Opinion
D.D. No. 86-2
Decided July 2, 1986.
Attorneys at law — Misconduct — Indefinite suspension — Conviction for two counts of attempted bribery.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar.
The facts are not in dispute. Respondent, Thomas J. Italiano, while acting as an attorney for his client, Jerry Riffle, in a traffic matter, attempted to bribe the arresting officers in exchange for a reduction in the charge against his client. The funds for the bribe were obtained from the client's wife who was told the $200 would be used to pay the arresting officers in order to enlist their assistance in reducing the charge against her husband.
One of the arresting officers taped conversations relating to the bribe and apparently turned them over to the prosecutor's office. Subsequently, respondent was indicted and, on July 6, 1983, convicted. On August 8, 1983, the trial judge amended his findings to that of guilty of two counts of attempted bribery. Respondent's conviction was affirmed upon appeal. See State v. Italiano (1985), 18 Ohio St.3d 38.
On August 23, 1983, pursuant to Gov. Bar R. V(8)(a)(iii), respondent was indefinitely suspended from the practice of law.
The Board of Commissioners on Grievances and Discipline of the Bar found respondent to have violated DR 1-102(A)(3), engaging in illegal conduct involving moral turpitude; DR 1-102(A)(5), engaging in conduct prejudicial to the administration of justice; and DR 7-102(A)(7), counseling or assisting his client in conduct that the lawyer knows to be illegal or fraudulent. Accordingly, and in conformity with the findings of fact and conclusions of law of the panel, the board recommended respondent be indefinitely suspended from the practice of law. No objections to the recommendation of the board have been filed to date and a show cause order, issued by certified mail to respondent's address of record, was returned marked with the notation that the forwarding order had expired.
Jerry B. Kraig, Robert H. Gillespy II and Joseph A. Dubyak, for relator.
Cassidy, Mottl Celebrezze Co., L.P.A., and James P. Celebrezze, for respondent.
A review and examination of the record indicates that respondent has violated DR 1-102(A)(3) and (5), and DR 7-102(A)(7) of the Code of Professional Responsibility. Few acts are more reprehensible, under the circumstances of this case, than the attempted bribery of a police officer. We are therefore compelled to adopt the findings and recommendation of the board.
It is the judgment of this court that respondent be suspended from the practice of law in the state of Ohio for an indefinite period.
Judgment accordingly.
SWEENEY, LOCHER, HOLMES, C. BROWN, DOUGLAS and WRIGHT, JJ., concur.
CELEBREZZE, C.J., not participating.