Opinion
D.D. No. 82-24
Decided November 10, 1982.
Attorneys at law — Misconduct — Indefinite suspension — Issuing check with purpose to defraud — Lengthy history of issuing bad checks — Delinquency in restitution payments.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
This cause arises from the complaint filed with the Board of Commissioners on Grievances and Discipline, on November 9, 1981, by the relator, Columbus Bar Association, charging respondent, Richard C. Gross, with misconduct.
The complaint alleged that respondent violated DR1-102 of the Code of Professional Responsibility and his oath of office as an attorney in that he had been found guilty in Franklin County Municipal Court of a violation of R.C. 2913.11 for issuing a check in the amount of $50 with purpose to defraud and with knowledge that such check would be dishonored.
Efforts to serve respondent personally with notice of hearing were unsuccessful and service on respondent was effectuated in accordance with Gov. R. V (31).
Two hearings were conducted by the board on this matter. The first was held on March 1, 1982 and the second on March 26. The evidence adduced at these hearings revealed that respondent demonstrated a lengthy history of issuing bad checks. The bad check charge filed in the Franklin County Municipal Court was but one of a series of bad checks issued by respondent which resulted in nine separate misdemeanor charges being filed against him in various courts in Franklin County. Evidence of numerous instances in which respondent had issued other bad checks upon which charges were not filed was also submitted. Moreover, respondent was delinquent in his restitution payments and had failed to attend an alcohol safety program, both of which were conditions of the court's probation.
The board concluded that such conduct was a violation of DR1-102 and respondent's oath of office as an attorney and recommended that respondent be indefinitely suspended from the practice of law.
The findings of fact and recommendation of the board were certified to this court on July 14, 1982. On August 13, respondent filed his objections to the board's findings and recommendation and brief in support of objections. This was respondent's only appearance or response in this action. He did not appear before this court at oral argument, nor was he represented by counsel.
Messrs. Crabbe, Brown, Jones, Potts Schmidt and Mr. Larry H. James, for relator.
Mr. Richard C. Gross, pro se.
Respondent claims that he was denied procedural due process in that he received no actual notice of the filing of the complaint and that valid constructive notice was not obtained in accordance with Gov. R. V (31). These contentions are without merit.
Since the time of the filing of the complaint and until March 19, 1982, when United States Post Office records disclosed that respondent submitted an address correction request, respondent's whereabouts was unknown. All copies of the complaint and notices to respondent were delivered via certified mail to his last address of record in a diligent attempt to secure personal notification. When this proved unsuccessful, respondent was served through the Clerk of the Supreme Court as provided in Gov. R. V (31). Under these circumstances, such constructive notice was proper.
Having thoroughly reviewed the record in this cause and after careful consideration of respondent's objections, this court concurs with the findings of fact and recommendation of the board. It is therefore the judgment of this court that respondent be indefinitely suspended from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and KRUPANSKY, JJ., concur.