Disciplinary Counsel v. Butler
128 Ohio St. 3d 319
| Ohio | 2011Background
- Butler, an Ohio-licensed attorney since 2001, practices in Ohio and is admitted to the Ohio bar.
- On December 4, 2008, after his conviction and sentencing on ten felony counts involving a minor, an interim felony suspension was imposed under Gov. Bar R. V(5)(A)(4).
- The felony offenses underlying the convictions occurred in 2004–2005.
- Disciplinary Counsel filed a complaint charging Butler with DR 1-102(A)(3) (moral turpitude) and DR 1-102(A)(6) (fitness to practice).
- The Board found misconduct and, considering mitigation (no prior disciplinary record, full disclosure, cooperative attitude) and lack of aggravation, recommended indefinite suspension with no credit for time served.
- The Supreme Court adopted the Board’s findings and imposed an indefinite suspension with no credit for time served; costs taxed to Butler; a dissent would have permanently disbarred him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Butler violated DR 1-102(A)(3) and (A)(6). | Butler engaged in conduct involving moral turpitude and adversely reflected on fitness. | Butler disputes characterization but acknowledges conduct under review. | Yes; violations established. |
| Appropriate sanction for Butler's misconduct. | Indefinite suspension justified given seriousness and lack of aggravation. | Suspension or disbarment should be considered according to mitigating factors. | Indefinite suspension with no credit for interim suspension. |
| Whether credit should be given for time served under interim suspension. | No credit should be given due to the Board’s recommended sanction. | Credit should be considered for time served during interim suspension. | No credit for time served. |
Key Cases Cited
- In re Butler, 120 Ohio St.3d 1427 (2008-Ohio-6274) (interim suspension following felony conviction)
- Disciplinary Counsel v. Ridenbaugh, 122 Ohio St.3d 583 (2009-Ohio-4091) (indefinite suspension with time-served credit for interim suspension cited as analogous)
- Disciplinary Counsel v. Butler, 128 Ohio St.3d 319 (2011-Ohio-236) (indefinite suspension with no credit for time served; board-imposed sanction approved)