrimination case from late 2014.
The complaint said Wilcoxson didn’t timely file court documents, which led to the case being dismissed from Dayton’s U.S. District Court. Wilcoxson didn’t inform his client of the case being dismissed and didn’t provide documents to Sawyer’s new attorney, according to the complaint.
During investigation of the claim, an attorney appointed by the Dayton Bar Association wrote that Wilcoxson didn’t respond to repeated requests for information.
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