Office of Disciplinary Counsel v. Michaels
Decision Date | 24 August 1988 |
Docket Number | No. D,D |
Citation | 38 Ohio St.3d 248,527 N.E.2d 299 |
Parties | OFFICE OF DISCIPLINARY COUNSEL v. MICHAELS. D. 87-34. |
Court | Ohio Supreme Court |
J. Warren Bettis, Disciplinary Counsel, and Karen B. Hull, Columbus, for relator.
Charles E. Grisi, Akron, for respondent.
We find that respondent violated DR 1-102(A)(6) as found by the board. Allegations of misconduct based on criminal convictions for actions unrelated to the practice of law have frequently resulted in disciplinary sanctions by this court. For example, see Disciplinary Counsel v. Hughes (1985), 17 Ohio St.3d 210, 17 OBR 445, 478 N.E.2d 796 ( ); Muskingum Cty. Bar Assn. v. Workman (1985), 17 Ohio St.3d 95, 17 OBR 216, 477 N.E.2d 632 ( ); Disciplinary Counsel v. Collins (1985), 17 Ohio St.3d 41, 17 OBR 34, 476 N.E.2d 1050 ( ); Disciplinary Counsel v. Wanner (1984), 15 Ohio St.3d 319, 15 OBR 446, 473 N.E.2d 829 ( ); Disciplinary Counsel v. Gross (1984), 11 Ohio St.3d 48, 11 OBR 195, 463 N.E.2d 382 ( ); Cincinnati Bar Assn. v. Heekin (1984), 9 Ohio St.3d 84, 9 OBR 314, 459 N.E.2d 495 ( ); Cincinnati Bar Assn. v. Levin (1983), 3 Ohio St.3d 25, 3 OBR 496, 445 N.E.2d 661 ( ); Columbus Bar Assn. v. Harris (1982), 1 Ohio St.3d 33, 1 OBR 68, 437 N.E.2d 596 ( ); Portage Cty. Bar Assn. v. Miller (1982), 70 Ohio St.2d 162, 24 O.O.3d 272, 436 N.E.2d 217 ( ); Cincinnati Bar Assn. v. Lisner (1981), 65 Ohio St.2d 62, 19 O.O.3d 258, 417 N.E.2d 1381 ( ); Cincinnati Bar Assn. v. Leroux (1968), 16 Ohio St.2d 10, 45 O.O.2d 259, 242 N.E.2d 347 ( ); Cincinnati Bar Assn. v. Shott, supra ( ); Bar Assn. v. Smith (1963), 174 Ohio St. 452, 23 O.O.2d 106, 190 N.E.2d 267 ( ); Butler Cty. Bar Assn. v. Schaeffer (1961), 172 Ohio St. 165, 15 O.O.2d 320, 174 N.E.2d 103 ( ). Sanctions have been imposed even where illegal conduct unrelated to the practice of law was found to be unintentional. Cincinnati Bar Assn. v. Leroux, supra.
Although respondent's illegal conduct was unintentional, the imposition of an appropriate sanction in this case must necessarily take into account the fact that the life of another person ended as a result of respondent's abuse of alcohol. We conclude that an appropriate sanction in this case is an eighteen-month suspension from the practice of law, provided that the granting of respondent's application for reinstatement to the practice of law shall not be automatic.
We perceive our responsibility in cases of this nature to go beyond the imposition of a standard appropriate sanction. In Ohio, as in every other state, the opportunities presented the legal profession to assist judges and lawyers in becoming free of alcohol and drug dependence are increasing at a rapid rate. Where a...
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