Opinion
D.D. No. 14
Decided July 5, 1961.
Attorneys at law — Disciplinary action — Indefinite suspension — Petition for reinstatement — Conduct disqualifying petitioner for reinstatement.
ON PETITION for reinstatement.
Petitioner, Edwards, has filed with the clerk of this court a petition seeking reinstatement to the practice of law. It appears from the record that petitioner received money belonging to a client, deposited it in his (petitioner's) own name and failed to account for the same to his client. For such unprofessional conduct, the Court of Common Pleas suspended him as an attorney at law, the suspension to continue for such a minimum period of time until complete restitution is made of all money belonging to his client and for such further period of time, if any, as may be ordered by the court.
Petitioner alleges that he has dutifully complied with the order of the Court of Common Pleas as to both the letter and spirit of the law, and that he has rehabilitated himself. He prays that he may be permitted to take the bar examination and, conditioned upon his passing such examination, that he may be reinstated as an attorney at law.
The matter was referred to the Board of Commissioners on Grievances and Discipline, and a duly appointed hearing panel of three members heard the cause. The hearing panel found that petitioner had rehabilitated himself, and that he possesses the qualifications which would have been a requirement for his admission to the practice of law at the time of his original admission, and recommended that he be permitted to take the regular bar examination and, conditioned on his passing, be reinstated to the practice of law.
The board made a similar finding of facts and recommendation, and the matter is now before this court for disposition.
Mr. Otto C. Moyer, for petitioner.
Mr. Gillum H. Doolittle, Mr. Rice A. Hershey and Mr. James P. Kelley, for the Akron Bar Association.
After an examination of the entire proceedings, this court is of the opinion that petitioner does not possess the qualifications which would entitle him to admission to the practice of law.
Accordingly, the petition for reinstatement is denied, and the report of the Board of Commissioners on Grievances and Discipline is disapproved.
Report disapproved and judgment accordingly.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, RADCLIFF and O'NEILL, JJ., concur.
RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of HERBERT, J.