The stayed suspension would be on the condition of no further misconduct.
The court will consider the recommendation to lift Wilcoxson’s sanction from the Board of Professional Conduct, which found mitigating factors including “no prior discipline, absence of a selfish or dishonest motive and good character and reputation.”
Efforts to reach Wilcoxson for comment were unsuccessful.
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Wilcoxson had faced an interim default suspension because he had failed to file an answer to a formal complaint pending before the board.
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.
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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.
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During investigation of the claim, an attorney appointed by the Dayton Bar Association wrote that Wilcoxson didn’t respond to repeated requests for information.
Wilcoxson unsuccessfully ran against Judge Anthony Capizzi for a term on Montgomery County’s juvenile court bench.
Wilcoxson and assistant county prosecutor Julie Bruns have pulled petitions to run for the bench after the term of Judge Nick Kuntz expires Dec. 31, 2018.
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