Opinion
No. 93-454
Submitted April 20, 1993 —
Decided August 11, 1993.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 92-25.
In a three-count complaint filed with the Board of Commissioners on Grievances and Discipline of the Supreme Court on April 22, 1992, relator, Office of Disciplinary Counsel, charged respondent, Celeste Renee Didlick, last known address in Lake Villa, Illinois, Attorney Registration No. 0033684, with three violations of DR 1-102(A)(3) (engaging in illegal conduct involving moral turpitude), one violation of DR 1-102(A)(5) (conduct prejudicial to the administration of justice), one violation of DR 1-102(A)(4) (conduct involving dishonesty, fraud, deceit or misrepresentation), and three violations of DR 1-102(A)(6) (conduct adversely reflecting on fitness to practice law). Relator could not locate respondent to serve her personally or by certified mail. Accordingly, he completed service under Gov.Bar R. V(11)(B) by serving the Clerk of the Supreme Court of Ohio on January 6, 1993. Respondent has not answered the complaint, and, it appears, the board has found her in default.
As to Count I, the Butler County, Ohio Common Pleas Court convicted respondent of drug abuse under R.C. 2925.11(A), a fourth-degree felony, and trafficking in drugs under R.C. 2925.03(A)(1), a third-degree felony. The court sentenced respondent to two concurrent terms of one and two years of incarceration, granted her credit of one day for time served, and fined her $2,500 for each violation. However, the court suspended the sentence and placed respondent on probation for an indeterminate period not to exceed five years. As further condition of probation she had to continue treatment for one year in an alcohol and drug rehabilitation program and voluntarily surrender her license to practice law.
As to Count II, the Middletown Municipal Court found her guilty of eluding a police officer under R.C. 2921.331(B), a first-degree misdemeanor, on July 3, 1989. The court fined her $250, sentenced her to three days' imprisonment, and suspended her driver's license for one year.
As to Count III, the municipal court convicted her of passing a bad check under R.C. 2913.11(B), a first-degree misdemeanor, on July 3, 1989. The court fined her $250 and suspended $150 of the fine conditioned on her paying restitution of $63.30 within one week after the sentencing.
On November 21, 1990, we indefinitely suspended respondent from the practice of law under former Gov.Bar R. V(9)(a)(iii). On March 13, 1991, we found respondent in contempt for failure to comply with our November 21, 1990 order.
A panel of the board concluded that respondent had violated all the Disciplinary Rules as charged by relator, and recommended that she be indefinitely suspended from the practice of law, despite relator's recommendation that she be permanently disbarred. The panel recommended indefinite suspension because respondent had been addicted to cocaine and marijuana at the time of the offenses, had received no monetary gain, nor had she received any of the small amount of cocaine she attempted to purchase for an old friend.
The board adopted the findings of fact, conclusions of law, and recommendation of the panel.
J. Warren Bettis, Disciplinary Counsel, and Harald F. Craig III, Assistant Disciplinary Counsel, for relator.
We agree with the board's findings and recommendation. Accordingly, we indefinitely suspend respondent from the practice of law in Ohio. Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.