Opinion
D.D. No. 84-18
Decided June 5, 1985.
Attorneys at law — Misconduct — Permanent disbarment — Conviction of extortion — Prior indefinite suspension.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar.
Respondent, Stephen E. Hughes, was admitted to the practice of law in Ohio in May 1972. On June 16, 1976, respondent was indefinitely suspended from the practice of law by this court because he had been found guilty of commingling funds and using such funds for his own purposes. Subsequently, respondent filed an application for reinstatement, and the Board of Commissioners on Grievances and Discipline conducted a hearing pursuant to this application. On May 13, 1981, the board denied respondent's application, finding that the respondent had not established that he possessed the qualifications which would have been necessary for original admission, in that he was not a proper person to be readmitted to the Bar of Ohio.
On January 19, 1983, respondent entered a plea of guilty to a charge of extortion, R.C. 2905.11(A)(5) and (B), a felony of the third degree. On October 11, 1983, the respondent was sentenced by the trial court to serve a period of one year's incarceration; however, the court suspended the execution of the incarceration and placed the respondent on probation for one year subject to his compliance with numerous conditions including his continuance with psychiatric counseling.
Relator, the Office of Disciplinary Counsel, filed a complaint against respondent alleging violations of DR 1-102(A)(3) (engaging in illegal conduct involving moral turpitude); DR 1-102(A)(5) (engaging in conduct that is prejudicial to the administration of justice); and DR 1-102(A)(6) (engaging in conduct that adversely reflects upon respondent's fitness to practice law). All these violations stemmed directly from respondent's conviction of extortion.
On June 6, 1984, a hearing was held before the board concerning the violations alleged; however, respondent failed to attend the hearing. The service of the complaint and notice of hearing was made upon the Clerk of the Supreme Court as provided for in Gov. Bar R. V(31). Efforts to procure service on the respondent by certified mail and by the Sheriff of Summit County were unsuccessful, since the respondent had moved out of this country without providing a forwarding address to the postal authorities.
The board found respondent to have violated all the aforementioned Disciplinary Rules, and recommended that respondent be permanently disbarred from the practice of law in the state of Ohio.
Angelo J. Gagliardo, disciplinary counsel, and Mark H. Aultman, for relator.
Gov. Bar R. V(7) provides in part that "[a] person who has been suspended for an indefinite period from the practice of law and thereafter reinstated in the manner hereinafter provided should be disbarred upon being found guilty of subsequent misconduct."
Our review of the record leads us to conclude that respondent violated DR 1-102(A)(3), (5) and (6) of the Code of Professional Responsibility.
Although the respondent was not reinstated after his indefinite suspension, we agree with the board that we have no option available but to impose a permanent disbarment of the respondent given the seriousness of his conviction of extortion and taking into consideration his prior violation of commingling funds. Respondent has moved from the United States, and has failed to file his affidavit of compliance and surrender his certificate of admission as ordered in the suspension entry.
Accordingly, we adopt the recommendation of the board of commissioners, and respondent is hereby permanently disbarred from the practice of law in the state of Ohio.
Judgment accordingly.
CELEBREZZE, C.J., SWEENEY, LOCHER, HOLMES, C. BROWN, DOUGLAS and WRIGHT, JJ., concur.