Disciplinary Counsel v. Doumbas
149 Ohio St. 3d 628
| Ohio | 2017Background
- Marc G. Doumbas, admitted 2001, was criminally convicted of two third-degree felony bribery counts arising from efforts to induce victims to support leniency for Doumbas’s client, Thomas Castro; he served an imposed prison term and was fined.
- Disciplinary Counsel charged Doumbas with violating Prof.Cond.R. 8.4(b) and 8.4(d) for committing an illegal act that reflects on honesty and for conduct prejudicial to the administration of justice; parties submitted joint stipulations of fact and misconduct.
- The Board of Professional Conduct adopted stipulations, found aggravating factors (victim vulnerability, refusal to acknowledge wrongdoing, and failure to pay fines/costs) and mitigating factors (no prior discipline, served sentence, cooperative, character evidence), and recommended indefinite suspension with credit for time served under an interim felony suspension.
- The board compared Doumbas’s misconduct to co-defendants: Martinez (six-month stayed suspension after misdemeanor plea) and Calabrese (disbarment after numerous felony convictions) and concluded Doumbas’s misconduct was between those extremes.
- The Supreme Court of Ohio adopted the board’s findings and indefinitely suspended Doumbas, granting credit for time served under the interim felony suspension and conditioning any reinstatement petition on full payment of criminal fines, court costs, and disciplinary costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Doumbas violated Prof.Cond.R. 8.4(b) and 8.4(d) by participating in the bribery scheme | Relator: Doumbas was complicit in a scheme to induce victims to support leniency; circumstantial evidence supports misconduct | Doumbas: Denies direct participation and maintains innocence | Court: Adopted board — violations of 8.4(b) and 8.4(d) established |
| Appropriate disciplinary sanction | Relator: Indefinite suspension appropriate given felony convictions and harm | Doumbas (via stipulation): Jointly recommended indefinite suspension; sought credit for interim suspension time served | Court: Indefinite suspension imposed; credit granted for interim suspension time served |
| Whether credit should be given for time under interim felony suspension | Relator did not oppose indefinite suspension but contested credit? (parties jointly recommended credit; relator's position largely aligned with board) | Doumbas: Requested credit for time served under interim felony suspension | Court: Granted credit for time served under interim felony suspension |
| Conditions for reinstatement | Relator: Require payment of fines, costs before reinstatement | Doumbas: Had not paid fines/costs and sought reinstatement eligibility | Court: Reinstatement petition allowed only after full payment of criminal fines, court costs, and disciplinary costs |
Key Cases Cited
- Disciplinary Counsel v. Martinez, 146 Ohio St.3d 212 (2016) (comparison case where attorney received a stayed six-month suspension after misdemeanor plea)
- Disciplinary Counsel v. Calabrese, 143 Ohio St.3d 229 (2015) (disbarment following multiple felony convictions and severe misconduct)
- In re Doumbas, 138 Ohio St.3d 1225 (2014) (interim felony suspension of Doumbas’s law license following criminal convictions)
- Disciplinary Counsel v. Gittinger, 125 Ohio St.3d 467 (2010) (authority granting credit for interim suspension where misconduct was a one-time violation with significant mitigation)
- Disciplinary Counsel v. Blaszak, 104 Ohio St.3d 330 (2004) (authority supporting credit for lengthy interim suspension where attorney demonstrated contrition and strong character evidence)
- Disciplinary Counsel v. Kraemer, 126 Ohio St.3d 163 (2010) (authority granting partial credit for time served when attorney accepted responsibility and misconduct was limited)