Opinion
No. 79-6
Decided June 6, 1979.
Attorneys at law — Misconduct — Indefinite suspension — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
On December 12, 1977, respondent, Robert L. Bartels, entered a plea of nolo contendere to an information filed in the United States District Court for the Southern District of Ohio, Western Division, charging respondent with willful failure to file a federal income tax return for the calendar year 1975, in violation of Section 7203, Title 26, U.S. Code. Respondent was convicted of said charge, and sentenced to serve 90 days in jail.
Thereafter, relator, Butler County Bar Association, filed a complaint against respondent with the Board of Commissioners on Grievances and Discipline, charging respondent with violations of DR 1-102(A)(3), (4), (5) and (6) of the Code of Professional Responsibility. Count I of the complaint alleged the aforementioned violation of, and conviction under, federal law, which respondent admitted to by answer. Additional counts charged respondent with further failures to file under federal and state income tax laws. Respondent denied these allegations in his answer. Relator also requested that respondent be disbarred.
Following a hearing the board recommended that respondent be indefinitely suspended from the practice of law for the willful failure to file a federal income tax return for the year 1975.
Mr. Charles W. Kettlewell, Mr. George H. Elliott and Mr. Louis J. Hofstadter, for relator.
Mr. Alan R. Vogeler, for respondent.
In Cleveland Bar Assn. v. Stein (1972), 29 Ohio St.2d 77, this court established the rule that an attorney found guilty of willful failure to file a federal income tax return be suspended indefinitely from the practice of law. We continue to adhere to this rule, for the reasons expressed in Stein, supra.
Accordingly, we concur with the recommendation of the board. Respondent is hereby indefinitely suspended from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., HERBERT, W. BROWN, P. BROWN, SWEENEY, LOCHER and HOLMES, JJ., concur.