Opinion
D.D. No. 84-49
Decided July 17, 1985.
Attorneys at law — Misconduct — Permanent disbarment — Prior indefinite suspension — Mail fraud and fraud by wire.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar.
On April 6, 1984, the Columbus Bar Association, relator herein, filed a complaint against respondent, H. Wesley Robinson. The complaint averred that respondent had been indefinitely suspended from the practice of law on July 18, 1979 pursuant to a complaint filed by relator. Columbus Bar Assn. v. Robinson (1979), 59 Ohio St.2d 62 [13 O.O.3d 56]. Relator further alleged that in June 1983, respondent was indicted in the United States District Court for the Southern District of Ohio, Eastern Division, for twenty-three counts of mail fraud, six counts of fraud by wire, and one count of interstate transportation of stolen goods and securities. Relator also alleged that on January 24, 1984, respondent was convicted of four counts of mail fraud and one count of wire fraud pursuant to his plea of guilty. He was sentenced to imprisonment for one year, to be followed by five years on probation, with the condition that respondent make restitution to certain persons in the amount of $98,100. In its amended complaint relator alleged that on July 13, 1984, respondent had further been convicted of fifteen counts of mail fraud in the United States District Court, Southern District of Iowa, which conviction is being appealed. Finally, relator alleged that during the course of and as part of the crimes of which respondent was convicted, respondent held himself out as qualified to practice law in Ohio at a time when he remained under an order of indefinite suspension.
Based on the above, the complaint asserted the respondent's conduct constituted violations of DR 1-102(A)(3), (4), (5) and (6), and 3-101(B) of the Code of Professional Responsibility.
A hearing was held on November 7, 1984. In its findings of fact, the Board of Commissioners on Grievances and Discipline of the Bar ("board") found that respondent was serving a sentence in the Federal Correctional Facility in Lexington, Kentucky. The board refused to grant respondent's petition for leave to resign, on the basis that the request to resign was conditioned on a provision that respondent be ineligible for readmission for a period of ten years from the date of his original suspension. The board reasoned that the current Supreme Court Rules for the Government of the Bar do not authorize the granting of such conditional requests.
The board concluded that respondent had violated each of the Disciplinary Rules set forth in the complaint. It recommended that respondent be permanently disbarred from the practice of law in Ohio.
John W. Zeiger, Robert F. Mahler and Bruce A. Campbell, for relator.
H. Wesley Robinson, pro se.
After a careful examination and review of the record in this cause, this court concurs with the findings and conclusions of the board that respondent violated DR 1-102(A)(3), (4), (5) and (6), and 3-101(B) of the Code of Professional Responsibility.
It is the judgment of this court that respondent be permanently disbarred from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., SWEENEY, LOCHER, HOLMES, C. BROWN, DOUGLAS and WRIGHT, JJ., concur.