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

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Vogel, Columbus Bar Assn. v. 117 Ohio St.3d 108, 2008-Ohio-504. Decided 2/14/2008. Case Summaries- 344 As to Count I, respondent represented a defendant against a series of armed-robbery charges. The court had appointed Attorney Ezell to represent the defendant, but respondent volunteered to assist as cocounsel, but was never appointed as counsel. After the trial began in November 2004, the assistant prosecutor assigned to the case informed the court and defense counsel of the existence of fingerprint evidence that should have been disclosed to the defense, but had not been. The judge declared a mistrial. At a hearing on respondent‘s motion to suppress the fingerprint evidence, respondent alleged that the assistant prosecutor was either lying or incompetent concerning the failure to disclose the fingerprint evidence. At the hearing, the judge vacated Attorney Ezell‘s appointment after observing that the defendant was charged with first-, second-, and third-degree felonies and Ezell was qualified only for appointment on fourth-and fifth-degree felonies. The judge also removed respondent from the case after discovering that he was not on the appointed-counsel list. The judge appointed Attorney Thomas as counsel. At a hearing in the matter in February 2005, respondent accosted Attorney Thomas outside the courtroom, behaving in a threatening and intimidating manner. Respondent, having entered into a retainer agreement with the defendant, filed a notice of appearance and substitution of counsel in each of the defendant‘s cases. At a March hearing at which respondent did not appear, the judge struck respondent‘s filing because it contained a certificate of service falsely stating the date of mailing. It appears the judge had no knowledge of the retainer agreement. Despite the court‘s rejection of his notice of appearance and substitution of counsel, respondent appeared at a hearing in April 2005 and disrupted the proceedings by insisting he was counsel for defendant. When the judge informed him he had not entered a proper appearance and would be jailed if he failed to sit down, respondent extended his wrists to a deputy sheriff to be handcuffed and said ―If that‘s what you‘ve got to do, Ma‘am.‖ The judge found him in contempt and he was taken into custody and incarcerated. From the jail, he gave an interview to the newspapers and was quoted as saying ―Courtrooms get a little rough-and-tumble sometimes. A judge has to be able to accept that or pass the robe on to another judge.‖ Three days later, the judge held a hearing so he could purge his contempt by assuring the court he would no longer interfere in the proceedings. At the hearing, he was again found in criminal contempt and sentenced to 40 days in jail, after he offered to apologize to the court, but only if he was allowed to represent the defendant and engaging in a colloquy with the judge in which he stated ―This is an attempt to force this young man to make a plea for ten years to something that he didn‘t do. And forgive me, but this is a result of collusion between yourself and the prosecutor‘s office.‖ As to Count I, board adopted panel‘s findings that respondent violated Gov.Bar R. IV(2), DR 1-102(A)(5), 1-102(A)(6), 7-106(C)(6), and 8- 102(B). As to Count II, the charges arise out of his representation of a criminal defendant in a trial in late January and early February 2007 before another judge. During the trial, respondent, in anticipation of a separation-of-witnesses order, prepared subpoenas for two persons to prevent them from attending the trial. The trial court learned of respondent‘s strategy and prohibited him from serving the subpoenas. When asked, he informed the judge that the subpoenas were destroyed. But later when the judge reconsidered and allowed respondent to subpoena the two persons, respondent used the same subpoenas that he told the judge had been destroyed. When confronted, he claimed he though he had destroyed them, but found them shortly after he was told he could call the persons as witnesses. Despite admonitions from the court, he repeatedly engaged in demonstrative and melodramatic reactions to adverse rulings and certain witnesses‘ testimony. After the trial, the judge found that in connection with the subpoenas, respondent had committed a fraud on the court and the judge found him in contempt and gave him the option of spending two days in jail or paying a $500 fine. He paid the fine. He gave an interview with the newspaper and was quoted as saying his punishment was ―nothing but retaliation on the part of prosecutors and because of liars they put on the stand.‖ He testified in the disciplinary matter that he had been misquoted and what he referred to as retaliation was the prosecutor‘s proposal to seek a new indictment. As to Count II, board adopted panel‘s findings that respondent violated Gov.Bar R. IV(2) and DR 1-102(A)(4), 1-102(A)(5) and for the conduct that occurred on or after 2/1/2007, Prof.Cond.R. 8.4(d) and 8.4(h). In aggravation, respondent committed multiple
Case Summaries- 345 offenses, there was a pattern of misconduct, he acted with dishonest motive when he falsely told the judge he had destroyed the subpoenas, he acted with selfish motive in promoting himself as a fearless and aggressive criminal-defense advocate. BCGD Proc.Reg. 10(B)(1)(b), (c), (d). In mitigation, there was no prior discipline and he largely acknowledged and expressed remorse for his misconduct in Count I. BCGD Proc.Reg. 10(B)(2)(a). The court adopted the Board‘s findings of violations and the recommended sanction of a suspension for two years with the second year stayed on condition that he serve a 12 month probation including that he submit to the appointment of a monitor and comply. ―Conduct that is degrading and disrespectful to judges and fellow attorneys is neither zealous advocacy nor a legitimate trial tactic. Lying to a tribunal and making false accusations against Judges and fellow attorneys can never be condoned. Attorneys must advocate within the rules of law and act with civility and professionalism.‖ Rules Violated: Prof.Cond.R. 8.4(d), 8.4(h); DR 1-102(A)(4), 1-102(A)(5), 1-102(A)(6), 7-106(C)(6), 8-102(B) Aggravation: (a) Mitigation: (b), (c), (d) Prior Discipline: NO Procedure/ Process Issues: YES Criminal Conduct: NO Public Official: NO Sanction: Two-year suspension, 12 months stayed
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The Supreme Court of Ohio Board of
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Table of Cases Table of Cases- 1 [F
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Drain, Cuyahoga Cty. Bar Assn. v. 1
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Horton, Disciplinary Counsel v. 124
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Markovich, Akron Bar Assn. v. 117 O
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Table of Cases- 9 Ramos, Cleveland
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Table of Cases- 11 Stuard, Becker,
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Case Summaries Allerding, Columbus
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Case Summaries- 15 Archer, Northwes
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Case Summaries- 17 intermittently o
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Bartels, Allen Cty. Bar Assn. v. 12
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Blair, Disciplinary Counsel v. 128
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Case Summaries- 23 Bowling, Discipl
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Broschak, Disciplinary Counsel v. 1
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Brown, Dayton Bar Assn. v. 124 Ohio
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Brown, Allen Cty. Bar Assn. v. 124
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Brueggeman, Disciplinary Counsel v.
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Bunstine, Disciplinary Counsel v. 1
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Bursey, Disciplinary Counsel v. 124
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Butler, Disciplinary Counsel v. 128
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Campbell, Disciplinary Counsel v. 1
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Cantrell, Disciplinary Counsel v. 1
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Cantrell, Disciplinary Counsel v. 1
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Case Summaries- 45 abuse impede his
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Case Summaries- 47 respondent‘s d
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Case Summaries- 49 with a client if
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Case Summaries- 51 not DR 1-102(A)(
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Clovis, Columbus Bar Assn. v. 125 O
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Corrigan, Geauga Cty. Bar Assn. v.
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Cunningham, Butler Cty. Bar Assn. v
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Davis, Disciplinary Counsel v. 121
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Dawson, Cleveland Metropolitan Bar
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DeLoach, Akron Bar Assn. v. 130 Ohi
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Detweiler, Disciplinary Counsel v.
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DiCato, Akron Bar Assn. v. 130 Ohio
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DiMartino, Mahoning Cty. Bar Assn.
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Doellman, Disciplinary Counsel v. 1
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Drain, Cuyahoga Cty. Bar Assn. v. 1
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Ellis, Columbus Bar Assn. v. 120 Oh
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Emerson, Cincinnati Bar Assn. v. 12
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Farah, Toledo Bar Assn. v. 125 Ohio
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Farrell, Cincinnati Bar Assn. v. 12
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Fink, Akron Bar Assn. v. 131 Ohio S
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Folwell, Disciplinary Counsel v. 12
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Freedman, Akron Bar Assn. v. 128 Oh
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Freeman, Disciplinary Counsel v. 12
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Freeman, Disciplinary Counsel v. 11
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Frost, Disciplinary Counsel v. 122
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Case Summaries- 95 his goal of gain
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Gibson, Akron Bar Assn. v. 128 Ohio
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Glaeser, Cuyahoga Cty. Bar Assn. v.
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Goldblatt, Disciplinary Counsel v.
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Gottehrer, Cleveland Metro. Bar Ass
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Case Summaries- 105 disgorgement of
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Grote, Cincinnati Bar Assn. v. 127
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Hackett, Cincinnati Bar Assn. v. 12
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Case Summaries- 111 presented evide
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Hanni, Mahoning Cty. Bar Assn. v. 1
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Hauck, Cincinnati Bar Assn. v. 129
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Heiland, Disciplinary Counsel v. 11
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Heisler, Cincinnati Bar Assn. v. 11
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Henry, Disciplinary Counsel v. 127
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Hickman, Toledo Bar Assn. v. 119 Oh
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Hildebrand, Cleveland Metro. Bar As
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Holda, Akron Bar Assn. v. 125 Ohio
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Horan, Disciplinary Counsel v. 123
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Hoskins, Disciplinary Counsel v. 11
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Howard, Disciplinary Counsel v. 123
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Hunter, Columbus Bar Assn. v. 130 O
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Jackel, Ohio State Bar Assn. v. 118
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Jackson, Disciplinary Counsel v. 12
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Jaffe, Cleveland Metro Bar Assn. v.
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Johnson, Toledo Bar Assn. v. 121 Oh
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Johnson, Cuyahoga Cty. Bar Assn. v.
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Johnston, Disciplinary Counsel v. 1
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Jones, Mahoning Cty. Bar Assn. v. 1
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Kaplan, Cleveland Metro. Bar Assn.
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Kealy, Cleveland Metro. Bar Assn. v
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Kellogg-Martin, Disciplinary Counse
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Kelly, Disciplinary Counsel. v. 121
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Case Summaries- 159 other assets in
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Case Summaries- 161 none of the mon
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Case Summaries- 163 Although the un
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Kubyn, Lake Cty. Bar Assn. v. 121 O
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Landis, Disciplinary Counsel v. 124
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Lapine, Disciplinary Counsel v. 128
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Larkin, Columbus Bar Assn. v. 128 O
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Case Summaries- 173 Board‘s findi
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Lawson, Cincinnati Bar Assn. v. 119
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Lawson, Cincinnati Bar Assn. v. 130
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Lentes, Disciplinary Counsel v. 120
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Lewis, Medina Cty. Bar Assn. v. 121
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Case Summaries- 183 and blame the w
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Longino, Disciplinary Counsel v. 12
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Lowden, Toledo Bar Assn. v. 117 Ohi
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Case Summaries- 189 8.4(h) by his a
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Mamich, Disciplinary Counsel v. 125
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Manning, Disciplinary Counsel v. 11
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Marosan, Stark Cty. Bar Assn. v. 11
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Martin, Toledo Bar Assn. v. 131 Ohi
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Mason, Toledo Bar Assn. v. 118 Ohio
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McAuliffe, Disciplinary Counsel v.
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McCord, Disciplinary Counsel v. 121
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McFaul, Cleveland Metro. Bar Assn.
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Case Summaries- 207 withdrawal. Res
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Case Summaries- 209 that he is comp
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Meade, Disciplinary Counsel v. 127
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Miller, Disciplinary Counsel v. 126
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Minamyer, Butler Cty. Bar Assn. v.
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Case Summaries- 217 represent his c
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Case Summaries- 219 became effectiv
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Mitchell, Disciplinary Counsel v. 1
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Mullaney, Brooking, and Moeves, Cin
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Murraine, Disciplinary Counsel v. 1
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Nance, Cleveland Metropolitan Bar A
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Newcomer, Disciplinary Counsel v. 1
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Newman, Cincinnati Bar Assn. v. 124
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Niermeyer, Disciplinary Counsel v.
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Nittskoff, Disciplinary Counsel. v.
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Case Summaries- 237 Master Commissi
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Ohlin, Disciplinary Counsel v. 126
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O’Malley, Disciplinary Counsel v.
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Case Summaries- 243 conditions that
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Patterson, Geauga Cty. Bar Assn. v.
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Peskin, Ohio State Bar Assn. v. 125
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Case Summaries- 249 met by imposing
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Plough, Disciplinary Counsel v. 126
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Podor, Cleveland Metro. Bar Assn. v
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Portman, Butler Cty. Bar Assn. v. 1
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Potter, Disciplinary Counsel v. 126
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Pullins, Disciplinary Counsel v. 12
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Case Summaries- 261 disqualificatio
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Randall, Dayton Bar Assn. v. 118 Oh
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Case Summaries- 265 history, no dis
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Raso, Disciplinary Counsel v. 129 O
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Resnick, Ohio State Bar Assn. v. 12
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Ricketts, Disciplinary Counsel v. 1
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Ridenbaugh, Disciplinary Counsel v.
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Ritson, Toledo Bar Assn. v. 127 Ohi
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Roberts, Disciplinary Counsel v. 11
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Robinson, Disciplinary Counsel v. 1
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Rohrer, Disciplinary Counsel v. 124
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Rozanc, Lake Cty. Bar Assn. v. 123
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Rust, Toledo Bar Assn. v. 124 Ohio
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Sabol, Disciplinary Counsel v. 118
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Case Summaries- 289 condition of th
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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.
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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
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Page 313 and 314: Simon, Disciplinary Counsel v. 128
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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
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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: Vivyan, Disciplinary Counsel v. 125
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Page 351 and 352: Weisberg, Toledo Bar Assn. v. 124 O
Page 353 and 354: Case Summaries- 351 Chandlers to di
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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
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Gottehrer (3/17/2010) Gresley (12/2
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Marshall (2/12/2009) Martin (12/15/
Page 401 and 402:
Meade (12/22/2010) Medley (1/27/201
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