Monday, December 20, 2010

Theft By Special Advocates Treasurer Results In Disbarment

The web page of the Ohio Supreme Court reports:

The Supreme Court of Ohio today indefinitely suspended the law license of [an] Akron attorney...for professional misconduct arising from his theft of funds from the Summit County Court Appointed Special Advocates (CASA) Board while serving as treasurer of that board.

In a per curiam opinion, the Court adopted findings by the Board of Commissioners on Grievances & Discipline that [the attorney], whose license has been under an interim suspension since January 2010 based on his guilty plea to a felony count of grand theft, violated the state attorney discipline rules that prohibit illegal acts that reflect adversely on a lawyer’s honesty, engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, and engaging in conduct that adversely reflects of an attorney’s fitness to practice law.

In setting the sanction for [his] violations, the Court balanced aggravating and mitigating factors in the case, including the facts that Muntean self-reported his misconduct and has made full restitution to CASA of the funds he took. The Court voted to impose an indefinite license suspension with credit for the 11 months [his] license has been under interim suspension. As a result, the earliest he would be eligible to apply for reinstatement is January 2012.

The court’s opinion was joined by Chief Justice Eric Brown and Justices Paul E. Pfeifer, Evelyn Lundberg Stratton, Maureen O’Connor, Judith Ann Lanzinger and Robert R. Cupp. Justice Terrence O’Donnell concurred with the sanction of an indefinite suspension, but indicated that he would not credit [the attorney] with the months he has served under interim suspension.

The opinion is linked here. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/12/the-web-page-of-the-ohio-supreme-court-reports-the-supreme-court-of-ohio-today-indefinitely-suspended-the-law-license-of-a.html

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