Dayton Bar Assn. v. Greenberg
135 Ohio St. 3d 430
| Ohio | 2013Background
- Greenberg is an Ohio attorney admitted in 2004; license suspended on interim basis after felony conviction (Nov. 23, 2010).
- Relator Dayton Bar Association charged him with Prof.Cond.R. 8.4(b) and (h) misconduct; board panel found misconduct and recommended indefinite suspension with no credit for interim suspension time.
- From Feb. to Apr. 2009, Greenberg used the internet to contact undercover officers posing as minors, engaging in explicit chats and streaming sexual content.
- He later pled guilty in federal court to two counts (possessing and transferring obscene material to minors); sentenced to two years in prison, plus five years of supervised release and sex-offender designation.
- He stopped practicing, changed his license to inactive, and faced a publicized, highly punitive sanctions process.
- The Board recommended, and the Court agreed, that Greenberg be indefinitely suspended with no credit for time served under the interim suspension; costs taxed to Greenberg; some dissents noted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 8.4(b)/(h) misconduct warrants indefinite suspension | Dayton Bar advocates an indefinite suspension given egregious conduct | Greenberg argues mitigating factors reduce sanction | Indefinite suspension upheld; no credit for interim suspension |
| Whether Greenberg should receive credit for time served under interim suspension | Bar Association argues no credit is appropriate | Greenberg contends credit should be allowed | No credit awarded; interim suspension credit denied |
| How aggravating/mitigating factors affect sanction in comparable cases | Bar cites aggravating factors; seeks severe sanction | Greenberg cites mitigating factors and lack of prior discipline | Aggravating factors predominant; sanction confirmed as indefinite suspension |
| Role of prior discipline and personal circumstances in sanction | Bar emphasizes no prior discipline as mitigation | Greenberg emphasizes therapy, cooperation, and life consequences | Mitigating factors weighed; ultimate sanction remains indefinite suspension with no interim-credit |
Key Cases Cited
- Disciplinary Counsel v. Butler, 128 Ohio St.3d 319 (2011-Ohio-236) (interim felony suspension; similar aggravation/mitigation framework)
- Disciplinary Counsel v. Ridenbaugh, 122 Ohio St.3d 583 (2009-Ohio-4091) (indefinite suspension with credit for time served; factors similar to Greenberg)
- Disciplinary Counsel v. Goldblatt, 118 Ohio St.3d 310 (2008-Ohio-2458) (felony-related misconduct; no credit for interim suspension unless no reoffense risk)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007-Ohio-5251) (aggravating/mitigating factors; discretionary sanction framework)
- Stark County Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (use of comparable cases; structure of sanction considerations)