Summary
In Chandler, respondent pleaded guilty in federal court to the fifth count of an indictment charging him with knowingly or intentionally distributing cocaine.
Summary of this case from Disciplinary Counsel v. ColumbroOpinion
No. 91-1765
Submitted December 10, 1991 —
Decided February 12, 1992.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 90-45.
Respondent James A. Chandler was named in a five-count indictment issued in federal court. He entered into a plea agreement with the United States in which he pleaded guilty to count five of the indictment, and was subsequently found guilty of knowingly or intentionally distributing cocaine. The other counts were dismissed, and respondent was sentenced to serve a minimum of thirty-three months in federal prison. As part of his plea agreement, respondent agreed "not to practice law in the State of Ohio and not seek reinstatement to the Bar until he has successfully refrained from the use of unlawful controlled substances for five (5) years." Because of the conviction, he was indefinitely suspended from the practice of law by this court pursuant to Gov.Bar R. V(9) on May 11, 1990. See sub nom. In re Chandler, 51 Ohio St.3d 702, 555 N.E.2d 323.
As a result of the foregoing, relator Akron Bar Association alleged that respondent violated DR 1-102(A)(3), by engaging in illegal conduct involving moral turpitude; 1-102(A)(5), by engaging in conduct that is prejudicial to the administration of justice; and 1-102(A)(6), by engaging in any other conduct that adversely reflects on his fitness to practice law. Respondent admitted the charges alleged in the complaint, and entered into stipulations admitting his misconduct. He conceded that the misconduct constituted a violation of the named rules.
The exact circumstances of respondent's actions leading to his indictment and conviction are not in the record, either as a stipulation or testimony. However, a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court ("the board") found that "respondent had become a substance abuser and had apparently engaged in a low-level enterprise to distribute cocaine as a means of supporting his dependency. * * *" It was stipulated that the amount of cocaine involved in respondent's conviction totalled eight hundred fifty grams.
The relator recommended that respondent be indefinitely suspended from the practice of law in Ohio. The hearing panel recommended that he be indefinitely suspended, provided that reinstatement not be sought until the terms of the plea agreement are met. The board adopted the findings of fact and conclusions of law of the panel, but recommended that respondent be permanently disbarred from the practice of law. The board concluded that respondent cannot be rehabilitated, and that the only appropriate sanction to protect the public is permanent disbarment.
Joseph W. Gibson, for relator.
Charles W. Kettlewell and Mark H. Aultman, for respondent.
This court finds that respondent violated the Disciplinary Rules in question. There is no question that drug trafficking poses a serious threat in today's society. There is also no question that serious violations deserve serious sanctions. However, the board recognized that the root cause of respondent's behavior was his substance dependency. We have difficulty finding that it is impossible for respondent to be rehabilitated from a chemical dependency.
We have noted an assumption among the bench and bar of Ohio that the sanction of indefinite suspension means a suspension for two years. This leaves the impression that there is no middle ground between a two-year suspension and permanent disbarment. In fact, however, an indefinite suspension is just that: indefinite. Although two years is the earliest time at which a party may petition for reinstatement from an indefinite suspension, Gov.Bar R. V(25), an indefinite suspension carries with it no assurance of reinstatement in two years, five years, ten years or indeed at any time. Each indefinite suspension is considered on the facts known at the time of petition for reinstatement, including the severity of the misconduct for which the sanction was imposed. We cannot conceive of any circumstances under which respondent could be reinstated prior to the time when the terms of his plea agreement have been fulfilled. Even after that time, the gravity of the underlying misconduct in this case would demand that an application for reinstatement receive meticulous scrutiny to insure that the public be protected and that the respondent has indeed been rehabilitated.
Considering the foregoing, together with the sanctions given in cases presenting similar fact patterns, see, e.g., Cincinnati Bar Assn. v. Levin (1983), 3 Ohio St.3d 25, 3 OBR 496, 445 N.E.2d 661 (attorney convicted of drug trafficking indefinitely suspended); Disciplinary Counsel v. Soucek (1988), 37 Ohio St.3d 42, 523 N.E.2d 513 (attorney convicted of possession, with intent to distribute, of six kilograms of cocaine and fifty thousand Quaaludes indefinitely suspended); Disciplinary Counsel v. O'Neill (1988), 39 Ohio St.3d 337, 530 N.E.2d 1317 (attorney convicted of possession of drug documents indefinitely suspended), we choose to accept the recommendations of the relator (the Akron Bar Association) and of the hearing panel, both of which recommended an indefinite suspension.
Accordingly, respondent is hereby indefinitely suspended from the practice of law in Ohio. Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., SWEENEY, HOLMES and WRIGHT, JJ., concur.
DOUGLAS, J., concurs in judgment only.
RESNICK, J., dissents.
I respectfully dissent from the majority decision and would permanently disbar respondent from the practice of law as the board has recommended.
The record in this case is very limited and it is difficult for me to determine how the panel came to the conclusion that respondent was "apparently engaged in a low-level enterprise to distribute cocaine * * *." At the time of respondent's arrest he was found to be in possession of eight hundred fifty grams of cocaine. This is not a low-level amount by anyone's standards. Not only was respondent using cocaine, but he was also trafficking in it in order to support his habit. Upon conviction he was sentenced to thirty-three months' incarceration by the federal court. There is no question that respondent has seriously violated the trust that was granted him when he was admitted to the practice of law.
I would follow the recommendation of the board and permanently disbar Chandler from the practice of law.