Cleveland Metropolitan Bar Association v. Haynes
143 Ohio St. 3d 528
| Ohio | 2015Background
- Respondent Dawn Trinah Haynes is licensed in Ohio (2001).
- She was suspended on an interim basis in May 2013 after a felony conviction for receiving stolen property.
- In November 2013, the Court imposed an additional suspension for failure to register for the 2013-2015 biennium.
- In March 2014, the relator filed a complaint alleging dishonest conduct related to the felony conviction.
- She pled guilty to one count of receiving stolen property (April 2013) and received 24 months of community control with restitution.
- The Board recommended a two-year suspension with six months stayed and credit for time served under interim suspension; the Board adopted this recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Haynes violated Prof. Cond. R. 8.4(b)(c)(h). | Relator; Haynes engaged in illegal acts reflecting dishonesty and deceit. | Haynes’s conduct violated professional rules and should be treated as misconduct. | Yes; conduct violated 8.4(b), (c), (h). |
| Appropriate sanction for misconduct. | Two-year suspension with six months stayed is appropriate. | Sanction should reflect mitigating factors and comparable cases. | Two-year suspension with six months stayed; time served under interim suspension not credited. |
| Credit for time served under interim felony suspension. | Credit should be given for interim suspension time. | Credit should be recognized under analogous cases. | No credit for time served; final two years with six months stayed remains. |
Key Cases Cited
- Disciplinary Counsel v. Grigsby, 128 Ohio St.3d 413 (2011-Ohio-1446) (suspension with conditions for misconduct involving misuse of a corporate card)
- Disciplinary Counsel v. Kraemer, 126 Ohio St.3d 163 (2010-Ohio-3300) (two-year suspension with time served credit for interim felony suspension; misappropriation case)
- Akron Bar Assn. v. Carter, 115 Ohio St.3d 18 (2007-Ohio-4262) (two-year suspension with final year stayed for theft and misuse offenses)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (consideration of aggravating and mitigating factors in sanctioning)