Opinion
D.D. No. 80-4
Decided May 28, 1980.
Attorneys at law — Misconduct — Indefinite suspension — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
The Columbus Bar Association, relator herein, filed a complaint with the Board of Commissioners on Grievances and Discipline, pursuant to Gov. R.V., charging respondent, Howard W. Amos, with violations of DR 1-102(A)(3), (4), (5) and (6), DR 7-102(A)(5), (6) and (8), and DR 9-102(A) of the Code of Professional Responsibility.
Relator's complaint charged, in count one, that:
"Acting as a fiduciary and an attorney-at-law in the matter of the Estate of Fred Gomez, deceased, Franklin County Probate Court Case No. 314,051, Howard W. Amos, on or about June 24, 1977, received the sum of $4,310.42 belonging to the Estate of Fred Gomez and knowingly and willfully deposited the same in his own personal account, Society Bank Acct. No. 10-1040-3, commingling the same with his personal funds in violation of DR 9-102(A) of the Code of Professional Responsibility."
Count two of relator's complaint alleged that:
"While acting in the capacities described in Count One, Howard W. Amos, during the period from June 24, 1977, until on or about March 14, 1978, used funds entrusted to him in those capacities for his own personal use, in violation of DR 1-102(A)(3), (4), (5) and (6) and DR 9-102(A) of the Code of Professional Responsibility."
The third count charged:
"While acting in the capacities described in Count One, Howard W. Amos, on or about March 13, 1978, knowingly prepared and submitted false and fraudulently executed alleged receipts to the Probate Court of Franklin County, in violation of DR 1-102(A)(3), (4), (5) and (6) and DR 7-102(A)(5), (6) and (8) of the Code of Professional Responsibility."
On June 22, 1979, respondent was served with a copy of the complaint. By answer filed with the board of commissioners on July 11, 1979, respondent admitted the charges set forth in relator's complaint. For purposes of mitigation, respondent indicated that no previous complaints had been filed respecting his practice of law and that, having retired from the F.B.I. after 20 years of service and from employment with the state of Ohio, he, at over 60 years of age, was no longer considering the practice of law. Respondent's cause was scheduled for a hearing before the board on October 25, 1979.
The evidence adduced at the board's hearing indicates that respondent fully admitted relator's charges. Respondent indicated, however, that the beneficiaries of the Estate of Fred Gomez eventually received all that they were entitled to from the estate, and that all debts of the estate had been paid in full. In view of respondent's cooperation in the investigation of the cause, his record of service in the profession and his age, relator recommended that respondent be indefinitely suspended from the practice of law, rather than permanently disbarred, and the board of commissioners confirmed relator's recommendation. Respondent has not filed objections to the board's recommendation.
This matter is now before us for consideration of the report of the board.
Mr. Richard L. Loveland and Mt. Jack G. Crites, for relator.
Mr. Howard W. Amos, pro se.
Upon examination of the record and the findings of the board of commissioners, we conclude that there are ample facts to justify the board's finding that respondent violated DR 1-102(A)(3), (4), (5) and (6), DR 7-102(A)(5), (6) and (8) and DR 9-102(A) of the Code of Professional Responsibility.
In view of the foregoing, respondent is indefinitely suspended from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., HERBERT, W. BROWN, P. BROWN, SWEENEY, LOCHER and HOLMES, JJ., concur.