Opinion

Columbus Bar Assn. v. Connors

  • 89 Ohio St. 3d 370
  • 2000 Ohio 165
Court
Ohio Supreme Court
Filed
Jul 19, 2000
Status
Published
Cited by
2 cases
Authority
More cited than 61.8%

The opinion

[This opinion has been published in Ohio Official Reports at 89 Ohio St.3d 370.]

COLUMBUS BAR ASSOCIATION v. CONNORS.

[Cite as Columbus Bar Assn. v. Connors, 2000-Ohio-165.]

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

involving dishonesty, fraud, deceit, or misrepresentation—Engaging in

conduct prejudicial to the administration of justice—Engaging in conduct

adversely reflecting on fitness to practice law—Neglect of an entrusted

legal matter.

(No. 99-2232—Submitted March 8, 2000—Decided July 19, 2000.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 98-19.

__________________

{¶ 1} On April 6, 1998, and as amended on October 14, 1998, relator,

Columbus Bar Association, filed a complaint charging respondent, John J. Connors,

Jr., of Columbus, Ohio, Attorney Registration No. 0031717, with several violations

of the Disciplinary Rules. Respondent answered, and a panel of the Board of

Commissioners on Grievances and Discipline of the Supreme Court (“board”)

heard this matter on August 30, 1999.

{¶ 2} As to Counts One and Six, we had suspended respondent from the

practice of law on July 1, 1997, because he had not satisfied all the conditions of a

previous suspension. Columbus Bar Assn. v. Connors (1997), 79 Ohio St.3d 1432,

680 N.E.2d 1008. Respondent learned of this suspension on July 2, 1997, during

his regular perusal of our announcements in our Public Information Office, and

received official notice of this suspension on July 10, 1997, by certified mail.

{¶ 3} Our order found respondent to be in contempt of this court. We

suspended respondent “until such time as respondent purges himself of contempt,

pays publication costs including any accrued interest, files an application for

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reinstatement and is reinstated by this court.” We further ordered respondent to

“immediately cease and desist from the practice of law in any form” and forbade

him from “appear[ing] on behalf of another before any court, judge, commission,

board, administrative agency, or other public authority.” We also ordered

respondent, within thirty days from the date of the order, to “[n]otify all clients

being represented in pending matters * * * of his suspension and his consequent

disqualification to act as an attorney * * * [and] notify the clients to seek legal

service elsewhere,” notify opposing counsel, and “file a notice of disqualification

of respondent with the court or agency before which the litigation is pending for

inclusion in the respective file or files[.]” We, further, ordered respondent to

“[r]efund any part of any fees or expenses paid in advance that are unearned or not

paid * * *.” We reinstated respondent on September 25, 1997. Columbus Bar Assn.

v. Connors (1997), 80 Ohio St.3d 1404, 684 N.E.2d 699.

{¶ 4} In Count One, respondent had undertaken, before July 1, 1997, to

represent John R. Ennis in a criminal matter pending before Judge Deborah P.

O’Neill in the Franklin County Court of Common Pleas. The court scheduled a

pretrial hearing in that case for July 24, 1997. Respondent did not notify Ennis of

respondent’s suspension before the hearing and did not advise Ennis to secure

another attorney to represent himself.

{¶ 5} Instead, respondent talked with Judge O’Neill’s bailiff, Karen Moore,

on July 23, one day before the scheduled pretrial hearing. Respondent advised her

that, while he was under suspension, he anticipated that this court would soon

transmit facsimile documents to Judge O’Neill, notifying her about the lifting of

the suspension. Respondent admitted at the panel’s hearing that no one from the

Supreme Court had given him any reason to expect this to occur.

{¶ 6} In any event, Judge O’Neill, who saw respondent that day, directed

Moore to learn about respondent’s status. Moore learned from this court that we

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January Term, 2000

had not granted respondent’s motion for reinstatement and we had not lifted his

suspension.

{¶ 7} At the pretrial hearing the next day, Judge O’Neill confronted

respondent, who still maintained that we had reinstated him. Judge O’Neill stepped

off the bench and telephoned a representative of this court, who informed Judge

O’Neill that we had not reinstated respondent and that we were not about to transmit

a facsimile document to that effect.

{¶ 8} Judge O’Neill opened the record to inform Ennis that respondent was

under suspension and that Ennis must hire another attorney. In this exchange, Judge

O’Neill learned that respondent had not informed Ennis of the suspension.

{¶ 9} The panel found that respondent had misrepresented his status as an

attorney to Judge O’Neill and Bailiff Moore. The panel, consequently, concluded

that respondent had violated DR 1-102(A)(4) (engaging in conduct involving

dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(5) (engaging in conduct

prejudicial to the administration of justice), and 1-102(A)(6) (engaging in conduct

adversely reflecting on the lawyer’s fitness to practice law).

{¶ 10} In Count Six, respondent, in March 1997, began representing Victor

Turner, who had been sentenced to life imprisonment, to secure Turner’s release

from prison. Respondent received a payment of $500 on March 5, 1997, $5,000 on

July 9, 1997, and $1,000 on July 28, 1997, for this representation. Respondent

knew of his suspension when he received the latter two payments. Respondent

negotiated the checks, which were for services not yet rendered, and deposited them

in his personal checking account. He did not refund the payments to Turner.

{¶ 11} On three occasions during his suspension, respondent gained

admission to the prison to confer with Turner by completing forms indicating that

respondent was Turner’s attorney. Respondent did advise Turner verbally of

respondent’s suspension but did not notify him in writing, certified return receipt

requested, as required in our July 1 order.

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{¶ 12} The panel found that respondent misrepresented his status as an

attorney to the prison authorities to gain access to Turner and that he continued to

practice law during his suspension by accepting payments totaling $6,000. The

panel concluded that respondent had violated DR 1-102(A)(4), 1-102(A)(5), and 1-

102(A)(6).

{¶ 13} As to Count Three, Robin Moses hired respondent to represent her

in a wage-garnishment action. This action arose from a judgment obtained by her

former landlord for rent and for damages to her apartment occurring after she

abandoned the apartment but before the lease term expired. Moses’s mother had

paid respondent $350 for this representation.

{¶ 14} Respondent, in interviewing Moses, had not learned from her that

she had quit the apartment before the lease term had expired. He first learned about

this at the disciplinary hearing. Respondent filed a motion for relief from judgment

and answer. He, however, did not support the motion with legal authority and did

not present evidence in a form authorized under Civ.R. 56(E) sufficient to establish

a meritorious defense. The panel concluded that, under these circumstances,

respondent had violated DR 6-101(A)(3) (neglecting a legal matter entrusted to

him).

{¶ 15} Relator dismissed Counts Four and Five; the panel dismissed Count

Two.

{¶ 16} The panel, agreeing with relator, recommended that we indefinitely

suspend respondent from the practice of law. The board adopted the panel’s

findings of fact, conclusions of law, and recommendation.

__________________

Bruce A. Campbell, Kristy J. Swope and Stanley D. Ross, for relator.

John J. Connors, Jr., pro se.

__________________

Per Curiam.

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January Term, 2000

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

board. We hereby indefinitely suspend respondent from the practice of law. Costs

taxed to respondent.

Judgment accordingly.

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

concur.

LUNDBERG STRATTON, J., not participating.

__________________

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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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