Opinion
No. D.D. 88-13
Submitted September 8, 1988 —
Decided November 16, 1988.
Attorneys at law — Misconduct — Indefinite suspension — Conviction for illegal possession of drug documents.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 91-84-B.
Relator, Disciplinary Counsel, filed the instant complaint alleging that respondent, Timothy J. O'Neill, had been convicted of violating R.C. 2925.23(B) (illegal possession of drug documents) and thus had violated DR 1-102(A)(3) (conduct involving moral turpitude) and DR 1-102(A)(4) (conduct involving fraud, deceit, dishonesty, or misrepresentation). Respondent admitted this conviction in his answer. The matter was heard before a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court on May 20, 1988.
The evidence presented before the board included a certified copy of the judgment entry of respondent's conviction. According to his testimony, that conviction had been affirmed on appeal. Although respondent argued that he was convicted falsely, the conviction was conclusively established by the judgment entry. Gov. Bar R. V(9)(b). Therefore, the board found that respondent had violated the Disciplinary Rules cited and it recommended that respondent by indefinitely suspended from the practice of law.
Pursuant to Gov. Bar R. V, respondent was indefinitely suspended from the practice of law in Ohio because of this conviction in 1984.
J. Warren Bettis, disciplinary counsel, and Mark H. Aultman, for relator.
Anthony G. Ellis, for respondent.
The record substantiates that respondent violated DR 1-102(A)(3) and 1-102(A)(4). Accordingly, we concur in the board's findings and its recommendation. Respondent is hereby ordered indefinitely suspended from the practice of law in Ohio. Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.