Opinion

Disciplinary Counsel v. Brown

  • 77 Ohio St. 3d 91
  • 1996 Ohio 371
Court
Ohio Supreme Court
Filed
Nov 13, 1996
Status
Published
Cited by
1 cases
Authority
More cited than 47.5%

The opinion

[This opinion has been published in Ohio Official Reports at 77 Ohio St.3d 91.]

OFFICE OF DISCIPLINARY COUNSEL v. BROWN.

[Cite as Disciplinary Counsel v. Brown, 1996-Ohio-371.]

Attorneys at law—Misconduct—Indefinite suspension—Engaging in illegal

conduct involving moral turpitude—Engaging in conduct adversely

reflecting on fitness to practice law—Conviction of driving under the

influence of alcohol—Testing positive for cocaine.

(No. 96-1431—Submitted September 10, 1996—Decided November 13, 1996.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 95-56.

__________________

{¶ 1} On June 5, 1995, the Office of Disciplinary Counsel of the Supreme

Court of Ohio (“relator”) filed a complaint charging Sherburne C. Brown of St.

Clair Shores, Michigan, Attorney Registration No. 0061338 (“respondent”), with

violating DR 1-102(A)(3) (engaging in illegal conduct involving moral turpitude)

and 1-102(A)(6) (engaging in conduct that adversely reflects on his fitness to

practice law).

{¶ 2} Respondent filed an answer, and in March 1996, relator and

respondent signed an agreed stipulation of facts. Based on the complaint, answer

and stipulation, respondent having waived his right to a hearing, a panel of the

Board of Commissioners on Grievances and Discipline of the Supreme Court

(“board”), found that respondent, who was admitted to the practice of law in Ohio

on May 17, 1993, had been convicted in Grosse Pointe Woods, Michigan in 1985,

and in Cleveland, Ohio, in 1991, of operating a motor vehicle under the influence

of alcohol. As a result of the first conviction respondent was placed on two years’

probation; as a result of the second, his driving rights were suspended for ninety

days and he was ordered to serve one year of probation.

SUPREME COURT OF OHIO

{¶ 3} A year after being admitted to practice in Ohio, in May 1994,

respondent was convicted in Oakland County, Michigan, of the felony of driving

under the influence of alcohol. Respondent was fined $500, ordered to undergo

rehabilitative treatment and sentenced to one year in jail, subject to work release,

followed by three years of probation. In February 1995, the trial court canceled

respondent’s work release privileges because he had tested positive for cocaine. In

March 1995, the trial court denied respondent’s motion for reinstatement of his

work release program, although the motion was supported by a pharmacologist’s

affidavit that respondent had not used cocaine during the seven-month period

before the date on which he was tested. On June 22, 1995 this court indefinitely

suspended respondent from the practice of law on an interim basis. In re Brown

(1995), 72 Ohio St.3d 1545, 650 N.E.2d 904. Respondent admitted to the

disciplinary violations as charged, and apparently has had some success at

rehabilitation.

{¶ 4} The panel recommended that respondent be suspended from the

practice of law for a period of two years, with the suspension stayed so long as

respondent complied with certain specified probation and monitoring conditions.

{¶ 5} The board adopted the panel’s findings of fact and conclusions of law.

Based on respondent’s felony conviction and the need that he affirmatively

demonstrate his fitness to practice in the future, the board recommended that

respondent be indefinitely suspended from the practice of law.

__________________

Geoffrey Stern, Disciplinary Counsel, and Stacy M. Solochek, Assistant

Disciplinary Counsel, for relator.

Sherburne C. Brown, pro se.

__________________

2

January Term, 1996

Per Curiam.

{¶ 6} We adopt the findings, conclusions, and recommendation of the

board. The record indicates that respondent requires rehabilitation. This court’s

duty to the public requires that respondent affirmatively demonstrate his

rehabilitation before we allow him to resume his place on the rolls of those

permitted to practice law in Ohio. We have thus far suspended respondent from

the practice of law for an interim period. We now hereby suspend respondent from

the practice of law for an indefinite period. Costs taxed to the respondent.

Judgment accordingly.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and

STRATTON, JJ., concur.

__________________

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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