R.C. 2929.23. All applicants for the Ohio Bar examination must report any misdemeanor convictions; indeed, a misdemeanor conviction could form the basis of a suspension from the practice of law. Disciplinary Counsel v. Gross (1984), 11 Ohio St.3d 48, 11 OBR 195, 463 N.E.2d 382. In short, there is a palpable collateral disability to any misdemeanor conviction.
Our previous decisions involving public officials should have provided a warning to respondent. Disciplinary Counsel v. Smakula (1988), 39 Ohio St.3d 143, 529 N.E.2d 1376 (assistant prosecutor received one-year suspension for misdemeanor of ticket fixing); Disciplinary Counsel v. Gross (1984), 11 Ohio St.3d 48, 11 OBR 195, 463 N.E.2d 382 (misdemeanor convictions of Industrial Commission attorney for drug abuse and driving under the influence warranted indefinite suspension). Third, we are disposed to temper any penalty due to our belief that in a case involving substance abuse, "the disciplinary process of this court can and should be viewed as a potential for recovery as well as a procedure for the imposition of sanctions."
We find that respondent violated DR 1-102(A)(6) as found by the board. Allegations of misconduct based on criminal convictions for actions unrelated to the practice of law have frequently resulted in disciplinary sanctions by this court. For example, see Disciplinary Counsel v. Hughes (1985), 17 Ohio St.3d 210, 17 OBR 445, 478 N.E.2d 796 (extortion in violation of DR 1-102[A][3], [5] and [6], resulting in disbarment); Muskingum Cty. Bar Assn. v. Workman (1985), 17 Ohio St.3d 95, 17 OBR 216, 477 N.E.2d 632 (assault and criminal trespass in violation of DR 1-102[A][3], resulting in one-year suspension); Disciplinary Counsel v. Collins (1985), 17 Ohio St.3d 41, 17 OBR 34, 476 N.E.2d 1050 (mail fraud in violation of DR 1-102[A][3] and [4], resulting in indefinite suspension); Disciplinary Counsel v. Wanner (1984), 15 Ohio St.3d 319, 15 OBR 446, 473 N.E.2d 829 (sexual battery in violation of DR 1-102[A][3], [5] and [6], resulting in indefinite suspension); Disciplinary Counsel v. Gross (1984), 11 Ohio St.3d 48, 11 OBR 195, 463 N.E.2d 382 (misdemeanor and minor misdemeanor drug offenses in violation of DR 1-102[A][6], resulting in indefinite suspension); Cincinnati Bar Assn. v. Heekin (1984), 9 Ohio St.3d 84, 9 OBR 314, 459 N.E.2d 495 (theft from utility in violation of DR 1-102[A][3], [4] and [6], resulting in disbarment); Cincinnati Bar Assn. v. Levin (1983), 3 Ohio St.3d 25, 3 OBR 496, 445 N.E.2d 661 (drug trafficking in violation of DR 1-102[A][3] and [6], resulting in indefinite suspension); Columbus Bar Assn. v. Harris (1982), 1 Ohio St.3d 33, 1 OBR 68, 437 N.E.2d 596 (aggravated assault in violation of DR 1-102[A][3], resulting in one-year suspension); Portage Cty. Bar Assn. v. Miller (1982), 70 Ohio St.2d 162, 24 O.O. 3d 272, 436 N.E.2d 217 (grand theft and gambling offenses in violation of DR 1-102[A][3], [4] and [6], resulting in indefinite suspension); Cincinnati Bar Assn. v. Lisner (1981), 65 Ohio St.2d 62, 19 O.O. 3d 258, 417 N.E.2d 1381 (gross sexual imposition and sexual imposition in violation of DR 1-