Cleveland Metropolitan Bar Association v. McElroy
140 Ohio St. 3d 391
Ohio2014Background
- Respondent Kenneth K. McElroy admitted to Ohio bar in 1999 and received an interim license suspension October 13, 2011 after his 2005 forgery and tampering convictions.
- Relator Cleveland Metropolitan Bar Association filed a 13-count complaint on August 6, 2012 alleging misconduct arising from the convictions and related conduct.
- Parties submitted stipulations; recommended 18-month suspension with 6 months stayed and no further misconduct.
- Panel held a hearing, adopted the stipulations, and recommended a two-year suspension pending proof of cessation of lying; the board recommended indefinite suspension.
- The Court adopted the board’s findings, imposing an indefinite suspension with no credit for time served under the interim suspension, and taxed costs to McElroy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is indefinite suspension appropriate for McElroy’s misconduct? | Board/Relator: pattern of dishonesty warrants indefinite suspension | McElroy: 18-month suspension with limited stay and credit for interim suspension | Yes; indefinite suspension affirmed |
| Should time served under interim suspension be credited? | Credit for time served under the interim felony suspension | No credit | No credit awarded |
| Did McElroy’s conduct demonstrate a pattern of lying justifying severe sanction? | Pattern of lies shows unfitness to practice | Mitigating factors outweigh pattern claim | Yes, pattern supports indefinite suspension |
Key Cases Cited
- Disciplinary Counsel v. Insley, 104 Ohio St.3d 424 (2004-Ohio-6564) (indefinite suspension for deceptive conduct; parallels to falsification in disciplinary context)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (aggravation/mitigation balancing in sanctions for attorney misconduct)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007-Ohio-5251) (weigh aggravating and mitigating factors in sanctions)
- Disciplinary Counsel v. Woods, 28 Ohio St.3d 245 (1986-Ohio-503) (longstanding duty of candor; indeterminate but relevant to sanctioning)
- Cincinnati Bar Assn. v. Nienaber, 80 Ohio St.3d 534 (1997-Ohio-678) (emphasizes complete candor to courts and harsh sanctions for dishonesty)