Friday, March 20, 2009
From the web page of the Ohio Supreme Court:
Because the professional misconduct charges against McAuliffe arose from his criminal convictions, the Board of Commissioners on Grievances & Discipline granted his request to stay its disciplinary proceedings against him until his appeals contesting those convictions had been adjudicated in the federal court system. That process was finally completed in late 2007, when the U.S. Supreme Court declined to review a ruling by the Sixth Circuit Court of Appeals affirming his convictions.
In today’s decision, the Court adopted the commissioners’ findings that McAuliffe had violated the state attorney discipline rules that prohibit illegal conduct involving moral turpitude; conduct involving dishonesty, fraud, deceit or misrepresentation; conduct prejudicial to the administration of justice; and conduct that reflects adversely on an attorney’s fitness to practice. The Court also found violations of the state judicial conduct rules that require judges to comply with the law at all times and to avoid impropriety.
In affirming the board’s recommendation of permanent disbarment as the appropriate sanction, the Court reiterated its holding in a 1998 judicial discipline case that: “When a judge’s felonious conduct brings disrepute to the judicial system, the institution is irreparably harmed. ... By this sanction, we aim to protect both the public and the integrity of the judicial system itself.”
The court's opinion is linked here. (Mike Frisch)