Opinion
D.D. No. 80-16
Decided March 25, 1981.
Attorneys at law — Misconduct — Permanent disbarment — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
This cause arises from a complaint filed with the Board of Commissioners on Grievances and Discipline, on February 11, 1976, by the relator, Cincinnati Bar Association, charging respondent, Donald H. Lisner, with misconduct.
The complaint charged that respondent violated DR 1-102 of the Code of Professional Responsibility in that he had engaged in illegal conduct involving moral turpitude. The bases for the complaint were respondent's pleas of no contest in the Court of Common Pleas of Hamilton County, case No. B-753150, to charges of gross sexual imposition, a third-degree felony, and sexual imposition, a third-degree misdemeanor, and a finding, on November 14, 1975, by the Court of Common Pleas that the respondent was in fact guilty of the offenses as charged.
On March 4, 1976, this court, on recommendation of the Board of Commissioners on Grievances and Discipline, suspended respondent from the practice of law for an indefinite period in accordance with Gov. R. V(8)(a)(iii).
Since the time of the filing of the complaint and up to the present, respondent's whereabouts have been unknown. The respondent was served through the Clerk of the Supreme Court on May 14, 1980, in accordance with Gov. R. V(30). After the time had elapsed for filing an answer by respondent, the case was set for hearing before the board in Cincinnati on July 18, 1980. No formal appearance was ever entered by or on behalf of the respondent. At the hearing, the finding of guilty by the Court of Common Pleas of Hamilton County in case No. B-753150 was admitted in evidence and relator thereupon rested its case.
The board concluded that respondent had violated DR 1-102 of the Code of Professional Responsibility, and recommended that he be permanently disbarred from the practice of law.
Mr. Douglas G. Cole, for relator.
After an examination and review of the record in this cause, this court concurs with the findings of fact and the recommendation of the board of commissioners, and it is hereby ordered that respondent be permanently disbarred from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, P. BROWN, SWEENEY, LOCHER, HOLMES and C. BROWN, JJ., concur.