Opinion
D.D. No. 82-34
Decided March 2, 1983.
Attorneys at law — Misconduct — Indefinite suspension — Convictions for trafficking in drugs in violation of R.C. 2925.03(A)(1).
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
Relator, Cincinnati Bar Association, instituted this complaint before the Board of Commissioners on Grievances and Discipline alleging that respondent, Max Alan Levin, was guilty of misconduct. Specifically, relator alleged that on February 19, 1982, respondent entered pleas of guilty to a four-count indictment of selling drugs in violation of R.C. 2925.03(A)(1).
In light of these convictions, relator asserted that respondent violated DR 1-102(A)(3), (4), and (6) of the Code of Professional Responsibility. Respondent answered, admitting that he entered pleas of guilty to said indictment. Respondent further stated that he voluntarily entered a drug rehabilitation program and that the trial court stayed the execution of his sentence, placing him on probation on the condition he complete the drug rehabilitation program. Respondent avers he has complied with the terms of his probation.
A hearing was held on July 30, 1982. Respondent did not appear in person, but waived, through his counsel, his inability to attend the hearing. Relator introduced into evidence the transcripts of the proceedings wherein respondent entered his pleas of guilty to the respective charges and wherein respondent was sentenced by the court.
The board found that respondent had been convicted of an offense other than a petty offense and that said conduct constituted a violation of DR 1-102(A)(3) and D 1-102(A)(6). The board recommended that the respondent be indefinitely suspended from the practice of law.
Mr. Stephen Cohen and Mr. Howard F. Breitholle, for relator.
Mr. Allen Brown, for respondent.
Section 8 of Gov. R. V, which is entitled "Automatic Indefinite Suspension from the Practice of Law for Conviction of an Offense Involving Moral Turpitude," provides, in part:
"(a) Any attorney admitted to the practice of law in the State of Ohio who is convicted in this State of an offense, other than a petty offense as defined by the Ohio Rules of Criminal Procedure * * * shall be indefinitely suspended from the practice of law in this State upon a finding that the offense is one involving moral turpitude." (Emphasis added.)
After an examination of the evidence in this matter, this court concurs with the findings of fact and recommendations of the board of commissioners that respondent be indefinitely suspended from the practice of law. The record is clear that respondent pleaded guilty to trafficking in drugs in violation of R.C. 2925.03(A)(1). Trafficking in drugs, being a felony in the third degree, is clearly a non-petty offense involving moral turpitude, and upon a showing that an attorney has been found guilty of such an offense, Gov. R. V(8) explicitly provides for indefinite suspension.
Hence, it is hereby ordered that respondent be indefinitely suspended from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.