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

Landis, Disciplinary Counsel v.
124 Ohio St.3d 508, 2010-Ohio-927. Decided 3/17/2010.
Case Summaries- 167
Respondent‘s license was suspended for failure to register on December 2, 2005 and for failure to comply
with continuing legal education requirements on January 1, 2009. On June 2, 2009, respondent received
an interim felony suspension based upon his conviction for operating a motor vehicle under the influence
of alcohol, a fourth degree felony. Relator and respondent entered a consent-to-discipline agreement. The
stipulated facts show that respondent voluntarily withdrew from the practice of law for personal and
financial reasons in December 2005. In October 2008, respondent was indicted for two counts of
operating a motor vehicle while under the influence of drugs or alcohol (OMVI) in violation of R.C.
4511.19(A)(1)(a) and 4511.19(A)(1)(h), fourth degree felonies based upon his previous conviction for
three or more violations of R.C. 4511.19 or an equivalent statute, and one count of driving under
suspension in violation of R.C. 4510.11(A), a first-degree misdemeanor. Respondent pled guilty to
OMVI in violation of R.C. 4511.19(A)(1)(a) and the state dismissed the other charges. Respondent was
sentenced to 60 days in jail, a $500 fine, a 20-year suspension of his driver‘s license, and completion of an
inpatient program arranged by the probation department, and completion of Community Corrections
Center program. In February 2009, respondent voluntarily entered an outpatient program at Talbert
House to receive treatment until his sentencing on April 22, 2009. As part of his sentence, respondent
completed a four- month program focusing on the prevention of relapse at the Warren County
Correctional Center. At the time the parties‘ consent to discipline was executed, he was participating in
an aftercare program at Talbert House and was being monitored by the probation department. He remains
under community control until April 2012. Respondent, in the consent to discipline agreement,
admitted to violating Prof.Cond.R. 8.4(h) by pleading guilty to the fourth degree felony count of OMVI
in violation of R.C. 4511.19(A)(1)(a). There are no aggravating factors. The mitigating factors are a
lack of prior disciplinary record and cooperation and full and free disclosure. BCGD Proc.Reg.
10(B)(2)(a) and (d). The Board recommended acceptance of the consent to discipline agreement of a
violation of Prof.Cond.R. 8.4(h) and a one-year suspension, stayed conditionally on respondent: 1)
remaining drug and alcohol free, 2) entering and complying with a 3-year OLAP contract 3) attending at
least one Alcoholics Anonymous meeting a week, and 4) complying with any terms of his criminal
probation until the probation has been terminated. And, no credit for time served during his interim
suspension. The Court accepted the consent-to-discipline agreement and so ordered.
Rules Violated: Prof.Cond.R. 8.4(h)
Aggravation: (c), (d), (e)
Mitigation: (a), (d)
Prior Discipline: YES Procedure/ Process Issues: NO Criminal Conduct: YES
Public Official: NO Sanction: One-year suspension, stayed