Disciplinary Counsel v. Eisler
143 Ohio St. 3d 51
| Ohio | 2015Background
- Eisler, admitted in 1980 in Ohio, had his Ohio-law license suspended in 2012 for CLE noncompliance and registered inactive in 2013.
- On Sept. 11, 2013, a probable-cause panel certified a single-count complaint alleging Eisler argued before the Ninth District Court while his license was suspended.
- Eisler admitted the misconduct in his answer.
- The parties reached stipulations and proposed sanctions; the panel initially recommended a two-year suspension with a stayed portion, and the board adopted this recommendation.
- There was dispute over Eisler’s prior disciplinary history; the panel sought further evidence, and Eisler ultimately did not appear at a panel hearing.
- The board found Eisler violated Prof.Cond.R. 5.5(a) and 8.4(d), dismissed 8.4(h), and recommended a two-year suspension with the second year stayed; costs were taxed to Eisler.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eisler violated professional conduct rules | Relator asserts violations of 5.5(a) and 8.4(d). | Eisler concedes misconduct; focus on sanction and aggravating factors. | Yes, violations of 5.5(a) and 8.4(d) proven; 8.4(h) dismissed. |
| Appropriate sanction for the misconduct | Board recommendation aligned with comparable cases. | Mitigating factors limited; prior suspensions justify significant discipline. | Two-year suspension with the second year stayed on conditions. |
| Role of Eisler's prior disciplinary history in aggravation | Prior suspensions should aggravate the sanction. | Mitigation based on immediate cooperation; minimal other factors. | Board's aggravation finding upheld; prior suspensions considered. |
| Whether Eisler's failure to appear at the panel hearing affected the sanction | Nonappearance signals disregard for disciplinary process. | Not as egregious as nonparticipation in other cases; some cooperation exists. | Despite nonappearance, sanction remains two-year suspension with conditions. |
Key Cases Cited
- Disciplinary Counsel v. Koury, 77 Ohio St.3d 433 (1997-Ohio-) (normal penalty for practicing while suspended noted)
- Disciplinary Counsel v. Bancsi, 79 Ohio St.3d 392 (1997-Ohio-) (one-year suspension with six months stayed for similar misconduct)
- Disciplinary Counsel v. Freeman, 126 Ohio St.3d 389 (2010-Ohio-3824) (indefinite suspension for continued practice while under investigation)
- Toledo Bar Assn. v. Crandall, 98 Ohio St.3d 444 (2003-Ohio-1637) (disciplinary outcomes for egregious missteps during investigation)
- Akron Bar Assn. v. Barron, 85 Ohio St.3d 167 (1999-Ohio-) (considerations of prior disciplinary history in sanctions)