Opinion
D.D. No. 76-1
Decided May 13, 1981.
Attorneys at law — Misconduct — Indefinite suspension — Petition for reinstatement — Denied, when.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
Petitioner, Stephen E. Hughes, was indefinitely suspended from the practice of law in this state on June 16, 1976 ( Akron Bar Assn. v. Hughes, 46 Ohio St.2d 369). He filed a petition for reinstatement to the practice of law on January 10, 1980. The Akron, Portage County, and Ohio State Bar Associations and the Office of Disciplinary Counsel objected to this petition. Pursuant to Gov. R. V(27), a hearing was conducted by a panel of the Board of Commissioners on Grievances and Discipline.
In the 1976 disciplinary proceeding against the petitioner, this court found that the petitioner had commingled funds, expended clients' funds for his own use, and appropriated more money than he was entitled to as his fee ( Akron Bar Assn. v. Hughes, supra, at page 372). Petitioner now states that he is remorseful and rehabilitated.
Witnesses testified in opposition to the petitioner's reinstatement. An attorney for the Ohio State Bar Association stated that as a result of petitioner's misconduct in the cause which led to his suspension, a settlement of $4,000 was paid from the bar association's "Client Security Fund." A request for restitution was made to petitioner's attorney on April 1, 1980, but no restitution has been made.
Representatives of the bar associations of Akron, Portage County, and the state of Ohio reported that their respective grievance committees voted to oppose the petition for reinstatement.
The board of commissioners, finding that petitioner is not now a proper person to be readmitted to the Bar of Ohio, recommended denial of his request for reinstatement.
Mr. William J. Abraham, for petitioner.
Mr. Charles W. Kettlewell, Mr. Frank E. Quirk, Mr. Mack D. Cook, II, and Mr. Vincent A. Tersigni, for Akron Bar Association.
The evidence in this case indicates that petitioner has not shown that he now possesses the mental, educational and moral qualifications required of a person seeking admission to the Bar of Ohio. We concur in the findings and recommendation of the board of commissioners, and the petition for reinstatement is denied.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, P. BROWN, SWEENEY, LOCHER, HOLMES and C. BROWN, JJ., concur.