Campbell Law Director Brian Macala, who is running for that city’s municipal court judge, is seeking a public reprimand for forging clients’ signatures on court documents while the Mahoning County Bar Association wants him to get a one-year stayed suspension.

Both sides want Macala to continue to be permitted to practice law, but the final decision rests with the Ohio Supreme Court.

The bar association is recommending a one-year suspension for Macala, but for it not to be enforced “on the condition he engage in no further misconduct.”

The two sides had a hearing Monday in front of a three-member panel of the Ohio Supreme Court’s Board of Professional Conduct in Columbus on the allegations against Macala.

The panel is expected to report to the full board at its next meeting, Dec. 8, with its recommendation, said Rick Dove, director of the Board of Professional Conduct. The board would file its recommendation shortly after that with the Ohio Supreme Court, which makes the final decision.

The board panel on Monday heard from both sides on three alleged violations of the court’s Rules of Professional Conduct for attorneys.

The conduct violations are “communication”: a lawyer shall keep the client reasonably informed about the status of a legal matter; “candor toward the tribunal”: a lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to a tribunal by a lawyer; and “professional misconduct”: engage in conduct involving dishonesty, fraud or misrepresentation.

Both sides agreed — and the panel concurred — to dismiss two other alleged violations: failure to act with reasonable diligence and promptness in representing a client, and professional misconduct for committing an illegal act that reflects adversely on the lawyer’s honesty or trustworthiness.

Macala is running against Mark J. Kolmacic in Tuesday’s election for Campbell Municipal Court judge. The court’s jurisdiction is Campbell and Coitsville.

Incumbent Judge Patrick P. Cunning, who has served for close to 18 years, cannot seek reelection this year because of the state’s age limit law for judges.

Macala was elected law director in 1995 and lost to Kolmacic in 2007. Macala beat Kolmacic for law director in 2011 and has held it ever since. Kolmacic unsuccessfully challenged Macala in 2015 and 2021.

The two lost to Cunning in 2005, the last time the judicial position didn’t have an incumbent seeking it. Kolmacic has unsuccessfully run for the position two other times, in 1999 and 2017.

The complaint filed by the Mahoning County Bar Association against Macala, for a case from his private law practice in Salem, states that on May 17, 2022, he signed the names of five people on probate filings regarding two estates in order to get a time extension.

Macala admits to filing the documents with forged signatures in Mahoning County Probate Court.

He was fired by the executor of the two estates after the forgeries were discovered by his clients.

No money was paid to Macala prior to his termination, according to a joint filing by David C. Comstock Jr., representing the bar association, and John B. Juhasz, Macala’s attorney.

That filing also states Macala has no prior disciplinary record and “has made full and free disclosure to the bar investigator, to relator (the bar association) and to the board and exhibited a cooperative attitude toward the proceedings,” and “is of good character and reputation.”

Macala also apologized to the executor / fiduciary of the two estates “for his actions and expressed an understanding of (her) decision to terminate him regarding the forgeries,” the joint filing reads.

A filing by Comstock states it is believed that Macala’s “isolated conduct is unlikely to be repeated,” and asked for a “one-year suspension, fully stayed on the condition he engage in no further misconduct.”

Juhasz requested a public reprimand for Macala because of his lack of prior discipline, he disclosed what happened to the bar association and cooperated, his good character and reputation, the conduct did not involve his public office, his genuine remorse and the estates were not impacted by his acts.