The opinion
[This opinion has been published in Ohio Official Reports at 85 Ohio St.3d 393.]
OFFICE OF DISCIPLINARY COUNSEL v. BALL.
[Cite as Disciplinary Counsel v. Ball, 1999-Ohio-399.]
Attorneys at law—Misconduct—Two-year suspension—Conviction for attempted
complicity to tamper with ballots and attempted complicity to falsely
register voters—Previous disciplinary action resulting in a six-month
suspension.
(No. 98-2214—Submitted February 10, 1999—Decided April 28, 1999.)
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and
Discipline of the Supreme Court, No. 97-90.
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{¶ 1} On October 13, 1997, relator, Office of Disciplinary Counsel, filed a
complaint with the Board of Commissioners on Grievances and Discipline of the
Supreme Court (“board”) against respondent, Claire Melvin Ball, Jr. of Athens,
Ohio, Attorney Registration No. 0020459. Relator charged respondent with
violating DR 1-102(A)(3) (engaging in illegal conduct involving moral turpitude),
1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or
misrepresentation), and 1-102(A)(6) (engaging in conduct adversely reflecting on
his fitness to practice law). The charges in the disciplinary complaint were based
upon multiple criminal charges to which respondent pled guilty and upon which he
was subsequently convicted.
{¶ 2} The underlying criminal action was commenced on August 16, 1996,
when the Athens County Grand Jury returned an indictment charging respondent
with twenty-five counts of complicity to tamper with ballots (a violation of R.C.
3599.26 and 2923.03), one count of tampering with ballots (a violation of R.C.
3599.26), one count of interfering with the conduct of an election (a violation of
R.C. 3599.24[A][2]), and twenty-four counts of complicity to falsely register voters
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(a violation of R.C. 3599.11 and 2923.03). All violations are felonies of the fourth
degree.
{¶ 3} On May 20, 1997, pursuant to a plea agreement, respondent pled
guilty to thirty first-degree misdemeanor charges: fifteen counts of attempted
complicity to tamper with ballots in violation of R.C. 3599.26, 2923.02, and
2923.93, and fifteen counts of attempted complicity to falsely register voters in
violation of R.C. 3599.11(A), 2923.02, and 2923.03. The Athens County Common
Pleas Court convicted respondent of these offenses and sentenced respondent with
a fine of one thousand dollars on each count and a jail term of six months on each
count, to be served consecutively, to a maximum term of eighteen months. The
court suspended the jail term on the conditions that respondent pay, in addition to
the fine, twenty thousand dollars for the costs of his prosecution to the Athens
County Prosecutor to be distributed to the various agencies involved in
respondent’s prosecution, and that respondent be placed on probation for two years.
{¶ 4} Respondent paid the costs of prosecution and the required initial part
of the fine the same day as the court convicted and sentenced him. On February 6,
1998, respondent finished paying the remaining fine in full, pursuant to the trial
court’s sentencing order.
{¶ 5} On May 22, 1998, a three-member panel appointed by the board held
a hearing. Relator proffered for admission the indictment, the judgment entry of
conviction and sentencing, the plea and sentencing transcript, the bill of particulars,
and a previous disciplinary entry. The panel admitted only the judgment entry of
conviction and sentencing, the bill of particulars, and the previous disciplinary
entry. Relator rested after the panel admitted these documents and did not present
any witnesses.
{¶ 6} The hearing panel ruled that it would accept evidence from respondent
as to his motivation for the criminal offenses, but because he pled guilty to the thirty
misdemeanor charges, the panel would not hear evidence as to his guilt or
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January Term, 1999
innocence. Respondent presented the testimony of seven witnesses attesting to
respondent’s ability and fitness to practice law. Respondent also presented the
testimony of one attorney who practices election law, for the purpose of showing
that the offenses to which respondent pled guilty did not involve fraud. The panel
admitted respondent’s submission of the proof of payment of fines and costs from
the underlying criminal action and twenty-six letters in support of respondent,
attesting to his reputation in the legal and general community. Respondent himself
did not testify.
{¶ 7} According to the board report, the hearing panel found that because
respondent’s plea involved attempted complicity to falsely register voters, he had
violated DR 1-102(A)(4) and 1-102(A)(6). The panel also concluded that the types
of criminal violations and the surrounding circumstances involved moral turpitude
and therefore respondent had violated DR 1-102(A)(3). The panel recommended a
one-year suspension from the practice of law. The board adopted the findings of
fact, conclusions of law, and recommendation of the panel, and further
recommended that respondent pay the costs of these disciplinary proceedings.
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Jonathan E. Coughlan, Disciplinary Counsel, and Lori J. Brown, First
Assistant Disciplinary Counsel, for relator.
Dinsmore & Shohl, L.L.P., Anthony J. Celebrezze, Jr., and William M.
Mattes, for respondent.
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ALICE ROBIE RESNICK, J.
{¶ 8} We adopt the findings and conclusions of the board. However,
because we find respondent’s offenses to be especially serious, we decline to adopt
the board’s recommendation regarding sanctions.
{¶ 9} The offenses to which respondent pled guilty are described in the bill
of particulars as “solicit[ing] or procur[ing] another to vote the ballot of another
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which had not been obtained lawfully from precinct authorities” (fifteen counts)
and “solicit[ing] or procur[ing] another to commit the offense of knowingly making
a false statement on any form for registration or any application or return envelope
for an absent voter’s ballot; to-wit: [individuals were] solicited to complete * * *
application[s] for absent voter[s’] ballot[s] indicating[ ] incorrect address[es]”
(fifteen counts). These offenses involve falsifying ballots and applications for
ballots. Respondent thus engaged in conduct involving dishonesty, fraud, deceit,
or misrepresentation in violation of DR 1-102(A)(4).
{¶ 10} Moreover, by falsifying ballots and applications for ballots,
respondent worked to undermine the very system upon which our country as a
democracy is based. True and accurate balloting ensures valid elections, which in
turn guarantee that our government is truly representative. By committing these
offenses, respondent fundamentally affected the legitimacy of our government and
thus engaged in conduct that involves moral turpitude in violation of DR 1-
102(A)(3). Finally, by committing these particular offenses, respondent shows a
serious lack of respect for the law and thus has engaged in conduct that adversely
reflects on his fitness to practice law in violation of DR 1-102(A)(6).
{¶ 11} Additionally, this is respondent’s second disciplinary action. In
1993, this court found that respondent had violated DR 6-101(A)(3) and suspended
him from the practice of law for six months. Disciplinary Counsel v. Ball (1993),
67 Ohio St.3d 401, 405, 618 N.E.2d 159, 162.
{¶ 12} Respondent is hereby suspended from the practice of law in Ohio for
a period of two years. Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., DOUGLAS, F.E. SWEENEY, COOK and LUNDBERG STRATTON,
JJ., concur.
PFEIFER, J., dissents and would adopt the recommendation of the board of a
one-year suspension.
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January Term, 1999
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