Disciplinary Counsel v. Muntean
127 Ohio St. 3d 427
| Ohio | 2010Background
- Respondent Muntean served as treasurer of CASA; only he could sign checks and use the CASA debit card.
- Starting Sept. 2008, he used CASA funds for personal expenses, converting nearly $50,000.
- He attempted to conceal withdrawals from board members; records were later obtained by other means.
- A Summit County grand jury indicted him for grand theft; he pleaded guilty and was sentenced to six months, with restitution conditions.
- Relator filed a disciplinary complaint; interim felony suspension began January 8, 2010, pending final disposition.
- The Board found violations of Prof.Cond.R. 8.4(b), (c), and (h) and recommended indefinite suspension, beginning January 8, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent’s misappropriation violated ethics rules | Muntean violated 8.4(b) and (c) by theft and deceit | Muntean disputes characterization, but concedes conduct; argues factors mitigate | Yes; violations established |
| Whether mitigating and aggravating factors support indefinite suspension | Aggravating factors present; restitution and cooperation mitigate | Mitigating factors present; personal issues and remorse shown | Indefinite suspension warranted |
| Whether restitution and cooperation justify non-permanent discipline | Restitution and cooperation weigh in favor of leniency | These factors do not negate serious misconduct | Concurred that suspension may be for ethical rehabilitation |
| Whether indefinite suspension is appropriate given similarities to Kelly | Kelly supports potential future return after rehabilitation | Indefinite suspension appropriate to protect public trust | Indefinite suspension adopted as sanction |
Key Cases Cited
- Disciplinary Counsel v. Kelly, 121 Ohio St.3d 39 (2009) (misappropriation from a charity; potential for future ethical practice)