Opinion
D.D. No. 15
Decided April 26, 1961.
Attorneys at law — Misconduct — Disciplinary action — Indefinite suspension from practice — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
The relator, the Butler County Bar Association, filed a complaint against the respondent charging him with two offenses, the commission of which it claims involved moral turpitude.
The Board of Commissioners on Grievances and Discipline found that respondent obtained a narcotic drug by forging a prescription therefor, contrary to Section 3719.17 (A), Revised Code; that he uttered a false prescription for a narcotic drug, contrary to Section 3719.17 (E), Revised Code; that he was indicted for such felonies and entered a plea of guilty to the indictment; that the court suspended imposition of sentence and placed respondent on probation for three years; that respondent's testimony of extenuating circumstances for the crime, although inciting some sympathy, does not exonerate him; and that respondent is guilty of misconduct as defined in Section 5 of Rule XXVII of the Supreme Court of disciplinary procedure in that he has violated the Canons of Professional Ethics and has been convicted of a crime involving moral turpitude.
The board recommended that the respondent be suspended from the practice of law for an indefinite period.
The cause is before this court on objections by respondent to the findings and recommendation of the board. Respondent contends that the acts complained of did not involve moral turpitude; that the board failed to give full consideration to extenuating circumstances which, although not exonerating him, would explain the commission of the act and relieve him of all malice, fraud and falseness; and that the penalty recommended is unjust and if confirmed would mean the disbarment or respondent. Respondent petitions the court to review and modify the recommendation.
Mr. John B. Connaughton, Mr. E.J. Kautz, Mr. Francis S. Beeler, Mr. John A. Pierce and Mr. J.A. McIntosh, for relator.
Mr. Jackson Bosch, for respondent.
This court, from a consideration of the record, is of the opinion that the board was neither in error nor unreasonable in its findings or recommendation. Therefore, the objections to the findings and recommendation of the board are overruled, the report of the board is confirmed, and judgment is rendered accordingly.
Report confirmed and judgment accordingly.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL and O'NEILL, JJ., concur.
RADCLIFF, J., not participating.
RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of HERBERT, J.