Columbus Bar Assn. v. Hunter
958 N.E.2d 567
Ohio2011Background
- Columbus Bar Association sued Hunter after his 2010 felony conviction for failing to report cash over $10,000 in his practice.
- Interim license suspension occurred May 24, 2010; proceeding to disciplinary hearing followed a stipulated, non‑trial record.
- Stipulations alleged four counts of professional misconduct involving criminal conduct, client handling, and trust account discipline.
- Board adopted the stipulations and recommended indefinite suspension with restitution to harmed clients (replacing arbitration with restitution).
- The Supreme Court adopted the board’s findings and imposed indefinite suspension conditioned on federal supervised release and restitution; costs were taxed to Hunter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether criminal conduct and misconduct warrant indefinite suspension | Hunter's crimes and pattern justify indefinite suspension | An 18‑month suspension with mitigation should suffice | Indefinite suspension with restitution and supervised release conditioning |
| Whether Scott matter violated competent representation and communication rules | Violations of 1.1, 1.3, 1.4, and 8.4(h) proven | Record insufficient to support some allegations | Proven violations in Count Two |
| Whether Strickler matter violated fee and withdrawal duties | Violations of 1.1, 1.3, 1.4, and 8.4(h) evidenced | Fees earned and reliance on disputed accounting | Violations established; restitution ordered |
| Whether mismanagement of client funds violated trust accounting rules | Overdrafts and poor accounting violated 1.15(a) and 8.4(h) | Acknowledges inadequate procedures but disputes extent of harm | Violations established; sanctions appropriate |
| Whether restitution should be a condition of reinstatement | Restoration to harmed clients and fund reimbursements | Arbitration avenues and linked restitution | Indefinite suspension conditioned on restitution to harmed clients and supervised release |
Key Cases Cited
- Cincinnati Bar Assn. v. Zins, 116 Ohio St.3d 1 (2007-Ohio-5263) (indefinite suspension possible for criminal misconduct)
- Disciplinary Counsel v. Stern, 106 Ohio St.3d 266 (2005-Ohio-4804) (severe sanction for federal crimes and related misconduct)
- Cincinnati Bar Assn. v. Kellogg, 126 Ohio St.3d 360 (2010-Ohio-3285) (indefinite suspension with supervised release conditioning)
- Disciplinary Counsel v. Gittinger, 125 Ohio St.3d 467 (2010-Ohio-1830) (indefinite suspension with credit for time served and supervised release)
- Disciplinary Counsel v. Bennett, 124 Ohio St.3d 314 (2010-Ohio-313) (indefinite suspension with restitution and supervised release)