disciplinary handbook: volume v - Supreme Court - State of Ohio

More documents

Recommendations

Info

Case Summaries- 132 one estate over $8,000 in debit withdrawals minimized the mitigating impact of the voluntary repayment. There was no evidence of substance abuse or mental illness for mitigation. The court discussed higher standard of ethical conduct for judges, clear and convincing evidence, and applicable precedent. The Supreme Court agreed with the Board‘s recommended sanction of disbarment and so ordered. Rules Violated: DR 1-102(A)(4) , 1-102(A)(5), 1-102(A)(6), 2-106(A), 6-101(A)(3), 9-102(B)(3); Code of Judicial Conduct Canons 1, 2, 3(B)(9), 3(E)(1), 4, 4(A) Aggravation: (b), (c), (d), (f), (g), (i). Mitigation: (a), (e) Prior Discipline: NO Procedure/ Process Issues: YES Criminal Conduct: NO Public Official: YES Sanction: Disbarment
Howard, Disciplinary Counsel v. 123 Ohio St.3d 97, 2009-Ohio-4173. Decided 8/25/2009. Case Summaries- 133 On August 30, 2007, respondent received and interim felony suspension in In re Howard, 114 Ohio St.3d 1515, 2007-Ohio-4425. In April 2007, respondent pleaded guilty to assault with a deadly weapon in violation of R.C. 2903.11, a felony of the second degree, and to inducing panic in violation of R.C. 2917.31(A), a felony of the fifth degree. The underlying incident occurred on the night of January 19, 2007 when a Dayton police officer entered the back yard of respondent‘s residence to investigate a vehicle that the officer thought was stolen. A standoff between the police and respondent lasted several hours. The police had been dispatched in uniform and in a marked cruiser to identify and recover a stolen car found in an alley near respondent‘s home. While waiting for a tow truck in a high crime neighborhood, the officer saw another car parked, almost touching respondent‘s unlit car. The officer fixed his searchlight on the back of the house and got out of the cruise to get the license plate to run a check on the car. Respondent awoke to the search light, but could not see the officers. Respondent discharged a firearm out the window to frighten whoever was in the yard. The officer did not identify himself as the police, but shouted ―Hey Buddy, did you throw something or shoot something at me?‖ He heard only a low growl. After circling the house, he saw someone at an open window. He shined his flashlight and demanded, ―Now are you going to talk to me now or what.‖ The officer saw a white arm reach out with a black handgun. Respondent fired the gun and closed the window quickly. Backup officers arrived, secured the area, blocked traffic, warned neighbors to remain indoors, and attempted to communicate by telephone and a bullhorn. The bullhorn was respondent‘s first indication that the person in the backyard was a police officer. The SWAT team was called in. They found a bullet hole in the first officer‘s car in the rear passenger door. Respondent refused to leave the house, until tear gas forced him out. He was sentenced in April 2007 and placed under five years of intensive community supervision, requiring him to undergo crisis care assessment and comply with recommended treatment; attend a ―Victim Impact Panel/Victim of Violence program; obtain verifiable full-time employment; move from that address; and pay all court costs, a $50 supervision fee, and restitution of $6,198.95. Because of his good behavior, the court modified the terms of the sentence in May 2008 to reduce his intensive community supervision to basic probation and in September 2008 to reduce it to ―monitored time supervision.‖ Board adopted the panel‘s finding that respondent violated DR 1-102(A)(3) and (6). In mitigation, respondent practiced 30 years with no prior discipline; he cooperated; he acknowledge his criminal conduct and convictions he is paying the price for his crimes by paying fines and penalties; he had letters of support of his character and reunion that his family and a retired police sergeant had written for the presentence investigation. BCGD Proc.Reg. 10(B)(2)(a), (d), (f). In aggravation, he shot a loaded handgun twice at a uniformed police officer at short range. Though not an aggravating or mitigating circumstance, respondent‘s explanation for his conduct during the shootoff troubled the panel and board. Among other things he said ―it seemed like he was being attacked by terrorists or something.‖ He believed at the time that the police were trying to hurt of kill him. He did not offer proof of a mitigating mental disability, but he acknowledged a possible problem and promised to comply with any conditions of reinstatement that included a mental-health evaluation. The extenuating facts found by the Board were that respondent lived in a high crime neighborhood, his car had been stolen twice, the investigating officer did not properly identify himself before he began searching respondent‘s property. Panel recommended an indefinite suspension, but the Board recommended a two-year suspension. Supreme Court of Ohio adopted the findings and conclusions of violations of DR 1- 102(A)(3) and 1-102(A) (6) and the recommend sanction of a two-year suspension and so ordered. Rules Violated: DR 1- 102(A)(3), 1-102(A)(6) Aggravation: NONE Mitigation: (a), (d), (f) Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: YES Public Official: NO Sanction: Two-year suspension
Page 1 and 2:
The Supreme Court of Ohio Board of
Page 3 and 4:
Table of Cases Table of Cases- 1 [F
Page 5 and 6:
Drain, Cuyahoga Cty. Bar Assn. v. 1
Page 7 and 8:
Horton, Disciplinary Counsel v. 124
Page 9 and 10:
Markovich, Akron Bar Assn. v. 117 O
Page 11 and 12:
Table of Cases- 9 Ramos, Cleveland
Page 13 and 14:
Table of Cases- 11 Stuard, Becker,
Page 15 and 16:
Case Summaries Allerding, Columbus
Page 17 and 18:
Case Summaries- 15 Archer, Northwes
Page 19 and 20:
Case Summaries- 17 intermittently o
Page 21 and 22:
Bartels, Allen Cty. Bar Assn. v. 12
Page 23 and 24:
Blair, Disciplinary Counsel v. 128
Page 25 and 26:
Case Summaries- 23 Bowling, Discipl
Page 27 and 28:
Broschak, Disciplinary Counsel v. 1
Page 29 and 30:
Brown, Dayton Bar Assn. v. 124 Ohio
Page 31 and 32:
Brown, Allen Cty. Bar Assn. v. 124
Page 33 and 34:
Brueggeman, Disciplinary Counsel v.
Page 35 and 36:
Bunstine, Disciplinary Counsel v. 1
Page 37 and 38:
Bursey, Disciplinary Counsel v. 124
Page 39 and 40:
Butler, Disciplinary Counsel v. 128
Page 41 and 42:
Campbell, Disciplinary Counsel v. 1
Page 43 and 44:
Cantrell, Disciplinary Counsel v. 1
Page 45 and 46:
Cantrell, Disciplinary Counsel v. 1
Page 47 and 48:
Case Summaries- 45 abuse impede his
Page 49 and 50:
Case Summaries- 47 respondent‘s d
Page 51 and 52:
Case Summaries- 49 with a client if
Page 53 and 54:
Case Summaries- 51 not DR 1-102(A)(
Page 55 and 56:
Clovis, Columbus Bar Assn. v. 125 O
Page 57 and 58:
Corrigan, Geauga Cty. Bar Assn. v.
Page 59 and 60:
Cunningham, Butler Cty. Bar Assn. v
Page 61 and 62:
Davis, Disciplinary Counsel v. 121
Page 63 and 64:
Dawson, Cleveland Metropolitan Bar
Page 65 and 66:
DeLoach, Akron Bar Assn. v. 130 Ohi
Page 67 and 68:
Detweiler, Disciplinary Counsel v.
Page 69 and 70:
DiCato, Akron Bar Assn. v. 130 Ohio
Page 71 and 72:
DiMartino, Mahoning Cty. Bar Assn.
Page 73 and 74:
Doellman, Disciplinary Counsel v. 1
Page 75 and 76:
Drain, Cuyahoga Cty. Bar Assn. v. 1
Page 77 and 78:
Ellis, Columbus Bar Assn. v. 120 Oh
Page 79 and 80:
Emerson, Cincinnati Bar Assn. v. 12
Page 81 and 82:
Farah, Toledo Bar Assn. v. 125 Ohio
Page 83 and 84: Farrell, Cincinnati Bar Assn. v. 12
Page 85 and 86: Fink, Akron Bar Assn. v. 131 Ohio S
Page 87 and 88: Folwell, Disciplinary Counsel v. 12
Page 89 and 90: Freedman, Akron Bar Assn. v. 128 Oh
Page 91 and 92: Freeman, Disciplinary Counsel v. 12
Page 93 and 94: Freeman, Disciplinary Counsel v. 11
Page 95 and 96: Frost, Disciplinary Counsel v. 122
Page 97 and 98: Case Summaries- 95 his goal of gain
Page 99 and 100: Gibson, Akron Bar Assn. v. 128 Ohio
Page 101 and 102: Glaeser, Cuyahoga Cty. Bar Assn. v.
Page 103 and 104: Goldblatt, Disciplinary Counsel v.
Page 105 and 106: Gottehrer, Cleveland Metro. Bar Ass
Page 107 and 108: Case Summaries- 105 disgorgement of
Page 109 and 110: Grote, Cincinnati Bar Assn. v. 127
Page 111 and 112: Hackett, Cincinnati Bar Assn. v. 12
Page 113 and 114: Case Summaries- 111 presented evide
Page 115 and 116: Hanni, Mahoning Cty. Bar Assn. v. 1
Page 117 and 118: Hauck, Cincinnati Bar Assn. v. 129
Page 119 and 120: Heiland, Disciplinary Counsel v. 11
Page 121 and 122: Heisler, Cincinnati Bar Assn. v. 11
Page 123 and 124: Henry, Disciplinary Counsel v. 127
Page 125 and 126: Hickman, Toledo Bar Assn. v. 119 Oh
Page 127 and 128: Hildebrand, Cleveland Metro. Bar As
Page 129 and 130: Holda, Akron Bar Assn. v. 125 Ohio
Page 131 and 132: Horan, Disciplinary Counsel v. 123
Page 133: Hoskins, Disciplinary Counsel v. 11
Page 137 and 138: Hunter, Columbus Bar Assn. v. 130 O
Page 139 and 140: Jackel, Ohio State Bar Assn. v. 118
Page 141 and 142: Jackson, Disciplinary Counsel v. 12
Page 143 and 144: Jaffe, Cleveland Metro Bar Assn. v.
Page 145 and 146: Johnson, Toledo Bar Assn. v. 121 Oh
Page 147 and 148: Johnson, Cuyahoga Cty. Bar Assn. v.
Page 149 and 150: Johnston, Disciplinary Counsel v. 1
Page 151 and 152: Jones, Mahoning Cty. Bar Assn. v. 1
Page 153 and 154: Kaplan, Cleveland Metro. Bar Assn.
Page 155 and 156: Kealy, Cleveland Metro. Bar Assn. v
Page 157 and 158: Kellogg-Martin, Disciplinary Counse
Page 159 and 160: Kelly, Disciplinary Counsel. v. 121
Page 161 and 162: Case Summaries- 159 other assets in
Page 163 and 164: Case Summaries- 161 none of the mon
Page 165 and 166: Case Summaries- 163 Although the un
Page 167 and 168: Kubyn, Lake Cty. Bar Assn. v. 121 O
Page 169 and 170: Landis, Disciplinary Counsel v. 124
Page 171 and 172: Lapine, Disciplinary Counsel v. 128
Page 173 and 174: Larkin, Columbus Bar Assn. v. 128 O
Page 175 and 176: Case Summaries- 173 Board‘s findi
Page 177 and 178: Lawson, Cincinnati Bar Assn. v. 119
Page 179 and 180: Lawson, Cincinnati Bar Assn. v. 130
Page 181 and 182: Lentes, Disciplinary Counsel v. 120
Page 183 and 184: Lewis, Medina Cty. Bar Assn. v. 121
Page 185 and 186:
Case Summaries- 183 and blame the w
Page 187 and 188:
Longino, Disciplinary Counsel v. 12
Page 189 and 190:
Lowden, Toledo Bar Assn. v. 117 Ohi
Page 191 and 192:
Case Summaries- 189 8.4(h) by his a
Page 193 and 194:
Mamich, Disciplinary Counsel v. 125
Page 195 and 196:
Manning, Disciplinary Counsel v. 11
Page 197 and 198:
Marosan, Stark Cty. Bar Assn. v. 11
Page 199 and 200:
Martin, Toledo Bar Assn. v. 131 Ohi
Page 201 and 202:
Mason, Toledo Bar Assn. v. 118 Ohio
Page 203 and 204:
McAuliffe, Disciplinary Counsel v.
Page 205 and 206:
McCord, Disciplinary Counsel v. 121
Page 207 and 208:
McFaul, Cleveland Metro. Bar Assn.
Page 209 and 210:
Case Summaries- 207 withdrawal. Res
Page 211 and 212:
Case Summaries- 209 that he is comp
Page 213 and 214:
Meade, Disciplinary Counsel v. 127
Page 215 and 216:
Miller, Disciplinary Counsel v. 126
Page 217 and 218:
Minamyer, Butler Cty. Bar Assn. v.
Page 219 and 220:
Case Summaries- 217 represent his c
Page 221 and 222:
Case Summaries- 219 became effectiv
Page 223 and 224:
Mitchell, Disciplinary Counsel v. 1
Page 225 and 226:
Mullaney, Brooking, and Moeves, Cin
Page 227 and 228:
Murraine, Disciplinary Counsel v. 1
Page 229 and 230:
Nance, Cleveland Metropolitan Bar A
Page 231 and 232:
Newcomer, Disciplinary Counsel v. 1
Page 233 and 234:
Newman, Cincinnati Bar Assn. v. 124
Page 235 and 236:
Niermeyer, Disciplinary Counsel v.
Page 237 and 238:
Nittskoff, Disciplinary Counsel. v.
Page 239 and 240:
Case Summaries- 237 Master Commissi
Page 241 and 242:
Ohlin, Disciplinary Counsel v. 126
Page 243 and 244:
O’Malley, Disciplinary Counsel v.
Page 245 and 246:
Case Summaries- 243 conditions that
Page 247 and 248:
Patterson, Geauga Cty. Bar Assn. v.
Page 249 and 250:
Peskin, Ohio State Bar Assn. v. 125
Page 251 and 252:
Case Summaries- 249 met by imposing
Page 253 and 254:
Plough, Disciplinary Counsel v. 126
Page 255 and 256:
Podor, Cleveland Metro. Bar Assn. v
Page 257 and 258:
Portman, Butler Cty. Bar Assn. v. 1
Page 259 and 260:
Potter, Disciplinary Counsel v. 126
Page 261 and 262:
Pullins, Disciplinary Counsel v. 12
Page 263 and 264:
Case Summaries- 261 disqualificatio
Page 265 and 266:
Randall, Dayton Bar Assn. v. 118 Oh
Page 267 and 268:
Case Summaries- 265 history, no dis
Page 269 and 270:
Raso, Disciplinary Counsel v. 129 O
Page 271 and 272:
Resnick, Ohio State Bar Assn. v. 12
Page 273 and 274:
Ricketts, Disciplinary Counsel v. 1
Page 275 and 276:
Ridenbaugh, Disciplinary Counsel v.
Page 277 and 278:
Ritson, Toledo Bar Assn. v. 127 Ohi
Page 279 and 280:
Roberts, Disciplinary Counsel v. 11
Page 281 and 282:
Robinson, Disciplinary Counsel v. 1
Page 283 and 284:
Rohrer, Disciplinary Counsel v. 124
Page 285 and 286:
Rozanc, Lake Cty. Bar Assn. v. 123
Page 287 and 288:
Rust, Toledo Bar Assn. v. 124 Ohio
Page 289 and 290:
Sabol, Disciplinary Counsel v. 118
Page 291 and 292:
Case Summaries- 289 condition of th
Page 293 and 294:
Sanz, Cincinnati Bar Assn. v. 128 O
Page 295 and 296:
Saunders, Greene Cty. Bar Assn. v.
Page 297 and 298:
Sayler, Cleveland Metro. Bar Assn.
Page 299 and 300:
Case Summaries- 297 1.5(a), 1.16(d)
Page 301 and 302:
Schram, Dayton Bar Assn. v. 122 Ohi
Page 303 and 304:
Scott, Toledo Bar Assn. v. 129 Ohio
Page 305 and 306:
Shaw, Disciplinary Counsel v. 126 O
Page 307 and 308:
Shea, Columbus Bar Assn. v. 117 Ohi
Page 309 and 310:
Shuler, Disciplinary Counsel v. 129
Page 311 and 312:
Siewert, Disciplinary Counsel. v. 1
Page 313 and 314:
Simon, Disciplinary Counsel v. 128
Page 315 and 316:
Smith, Disciplinary Counsel v. 124
Page 317 and 318:
Smith, Disciplinary Counsel v. 128
Page 319 and 320:
Smithern, Akron Bar Assn. v. 125 Oh
Page 321 and 322:
Squire, Disciplinary Counsel v. 130
Page 323 and 324:
Stafford, Disciplinary Counsel v. 1
Page 325 and 326:
Stoll, Erie-Huron Grievance Commt.
Page 327 and 328:
Stuard, Becker, and Bailey, Discipl
Page 329 and 330:
Taylor, Disciplinary Counsel v. 120
Page 331 and 332:
Theisler, Mahoning Cty. Bar Assn. v
Page 333 and 334:
Thomas, Cleveland Metro. Bar Assn.
Page 335 and 336:
Case Summaries- 333 court entered a
Page 337 and 338:
Trainor, Cincinnati Bar Assn. v. 12
Page 339 and 340:
Troxell, Columbus Bar Assn. v. 129
Page 341 and 342:
Troy, Lake Cty. Bar Assn. v. 130 Oh
Page 343 and 344:
Case Summaries- 341 professionals i
Page 345 and 346:
Vivyan, Disciplinary Counsel v. 125
Page 347 and 348:
Case Summaries- 345 offenses, there
Page 349 and 350:
Walker, Disciplinary Counsel v. 119
Page 351 and 352:
Weisberg, Toledo Bar Assn. v. 124 O
Page 353 and 354:
Case Summaries- 351 Chandlers to di
Page 355 and 356:
Williams, Disciplinary Counsel v. 1
Page 357 and 358:
Williamson, Butler Cty. Bar Assn. v
Page 359 and 360:
Wineman, Disciplinary Counsel v. 12
Page 361 and 362:
Wittbrod, Akron Bar Assn. v. 130 Oh
Page 363 and 364:
Yeager, Disciplinary Counsel v. 123
Page 365 and 366:
Zaffiro, Cleveland Metro. Bar Assn.
Page 367 and 368:
Zigan, Disciplinary Counsel v. 118
Page 369 and 370:
Bennett (2/4/2010) (unlawfully stru
Page 371 and 372:
Clovis (5/5/2010) (as required by G
Page 373 and 374:
on inactive status and while under
Page 375 and 376:
suspension, and remanded to board t
Page 377 and 378:
violations for attempt to dismiss a
Page 379 and 380:
Wineman (5/6/2009) Wolanin (4/1/200
Page 381 and 382:
Willette (3/20/2008) DR 2-103(C) (r
Page 383 and 384:
Patterson (12/2/2009) Ryan (8/27/20
Page 385 and 386:
DR 7-102(A)(5) (knowingly making fa
Page 387 and 388:
DR 9-102(B)(4) (failure to promptly
Page 389 and 390:
Dearfield (10/19/2011) DeLoach (8/3
Page 391 and 392:
McNerney (5/28/2009)(term suspensio
Page 393 and 394:
Hoppel (6/8/2011) Hunter (11/15/201
Page 395 and 396:
Rule 1.5(a) (charging or collecting
Page 397 and 398:
Gottehrer (3/17/2010) Gresley (12/2
Page 399 and 400:
Marshall (2/12/2009) Martin (12/15/
Page 401 and 402:
Meade (12/22/2010) Medley (1/27/201
show all

disciplinary handbook: volume v - Supreme Court - State of Ohio

Create successful ePaper yourself

Delete template?

Save as template?