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

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Case Summaries- 132one estate over $8,000 in debit withdrawals minimized the mitigating impact of the voluntaryrepayment. There was no evidence of substance abuse or mental illness for mitigation. The courtdiscussed higher standard of ethical conduct for judges, clear and convincing evidence, and applicableprecedent. The Supreme Court agreed with the Board‘s recommended sanction of disbarment and soordered.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); Codeof 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: NOPublic Official: YES Sanction: Disbarment
Howard, Disciplinary Counsel v.123 Ohio St.3d 97, 2009-Ohio-4173. Decided 8/25/2009.Case Summaries- 133On August 30, 2007, respondent received and interim felony suspension in In re Howard, 114 OhioSt.3d 1515, 2007-Ohio-4425. In April 2007, respondent pleaded guilty to assault with a deadlyweapon in violation of R.C. 2903.11, a felony of the second degree, and to inducing panic in violation ofR.C. 2917.31(A), a felony of the fifth degree. The underlying incident occurred on the night of January19, 2007 when a Dayton police officer entered the back yard of respondent‘s residence to investigate avehicle that the officer thought was stolen. A standoff between the police and respondent lastedseveral hours. The police had been dispatched in uniform and in a marked cruiser to identify andrecover a stolen car found in an alley near respondent‘s home. While waiting for a tow truck in a highcrime neighborhood, the officer saw another car parked, almost touching respondent‘s unlit car. Theofficer fixed his searchlight on the back of the house and got out of the cruise to get the license plate torun a check on the car. Respondent awoke to the search light, but could not see the officers. Respondentdischarged a firearm out the window to frighten whoever was in the yard. The officer did not identifyhimself as the police, but shouted ―Hey Buddy, did you throw something or shoot something at me?‖ Heheard only a low growl. After circling the house, he saw someone at an open window. He shined hisflashlight and demanded, ―Now are you going to talk to me now or what.‖ The officer saw a white armreach out with a black handgun. Respondent fired the gun and closed the window quickly. Backupofficers arrived, secured the area, blocked traffic, warned neighbors to remain indoors, and attempted tocommunicate by telephone and a bullhorn. The bullhorn was respondent‘s first indication that the personin the backyard was a police officer. The SWAT team was called in. They found a bullet hole in thefirst officer‘s car in the rear passenger door. Respondent refused to leave the house, until tear gasforced him out. He was sentenced in April 2007 and placed under five years of intensive communitysupervision, 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; movefrom that address; and pay all court costs, a $50 supervision fee, and restitution of $6,198.95. Because ofhis good behavior, the court modified the terms of the sentence in May 2008 to reduce his intensivecommunity supervision to basic probation and in September 2008 to reduce it to ―monitored timesupervision.‖ Board adopted the panel‘s finding that respondent violated DR 1-102(A)(3) and (6). Inmitigation, respondent practiced 30 years with no prior discipline; he cooperated; he acknowledge hiscriminal conduct and convictions he is paying the price for his crimes by paying fines and penalties; hehad letters of support of his character and reunion that his family and a retired police sergeant had writtenfor the presentence investigation. BCGD Proc.Reg. 10(B)(2)(a), (d), (f). In aggravation, he shot a loadedhandgun twice at a uniformed police officer at short range. Though not an aggravating or mitigatingcircumstance, 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.‖ Hebelieved at the time that the police were trying to hurt of kill him. He did not offer proof of a mitigatingmental disability, but he acknowledged a possible problem and promised to comply with any conditions ofreinstatement that included a mental-health evaluation. The extenuating facts found by the Board werethat respondent lived in a high crime neighborhood, his car had been stolen twice, the investigating officerdid not properly identify himself before he began searching respondent‘s property. Panel recommendedan indefinite suspension, but the Board recommended a two-year suspension. Supreme Court of Ohioadopted the findings and conclusions of violations of DR 1- 102(A)(3) and 1-102(A) (6) and therecommend sanction of a two-year suspension and so ordered.Rules Violated: DR 1- 102(A)(3), 1-102(A)(6)Aggravation: NONEMitigation: (a), (d), (f)Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: YESPublic Official: NO Sanction: Two-year suspension
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The Supreme Court of OhioBoard of C
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Drain, Cuyahoga Cty. Bar Assn. v.12
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Horton, Disciplinary Counsel v.124
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Markovich, Akron Bar Assn. v.117 Oh
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Table of Cases- 9Ramos, Cleveland B
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Table of Cases- 11Stuard, Becker, B
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Case SummariesAllerding, Columbus B
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Case Summaries- 15Archer, Northwest
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Case Summaries- 17intermittently ov
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Bartels, Allen Cty. Bar Assn. v.124
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Blair, Disciplinary Counsel v.128 O
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Case Summaries- 23Bowling, Discipli
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Broschak, Disciplinary Counsel v.11
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Brown, Dayton Bar Assn. v.124 Ohio
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Brown, Allen Cty. Bar Assn. v.124 O
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Brueggeman, Disciplinary Counsel v.
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Bunstine, Disciplinary Counsel v.12
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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.12
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Cantrell, Disciplinary Counsel v.12
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Cantrell, Disciplinary Counsel v.13
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Case Summaries- 45abuse impede his
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Case Summaries- 47respondent‘s de
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Case Summaries- 49with a client if
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Case Summaries- 51not DR 1-102(A)(5
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Clovis, Columbus Bar Assn. v.125 Oh
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Corrigan, Geauga Cty. Bar Assn. v.1
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Cunningham, Butler Cty. Bar Assn. v
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Davis, Disciplinary Counsel v.121 O
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Dawson, Cleveland Metropolitan Bar
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DeLoach, Akron Bar Assn. v.130 Ohio
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Detweiler, Disciplinary Counsel v.1
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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.12
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Drain, Cuyahoga Cty. Bar Assn. v.12
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Ellis, Columbus Bar Assn. v.120 Ohi
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Emerson, Cincinnati Bar Assn. v.122
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Farah, Toledo Bar Assn. v.125 Ohio
Page 83 and 84: Farrell, Cincinnati Bar Assn. v.129
Page 85 and 86: Fink, Akron Bar Assn. v.131 Ohio St
Page 87 and 88: Folwell, Disciplinary Counsel v.129
Page 89 and 90: Freedman, Akron Bar Assn. v.128 Ohi
Page 91 and 92: Freeman, Disciplinary Counsel v.126
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Page 95 and 96: Frost, Disciplinary Counsel v.122 O
Page 97 and 98: Case Summaries- 95his goal of gaini
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Page 101 and 102: Glaeser, Cuyahoga Cty. Bar Assn. v.
Page 103 and 104: Goldblatt, Disciplinary Counsel v.1
Page 105 and 106: Gottehrer, Cleveland Metro. Bar Ass
Page 107 and 108: Case Summaries- 105disgorgement of
Page 109 and 110: Grote, Cincinnati Bar Assn. v.127 O
Page 111 and 112: Hackett, Cincinnati Bar Assn. v.129
Page 113 and 114: Case Summaries- 111presented eviden
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Page 117 and 118: Hauck, Cincinnati Bar Assn. v.129 O
Page 119 and 120: Heiland, Disciplinary Counsel v.116
Page 121 and 122: Heisler, Cincinnati Bar Assn. v.119
Page 123 and 124: Henry, Disciplinary Counsel v.127 O
Page 125 and 126: Hickman, Toledo Bar Assn. v.119 Ohi
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Page 129 and 130: Holda, Akron Bar Assn. v.125 Ohio S
Page 131 and 132: Horan, Disciplinary Counsel v.123 O
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Page 137 and 138: Hunter, Columbus Bar Assn. v.130 Oh
Page 139 and 140: Jackel, Ohio State Bar Assn. v.118
Page 141 and 142: Jackson, Disciplinary Counsel v.127
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Page 145 and 146: Johnson, Toledo Bar Assn. v.121 Ohi
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Page 149 and 150: Johnston, Disciplinary Counsel v.12
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Page 159 and 160: Kelly, Disciplinary Counsel. v.121
Page 161 and 162: Case Summaries- 159other assets in
Page 163 and 164: Case Summaries- 161none of the mone
Page 165 and 166: Case Summaries- 163Although the uns
Page 167 and 168: Kubyn, Lake Cty. Bar Assn. v.121 Oh
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 Oh
Page 175 and 176: Case Summaries- 173Board‘s findin
Page 177 and 178: Lawson, Cincinnati Bar Assn. v.119
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Page 181 and 182: Lentes, Disciplinary Counsel v.120
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Case Summaries- 183and blame the wo
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Longino, Disciplinary Counsel v.128
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Lowden, Toledo Bar Assn. v.117 Ohio
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Case Summaries- 1898.4(h) by his ac
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Mamich, Disciplinary Counsel v.125
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Manning, Disciplinary Counsel v.119
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Marosan, Stark Cty. Bar Assn. v.119
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Martin, Toledo Bar Assn. v.131 Ohio
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Mason, Toledo Bar Assn. v.118 Ohio
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McAuliffe, Disciplinary Counsel v.1
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McCord, Disciplinary Counsel v.121
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McFaul, Cleveland Metro. Bar Assn.
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Case Summaries- 207withdrawal. Resp
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Case Summaries- 209that he is compe
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Meade, Disciplinary Counsel v.127 O
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Miller, Disciplinary Counsel v.126
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Minamyer, Butler Cty. Bar Assn. v.1
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Case Summaries- 217represent his cl
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Case Summaries- 219became effective
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Mitchell, Disciplinary Counsel v.12
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Mullaney, Brooking, and Moeves, Cin
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Murraine, Disciplinary Counsel v.13
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Nance, Cleveland Metropolitan Bar A
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Newcomer, Disciplinary Counsel v.11
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Newman, Cincinnati Bar Assn. v.124
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Niermeyer, Disciplinary Counsel v.1
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Nittskoff, Disciplinary Counsel. v.
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Case Summaries- 237Master Commissio
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Ohlin, Disciplinary Counsel v.126 O
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O’Malley, Disciplinary Counsel v.
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Case Summaries- 243conditions 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- 249met 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.12
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Potter, Disciplinary Counsel v.126
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Pullins, Disciplinary Counsel v.127
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Case Summaries- 261disqualification
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Randall, Dayton Bar Assn. v.118 Ohi
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Case Summaries- 265history, no dish
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Raso, Disciplinary Counsel v.129 Oh
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Resnick, Ohio State Bar Assn. v.128
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Ricketts, Disciplinary Counsel v.12
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Ridenbaugh, Disciplinary Counsel v.
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Ritson, Toledo Bar Assn. v.127 Ohio
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Roberts, Disciplinary Counsel v.117
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Robinson, Disciplinary Counsel v.12
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Rohrer, Disciplinary Counsel v.124
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Rozanc, Lake Cty. Bar Assn. v.123 O
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Rust, Toledo Bar Assn. v.124 Ohio S
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Sabol, Disciplinary Counsel v.118 O
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Case Summaries- 289condition of the
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Sanz, Cincinnati Bar Assn. v.128 Oh
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Saunders, Greene Cty. Bar Assn. v.1
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Sayler, Cleveland Metro. Bar Assn.
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Case Summaries- 2971.5(a), 1.16(d),
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Schram, Dayton Bar Assn. v.122 Ohio
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Scott, Toledo Bar Assn. v.129 Ohio
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Shaw, Disciplinary Counsel v.126 Oh
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Shea, Columbus Bar Assn. v.117 Ohio
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Shuler, Disciplinary Counsel v.129
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Siewert, Disciplinary Counsel. v.13
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Simon, Disciplinary Counsel v.128 O
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Smith, Disciplinary Counsel v.124 O
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Smith, Disciplinary Counsel v.128 O
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Smithern, Akron Bar Assn. v.125 Ohi
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Squire, Disciplinary Counsel v.130
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Stafford, Disciplinary Counsel v.12
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Stoll, Erie-Huron Grievance Commt.
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Stuard, Becker, and Bailey, Discipl
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Taylor, Disciplinary Counsel v.120
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Theisler, Mahoning Cty. Bar Assn. v
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Thomas, Cleveland Metro. Bar Assn.
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Case Summaries- 333court entered an
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Trainor, Cincinnati Bar Assn. v.129
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Troxell, Columbus Bar Assn. v.129 O
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Troy, Lake Cty. Bar Assn. v.130 Ohi
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Case Summaries- 341professionals in
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Vivyan, Disciplinary Counsel v.125
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Case Summaries- 345offenses, there
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Walker, Disciplinary Counsel v.119
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Weisberg, Toledo Bar Assn. v.124 Oh
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Case Summaries- 351Chandlers to dis
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Williams, Disciplinary Counsel v.13
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Williamson, Butler Cty. Bar Assn. v
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Wineman, Disciplinary Counsel v.121
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Wittbrod, Akron Bar Assn. v.130 Ohi
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Yeager, Disciplinary Counsel v.123
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Zaffiro, Cleveland Metro. Bar Assn.
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Zigan, Disciplinary Counsel v.118 O
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Bennett (2/4/2010) (unlawfullystruc
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Clovis (5/5/2010) (as required by G
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on inactive status and while under
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suspension, and remanded to board t
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violations for attempt to dismiss a
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Wineman (5/6/2009)Wolanin (4/1/2009
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Willette (3/20/2008)DR 2-103(C) (re
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Patterson (12/2/2009)Ryan (8/27/200
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DR 7-102(A)(5) (knowingly making fa
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DR 9-102(B)(4) (failure to promptly
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Dearfield (10/19/2011)DeLoach (8/31
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McNerney (5/28/2009)(term suspensio
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Hoppel (6/8/2011)Hunter (11/15/2011
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Rule 1.5(a) (charging or collecting
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Gottehrer (3/17/2010)Gresley (12/22
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Marshall (2/12/2009)Martin (12/15/2
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Meade (12/22/2010)Medley (1/27/2011
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