2016 Ohio 3052
Ohio2016Background
- Angela Joy Glaser, admitted 2013, was charged by the Cincinnati Bar Association after a misdemeanor conviction for attempting to permit drug abuse on her premises.
- Police searched Glaser’s rented home in January 2014 and found illegal drugs, digital scales, and a gun registered to Glaser that contained heroin; her then-boyfriend Jackie Sanders pled to multiple felonies and was imprisoned.
- Glaser initially faced a fifth-degree felony charge but pled to a lesser misdemeanor attempt charge and paid a $100 fine.
- At the disciplinary hearing Glaser acknowledged concerns about Sanders’s visitors but denied knowledge of the drugs, the scales, or placing heroin in her gun; she cooperated with authorities and reported her conduct to disciplinary counsel.
- The Board found a violation of Prof.Cond.R. 8.4(b) (illegal act reflecting on honesty/trustworthiness), dismissed a later-added 8.4(h) charge, and recommended a six-month suspension stayed on conditions. The Supreme Court adopted the recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Glaser violated Prof.Cond.R. 8.4(b) by permitting drug use on her premises | Bar: Conviction for attempting to permit drug abuse reflects adversely on honesty/trustworthiness and triggers Rule 8.4(b) discipline | Glaser: Denies knowledge of drugs, scales, or placing heroin; asserts limited culpability and cooperation | Court: Found Rule 8.4(b) violation based on conviction and hearing evidence |
| Whether the added charge under Prof.Cond.R. 8.4(h) should be sustained | Bar: Additional charge that conduct adversely reflects on fitness to practice | Glaser: Opposed; argued insufficient basis | Court: Dismissed the 8.4(h) allegation |
| Appropriate sanction for the misconduct | Bar: Discipline warranted consistent with precedent for misdemeanor convictions | Glaser: Mitigating factors (no prior discipline, cooperation, self-reporting) reduce sanction | Court: Imposed six-month suspension, fully stayed on conditions (consistent with analogous cases) |
| Conditions for staying suspension and consequences of noncompliance | Bar: Require remediation and monitoring | Glaser: Accepted conditions | Court: Stay conditioned on domestic-abuse assessment and compliance, new-lawyer monitoring, no further misconduct, and payment of costs; stay to be lifted if conditions not met |
Key Cases Cited
- Disciplinary Counsel v. Grigsby, 128 Ohio St.3d 413, 2011-Ohio-1446, 945 N.E.2d 512 (longer stayed suspension where misdemeanor conviction coupled with dishonesty)
- Disciplinary Counsel v. Grubb, 142 Ohio St.3d 521, 2015-Ohio-1349, 33 N.E.3d 40 (stayed six-month suspension for misdemeanor conviction with mitigation and no dishonesty)
- Disciplinary Counsel v. Carroll, 106 Ohio St.3d 84, 2005-Ohio-3805, 831 N.E.2d 1000 (stayed six-month suspension where significant mitigation and no aggravating factors)