Cleveland Bar Ass'n v. Bilinski, 60
| Decision Date | 04 November 1964 |
| Docket Number | No. 60,60 |
| Citation | 177 Ohio St. 43,201 N.E.2d 878 |
| Parties | , 29 O.O.2d 71 CLEVELAND BAR ASSOCIATION v. BILINSKI. D. D. |
| Court | Ohio Supreme Court |
James L. Ryhal, Jr., Einar G. Carlson and Gerald E. Johnson, Cleveland, for relator.
Thomas J. Friel, Cleveland, for respondent.
The court has avoided finding that the respondent by failing to file federal income tax returns has committed or has been convicted of a crime involving moral turpitude. See Dayton Bar Association v. Prear (1964), 175 Ohio St. 543, 196 N.E.2d 773.
In the instant case, the respondent, because of his failure to file federal income tax returns for a number of years and his conviction under Section 7203, Title 26, U.S.Code, was charged also with conduct violating Canons 29 and 32 of the Canons of Professional Ethics, which is encompassed within the meaning of misconduct conduct as defined by subdivision (5)(a) of Rule XVIII (formerly XXVII) of this court. Canons 29 and 32 are broad in their terms. Canon 29 admonishes that an attorney should at all times strive to uphold the honor of the profession. And, although the express admonition of Canon 32 that an attorney must 'observe and advise his client to observe the statute law' is not applicable until the statute has been construed and interpreted by competent adjudication, the validity of the filing requirements of the Internal Revenue Code is not in doubt. The evidence amply supports the charges that respondent's conduct violated Canons 29 and 32 of the Canons of Professional Ethics.
The objections to the recommendation of the board are overruled, and the recommendation of the board is confirmed on authority of Dayton Bar Association v. Prear, supra.
Report confirmed and judgment accordingly.
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Fahey, In re
...102 N.H. 24 (149 A.2d 863); Baumeister v. Bar Assn. of Erie County (1970) 33 A.D.2d 224 (306 N.Y.S.2d 637); Cleveland Bar Assn. v. Bilinski (1964) 177 Ohio St. 43 (201 N.E.2d 878); In re English (1964) 64 Wash.2d 129 (390 P.2d 999) (imposing discipline without comment on committee finding o......
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Byrd v. The Mississippi Bar
...941 (N.Y.App.Div.1964) (six years of nonfiling with no indication of prior violations—six-month suspension); Cleveland Bar Ass'n v. Bilinski, 177 Ohio St. 43, 201 N.E.2d 878 (1964) (nine years of nonfiling with no indication of prior violations—indefinite suspension); Dayton Bar Ass'n v. Pr......
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Doelker v. Accountancy Bd.
...reprehensible because of repeated failures to file such returns when they should have been filed, as in Cleveland Bar Association v. Bilinski (1964), 177 Ohio St. 43, 201 N.E.2d 878; Dayton Bar Association v. Prear (1964), 175 Ohio St. 543, 196 N.E.2d 773; and State v. Brunge (1963), 20 Wis......
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Cleveland Bar Ass'n v. Acker
...175 Ohio St. 543, 196 N.E.2d 773; Ohio State Bar Ass'n v. Hart, supra, 15 Ohio St.2d 97, 238 N.E.2d 560; Cleveland Bar Ass'n v. Bilinski (1964), 177 Ohio St. 43, 201 N.E.2d 878. Cf. Cincinnati Bar Ass'n v. Leroux (1968), 16 Ohio St.2d 10, 242 N.E.2d 347 (wherein the particular facts of the ......