Disciplinary Counsel v. Meyer
134 Ohio St. 3d 180
| Ohio | 2012Background
- Respondent Rebecca Christine Meyer (f.k.a. Gee) was admitted in Ohio in 2003 and Kentucky; she changed her last name to Meyer but did not update OS; she previously was suspended in 2010 for CLE noncompliance and paid sanctions; reinstated in June 2011 after satisfying CLE and sanctions; in Oct 2011 disciplinary counsel filed a 3-count complaint alleging practicing while suspended, false/misleading statements, and failure to update professional name; a panel recommended 18-month suspension with 12 months stayed conditioned on OLAP; Kentucky reciprocal discipline led to a June 2012 order; the Board adopted 18-month suspension with 6 months stayed; Meyer stipulated to misconduct in three counts; the Court ultimately suspends for 18 months with 6 months stayed and costs taxed to Meyer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Meyer violated professional conduct rules by practicing while suspended | Meyer continued practice during suspension | Meyer disputes continuous practice violating the rules | Yes, violation established and necessitating suspension |
| Whether Meyer’s misleading statements to disciplinary counsel violated ethics rules | Meyer knowingly misled disciplinary authorities | Meyer contested the characterization of statements | Yes, violations of 8.1(a)(b) and 8.4(h) proven |
| Whether Meyer failed to update registration name, violating Gov.Bar R VI(1)(D) | Failure to update name used professionally violated rules | Name update was not promptly completed | Yes, violation established under 8.4(h) |
| Appropriate sanction for Meyer’s misconduct | Suspension with conditions appropriate given aggravating factors | Alternative sanctions less severe could be warranted | 18-month suspension with 6 months stayed, conditioned on OLAP compliance |
Key Cases Cited
- Disciplinary Counsel v. Higgins, 117 Ohio St.3d 473 (2008-Ohio-1509) (discipline for continuing to practice during suspension supports suspension)
- Disciplinary Counsel v. MacLean, 106 Ohio St.3d 50 (2005-Ohio-3672) (sanctions in similar continued practice cases)
- Toledo Bar Assn. v. Crandall, 98 Ohio St.3d 444 (2003-Ohio-1637) (case guiding sanction choices for practicing while suspended)
- Disciplinary Counsel v. Fowerbaugh, 74 Ohio St.3d 187 (1995) (actual suspension necessary for certain misconduct)
- Disciplinary Counsel v. Gee, 132 Ohio St.3d 1229 (2012-Ohio-2754) (reciprocal discipline context influencing sanction)