Opinion
NO. 2005-1115
04-15-2016
Columbus Bar Assn. v. Winkfield
DISCIPLINARY CASE.
This cause came on for further consideration upon the filing by a panel of the Board of Professional Conduct of a report and recommendation on relator's petition for revocation of probation, recommending that the court issue an order denying relator's petition in part and modifying the conditions of its June 12, 2014 reinstatement order. The panel further recommends that the court grant relator's petition in part, find respondent in contempt, and allow respondent to be purged of the contempt upon compliance with the modified conditions. Relator filed objections to the report, respondent filed an answer, and this matter was considered by the court.
Upon consideration thereof, it is ordered by the court that relator's petition for revocation of probation is denied in part. It is further ordered that the conditions of the June 12, 2014 reinstatement order are modified as follows: (1) respondent shall undergo an evaluation by the Ohio Lawyers Assistance Program ("OLAP") within 60 days of the date of this order, (2) OLAP shall assume the duty of monitoring respondent and shall report to relator regarding respondent's compliance with the court's order, (3) respondent shall continue to serve the three-year period of probation ordered on June 12, 2014, and shall serve an additional two years of monitored probation, (4) respondent shall promptly and fully comply with all recommendations made by OLAP in regard to treatment for both his mental health and the use of alcohol, and (5) respondent shall refrain from any further illegal conduct. It is further ordered by the court that relator's petition for revocation of probation is granted in part. Respondent is found in contempt for his violations of conditions two and three of the June 12, 2014 reinstatement order. It is further ordered that respondent may purge himself of contempt upon providing proof that he is in compliance with the modified conditions of the reinstatement order.
It is further ordered that respondent be taxed the costs of these proceedings in the amount of $2,344.41, which costs shall be payable to this court by cashier's check or money order on or before 90 days from the date of this order. It is further ordered that if these costs are not paid in full on or before 90 days from the date of this order, interest at the rate of ten percent per annum shall accrue as of 90 days from the date of this order and the matter may be referred to the attorney general for collection. It is further ordered that respondent is liable for all collection costs pursuant to R.C. 131.02 if the debt is certified to the attorney general for collection.