Wednesday, October 10, 2012

Limited Remand For Mitigation Evidence

The Ohio Supreme Court remanded a disciplinary case rather than impose the proposed sanction of permanent disbarment.

The attorney is already serving an indefinite suspension. He defaulted on charges in six matters. Before the court, he sought to introduce evidence of his depression as mitigation.

The court noted that remands in such cases have been granted in a small, but growing, number of cases. Remand is granted in such matters for the limited purpose of establishing that the attorney suffers from a treatable condition.

The attorney had failed to honor an earlier commitment to treatment through the Bar's counseling program but wishes to explore renewed supervision. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/10/limited-remand-for-mitigation-evidence.html

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