2011 Ohio 4554
Ohio2011Background
- Respondent Doreen Cantrell, admitted Ohio attorney since 1988, pleaded guilty to two counts of felony grand theft and one count of possession of cocaine in 2009.
- Following convictions, the court imposed interim felony suspension pending disciplinary proceedings.
- Disciplinary Counsel filed a two-count complaint alleging violations of Prof.Cond.R. 8.4(b) and (h) based on the criminal conduct.
- Parties stipulated that Cantrell violated 8.4(b) and (h), with mitigating factors (full disclosure, cooperative attitude, other penalties) and aggravating factors (dishonest motive, multiple offenses, prior discipline).
- Board recommended permanent disbarment; Cantrell argued for indefinite suspension, aided by evidence of restitution efforts and treatment for chemical dependency and mental illness.
- Court agreed misconduct occurred but modified sanction to indefinite suspension served consecutively to Cantrell’s prior May 20, 2010 indefinite suspension; costs taxed to Cantrell.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What is the appropriate sanction for Cantrell’s misconduct? | Cantrell seeks indefinite suspension; relator urges permanent disbarment. | Cantrell argues for lesser sanction due to restitution efforts and treatment; Board urged disbarment. | Indefinite suspension, not permanent disbarment. |
| Should the interim felony suspension be treated as a prior disciplinary offense? | Interim suspension should be counted as a prior offense for aggravation. | Interim suspensions are not prior disciplinary offenses and should not aggravate sanction. | Interim felony suspension is not a prior disciplinary offense; nonetheless, aggravation present for other factors justifies indefinite suspension. |
Key Cases Cited
- Linnen, 111 Ohio St.3d 507 (2006-Ohio-5480) (sanction factors include duties violated, injury, mental state, and comparable sanctions)
- O'Neill, 103 Ohio St.3d 204 (2004-Ohio-4704) (primary purpose of sanctions is public protection)
- Sterner, 77 Ohio St.3d 164 (1996-Ohio-633) (evidence timing rules; limited late-stage mitigation)
- Ulinski, 106 Ohio St.3d 53 (2005-Ohio-3673) (interim suspensions acknowledged but not prior offenses)
- O'Malley, 126 Ohio St.3d 443 (2010-Ohio-3802) (interim suspensions not prior offenses)
- Gittinger, 125 Ohio St.3d 467 (2010-Ohio-1830) (prior interim suspensions not counted as prior offenses)
- Andrews, 124 Ohio St.3d 523 (2010-Ohio-931) (prior disciplinary factors considered in sanction)
- LoDico, 118 Ohio St.3d 316 (2008-Ohio-2465) (felony and misdemeanor convictions may warrant indefinite suspension)
- Saunders, 127 Ohio St.3d 241 (2010-Ohio-5708) (indefinite suspension for additional infractions when prior felony conviction exists)
- Butler, 128 Ohio St.3d 319 (2011-Ohio-236) (treats interim suspensions in aggravation analysis)