Disciplinary Counsel v. Character, 950 N.E.2d 177

Respondent Dea Lynn Character, admitted 1989, was disbarred in Ohio by the Supreme Court for multiple ethical violations.
The Board found more than 40 violations of the ethical rules across numerous clients and matters.
Respondent had prior discipline, including a six-month stayed suspension (1998) for fiscal and professional faults.
Interim license suspension occurred in 2009 due to felony convictions for corrupt activity, theft by deception, and money laundering.
The panel and board recommended permanent disbarment; respondent contested the findings and due process claims.
The Court adopted the board’s findings, sustained most misconduct, and permanently disbarred Respondent with costs taxed to her.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the board’s findings of misconduct are supported by clear and convincing evidence	Disciplinary Counsel	record supports 40+ rule violations	Character	she appeared and contested facts; some counts lack sufficient evidence	Yes; record supports misconduct and disbarment
Whether certain counts should be dismissed for lack of evidence or improper proof	Disciplinary Counsel	counts 4 and 19 vindicate board’s findings	Character	some counts overstated or not proven	Counts 4 and 19 sustained in part; others dismissed as indicated in opinion
Whether due process was compromised by concurrent criminal proceedings and incarceration	Disciplinary Counsel	procedures adequate under Rules for Bar Discipline	Character	incarceration and parallel proceedings prejudiced defense	No; due process satisfied under governing standards
What sanction is appropriate given the misconduct	Disciplinary Counsel	permanent disbarment warranted	Character	alternate sanctions possible	Permanent disbarment adopted as sanction
Whether the panel composition affected the proceedings	Disciplinary Counsel	panel majority quorum satisfied	Character	two of three panel members presided; asserted prejudice	Procedural concerns resolved; no merit to prejudice claim

Cleveland Bar Assn. v. Character-Floyd, 83 Ohio St.3d 306 (1998) (discipline for failure to maintain client funds and other fiduciary duties)
Newman, 124 Ohio St.3d 505 (2010) (default proceedings require sworn or certified evidence)
Sebree, 104 Ohio St.3d 448 (2004) (default disciplinary evidence must be sworn; prima facie showing)
Wilson, 127 Ohio St.3d 10 (2010) (default discipline record must prove misconduct; evidence adequate)
O’Malley, 126 Ohio St.3d 443 (2010) (disbarment for criminal conduct and pattern of misconduct)
Weaver, 102 Ohio St.3d 264 (2004) (persistent neglect and dishonesty warrant disbarment)