142 Ohio St. 3d 448
Ohio2015Background
- Meyer was admitted to practice in Ohio (2003) and Kentucky (2002).
- Kentucky suspended her in 2009 for unpaid dues and CLE noncompliance; Ohio also suspended her for CLE noncompliance (reinstated in 2011).
- Kentucky suspended her again in 2012 for practicing under suspension and nonresponse; Ohio issued reciprocal discipline suspensions.
- November 2012 and subsequent orders extended suspensions; Meyer has not been reinstated in Kentucky and remains under Ohio suspensions.
- Relator charged Meyer with failing to notify courts/opposing counsel of suspension, practicing in two cases, and not responding to inquiry; default and later stipulations followed, admitting misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Meyer violate professional conduct rules by practicing during suspension and failing to respond? | Relator contends violations established. | Meyer disputes but admitted facts in stipulations. | Yes, violated 1.16(a)(1), 3.4(c), 5.5(a), 8.1(b), 8.4(d). |
| Was the 8.4(h) violation properly dismissed? | Relator argued 8.4(h) should be sustained. | Parties agreed 8.4(h) should be dismissed. | 8.4(h) dismissal affirmed. |
| What is the appropriate sanction for Meyer’s misconduct? | Indefinite suspension warranted due to continued practice during suspension. | (Meyer) contesting but agreement on factors. | Indefinite suspension appropriate. |
| What conditions must be met for reinstatement? | Reinstatement conditioned on OLAP compliance, Kentucky reinstatement, prior orders, no further misconduct. | (Meyer) must satisfy same reinstatement prerequisites. | Reinstatement only after OLAP compliance, Kentucky reinstatement, prior-order compliance, no new misconduct. |
Key Cases Cited
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (aggravating factors and discipline standards used in sanctions)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007-Ohio-5251) (recognizes aggravating/mitigating factor framework)
- Columbus Bar Assn. v. Winkfield, 107 Ohio St.3d 360 (2006-Ohio-6) (indefinite suspension for practicing during prior suspension)
- Disciplinary Counsel v. Jackson, 86 Ohio St.3d 104 (1999-Ohio-) (indefinite suspension after misconduct and prior discipline)