Northwest Ohio Bar Assn. v. Archer
129 Ohio St. 3d 204
| Ohio | 2011Background
- Respondent Stephen R. Archer, admitted to practice in Ohio in 1978, previously publicly reprimanded in 1993 for neglect of a bankruptcy matter.
- Relator Northwest Ohio Bar Association filed a 2010 complaint alleging failure to file unemployment forms, failure to pay unemployment taxes, and failure to remit withholding taxes from an employee.
- Panel adopted stipulated facts and misconduct but rejected some aggravating/mitigating factors and sanctions proposed by the parties.
- Board found misconduct involving dishonesty, fraud, deceit, or misrepresentation and that the conduct adversely reflects on Archer’s fitness to practice law.
- The Board recommended a one-year suspension; the Supreme Court suspended Archer for one year, with costs taxed against him.
- Misconduct came to light when the secretary sought unemployment benefits after Archer failed to file forms and remit taxes, and he used withheld funds for his own purposes; he admitted to some discipline and had a lapse in malpractice insurance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Archer violated ethics rules by misappropriating tax withholdings | Archer engaged in dishonesty by withholding and misusing funds | Archer disputes the extent and intent of the misappropriation | Yes, violations established |
| Whether a one-year suspension is appropriate sanction given aggravating/mitigating factors | Disciplinary factors justify suspension; prior discipline and harm to employee weigh | Mitigating factors lessen the severity of discipline | One-year suspension appropriate |
| Impact of prior discipline and insurance lapse on sanction | Prior reprimand and lack of malpractice insurance aggravate misconduct | Some mitigating factors exist; prior discipline does not mandate harsher penalty | Yes, one-year suspension is appropriate under the circumstances. |
Key Cases Cited
- Disciplinary Counsel v. Freeman, 119 Ohio St.3d 330 (2008-Ohio-3836) (discusses aggravating and mitigating factors in discipline proceedings)
- Abood v. Toledo Bar Assn., 104 Ohio St.3d 655 (2004-Ohio-7015) (comparable tax-related misconduct; considerations of restitution and remorse)
- Bruner v. Geauga County Bar Assn., 98 Ohio St.3d 312 (2003-Ohio-736) (severe misconduct with tax withholding and false W-2s; contrast with restitution)
- Disciplinary Counsel v. Large, 122 Ohio St.3d 35 (2009-Ohio-2022) (one-year suspension; good character; cooperation; restitution)
- Toledo Bar Assn. v. Abood, 104 Ohio St.3d 655 (2004-Ohio-7015) (case law cited for mitigating factors and sanctions)