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In the Nude Again

Cincinnati- Lawyers, prosecutors and judges are entitled to do their jobs even while mentally ill – as long as the illness remains under control, officials say. But if the illness leads to criminal behavior or affects job performance, their law licenses could be jeopardized.

Hamilton City Prosecutor Scott Blauvelt, 35, already is charged with two misdemeanor counts of public indecency.

He also is likely to face disciplinary proceedings against his law license, officials say.

Blauvelt’s mental condition has been a subject of discussion since authorities alleged security cameras captured images of him walking naked, by himself, in Hamilton’s Government Services Center last week.

Officials have also expressed concern over reports that Blauvelt was unclothed and alone after a car crash in June 2005 in Union County, Ind.

His attorney, Mike Gmoser, has said mental illness, medication and a brain injury from the wreck might have been factors in Blauvelt’s bizarre behavior.

Last year, an Ohio attorney-discipline board handled 94 cases; two resulted in suspensions for mental illness.

But mental and emotional issues have been playing a role in far more cases than that number reflects, says Jonathan Marshall, secretary of the Ohio Supreme Court’s Columbus board that handles attorney-discipline cases.

“Since he (Blauvelt) has been charged, it will eventually come to the attention of the Disciplinary Counsel,” which investigates attorney-misconduct allegations, Marshall said.

Those investigations are secret unless investigators publicly file misconduct allegations.

If found guilty of misconduct, lawyers face reprimand, suspension or revocation of their licenses to practice law.

Ohio lawyers are forbidden from engaging in “conduct that adversely reflects on the lawyer’s fitness to practice law.”

No one tracks how many times mental and emotional factors are cited in disciplinary cases, but Marshall says they arise more frequently than in years past.

There’s more mental stress in society now, he said, and there’s also more open communication about it.

Blauvelt’s status as a city employee on paid administrative leave remains unchanged following a pre-disciplinary hearing Wednesday.

City officials have five days to decide whether to take any additional personnel action.

A special prosecutor and visiting judge are being appointed to oversee the case involving Blauvelt’s misdemeanor indecency charges.

A hearing is set for Oct. 24 in Hamilton Municipal Court.


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