Disciplinary Counsel v. Moore
149 Ohio St. 3d 509
| Ohio | 2017Background
- Amy Michelle Moore, admitted 2004, represented Beth Cochran in an emergency child-custody matter in 2013.
- Moore prepared an affidavit supporting an emergency custody motion, signed Cochran’s name to the affidavit without indicating it was signed on Cochran’s behalf.
- Moore notarized the signature, falsely representing Cochran had sworn to and subscribed the affidavit in Moore’s presence.
- Moore filed the motion and affidavit in Knox County Juvenile Court on May 1, 2013.
- Disciplinary Counsel charged Moore with knowingly making a false statement to a tribunal in violation of Prof.Cond.R. 3.3(a)(1); Moore admitted the misconduct and stipulated mitigating factors.
- The Board adopted the stipulated facts and recommended a public reprimand; the Supreme Court of Ohio publicly reprimanded Moore and taxed costs to her.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moore knowingly made a false statement to a tribunal by signing and notarizing Cochran’s name | Disciplinary Counsel: Moore knowingly falsified the affidavit and notarization, violating Prof.Cond.R. 3.3(a)(1) | Moore: (admitted) accepted facts but presented mitigating circumstances and lack of dishonest motive | Court: Moore knowingly made a false statement to a tribunal; violation established |
| Appropriate sanction for the misconduct | Disciplinary Counsel: Public reprimand is appropriate given precedent and mitigating factors | Moore: Mitigating factors (no prior record, cooperation, character) support a public reprimand rather than harsher discipline | Court: Public reprimand imposed, costs taxed to Moore |
Key Cases Cited
- Disciplinary Counsel v. Mezacapa, 101 Ohio St.3d 156 (publicly reprimanding attorney who signed client’s name to affidavit and notarized it as client’s)
- Disciplinary Counsel v. Flowers, 139 Ohio St.3d 338 (publicly reprimanding attorney who signed client’s name to multiple affidavits and improperly notarized them)
- Disciplinary Counsel v. Wilson, 142 Ohio St.3d 439 (publicly reprimanding attorney who signed an affiant’s name without noting she had signed on behalf of the affiant and encouraged the affiant to claim the signature)