Opinion
D.D. No. 83-13
Decided June 22, 1983.
Attorneys at law — Misconduct — Permanent disbarment — Convictions for series of drug offenses.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
The Ohio State Bar Association, relator, filed a complaint against David L. Orosz, respondent, with the Board of Commissioners on Grievances and Discipline ("board") charging respondent with violating DR 1-102(A)(3), (4) and (6) of the Code of Professional Responsibility. Relator's complaint stemmed from the fact that respondent had been found guilty of a series of drug offenses in Florida.
DR 1-102, provides:
"(A) A lawyer shall not:
"* * *
"(3) Engage in illegal conduct involving moral turpitude.
"(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
"* * *
"(6) Engage in any other conduct that adversely reflects on his fitness to practice law."
On December 16, 1982, a hearing was held before a three-member panel of the board. Although respondent was duly notified that relator had filed the present complaint, respondent neither answered relator's complaint nor appeared at the hearing personally or through counsel.
The following facts were adduced at the hearing before the board on relator's complaint:
Respondent had been charged by information in a Florida state court of possession of cocaine, conspiracy to possess cocaine, and being an accessory after the fact to conspiracy to traffic in cannabis. On January 23, 1981, a jury found respondent guilty of one count of conspiracy to possess cocaine and one count of possession of cocaine. The court withheld sentencing on the condition that respondent pay fines of $1,000 and $5,000 on each count, respectively, and successfully complete five years of probation. Respondent subsequently entered a plea of nolo contendere to the charge of being an accessory after the fact. Respondent was found guilty on May 15, 1981 and sentenced to a prison term of five years.
On June 26, 1981, respondent was indefinitely suspended by order of this court for being convicted of an offense involving moral turpitude. Relator instituted the instant proceedings seeking respondent's permanent disbarment.
See Gov. R. V(8) which provides for an automatic indefinite suspension in such cases.
The board found that respondent violated DR 1-102(A)(3), (4) and (6) and recommended that respondent be permanently disbarred. Respondent was ordered to show cause why the report of the board should not be confirmed. Service of the order to show cause was accomplished pursuant to Gov. R. V(31) and (32). Respondent did not file objections to the report and recommendation of the board and did not enter an appearance in this proceeding.
The matter is now before the court for consideration of the board's report and recommendation.
Mr. Albert L. Bell, Mr. Albert F. Schwartz and Mr. John R. Welch, for relator.
This court has examined the record developed before the board and concurs in the board's finding that respondent was heavily involved in illegal drug activity and violated DR 1-102(A)(3), (4), and (6). Moreover, respondent failed to obtain counsel to make an appearance in this proceeding and present any evidence whatsoever in mitigation of the charges brought by relator. Accordingly, we adopt the recommendation of the board and order that respondent be permanently disbarred from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.