Summary
disbarring attorney convicted of several crimes, including five counts of attempted murder with a deadly weapon
Summary of this case from Disciplinary Counsel v. WilliamsOpinion
No. 89-2216
Submitted February 21, 1990 —
Decided May 23, 1990.
Attorneys at law — Misconduct — Permanent disbarment — Conviction of nine felony counts.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 89-23.
By a complaint filed on June 19, 1989, relator, Columbus Bar Association, charged, inter alia, that respondent, David Riebel, had been convicted of nine felony counts in the state of Nevada, and that he had thereby violated DR 1-102(A)(3) (engaging in illegal conduct involving moral turpitude), 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(5) (engaging in conduct that is prejudicial to the administration of justice), and 1-102(A)(6) (engaging in conduct that adversely reflects on his fitness to practice law). Respondent was served the complaint at the Nevada State Prison where he is presently incarcerated, but he did not file an answer. Accordingly, relator filed a motion for default judgment pursuant to Gov. Bar R. V(13)(B). The motion was initially considered by a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court.
In support of its motion, relator submitted a certified copy of the Amended Judgment of Conviction entered against respondent in Nevada. ( State of Nevada v. David Riebel, a.k.a. E.M. "Mac" Richmond [Feb. 8, 1989], Ninth Judicial District Court of Nevada for Douglas County, No. 19316, unreported.) The entry reflects that respondent was convicted of the following felonies: one count of burglary in violation of NRS 205.060; one count of robbery with use of a deadly weapon in violation of NRS 200.380 and 193.165; one count of assault with a deadly weapon in violation of NRS 200.471; five counts of attempted murder with a deadly weapon in violation of NRS 193.330, 200.010, 200.030, and 193.165; and one count of grand larceny in violation of NRS 205.220. Respondent is currently serving the sentences imposed for these crimes.
Respondent was indefinitely suspended from the practice of law in Ohio pursuant to Gov. Bar R. V(9)(a)(iii) on March 15, 1989. See In re Riebel (1989), 41 Ohio St.3d 726, 536 N.E.2d 385.
Based on the foregoing, the panel granted the motion for default judgment and found violations of DR 1-102(A)(3), 1-102(A)(4), 1-102(A)(5) and 1-102(A)(6). It then recommended the sanction suggested by relator, permanent disbarment. The board adopted the panel's findings and its recommendation.
James K. Hunter III and Bruce A. Campbell, for relator.
Having thoroughly reviewed the record, we agree with the board's findings of misconduct and its recommendation. Accordingly, respondent is hereby permanently disbarred from the practice of law in Ohio. Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, H. BROWN and RESNICK, JJ., concur.
WRIGHT, J., not participating.