Opinion

Disciplinary Counsel v. Christ

  • 74 Ohio St. 3d 308
  • 1996 Ohio 72
Court
Ohio Supreme Court
Filed
Jan 17, 1996
Status
Published
Cited by
0 cases
Authority
More cited than 35.0%

The opinion

[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 308.]

OFFICE OF DISCIPLINARY COUNSEL v. CHRIST.

[Cite as Disciplinary Counsel v. Christ, 1996-Ohio-72.]

Attorneys at law—Misconduct—Public reprimand—Accepting private

employment in a matter upon the merits of which the attorney has acted in

a judicial capacity.

(No. 95-1670—Submitted September 27, 1995—Decided January 17, 1996.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 95-07.

__________________

{¶ 1} In a complaint filed on February 6, 1995, relator, Office of

Disciplinary Counsel, charged respondent, Paul Steve Christ of Mansfield, Ohio,

Attorney Registration No. 0008150, with having violated, inter alia, DR 9-101(A)

(accepting private employment in a matter upon the merits of which he has acted

in a judicial capacity). A panel of the Board of Commissioners on Grievances and

Discipline of the Supreme Court heard the matter on June 8, 1995.

{¶ 2} The parties stipulated to the facts underlying the charged misconduct

at the hearing. The stipulations established that respondent granted an uncontested

divorce to Valarie Daniel and her former husband in April 1987, while respondent

was employed as a judge of the Richland County Common Pleas Court Division of

Domestic Relations. In June 1994, respondent represented Daniel in the course of

his private practice and filed a Motion to Modify Parental Rights and

Responsibilities against her former husband in the Richland County Common Pleas

Court, Division of Domestic Relations. Counsel for Daniel’s former husband

moved the court for respondent’s removal, but her motion was overruled, and

respondent continued as Daniel’s attorney until the parties resolved the custody and

child support dispute in January 1995.

SUPREME COURT OF OHIO

{¶ 3} Respondent explained at the hearing that his judicial involvement in

the Daniels’ uncontested divorce had been limited to signing the final judgment

entry and that he had considered this act perfunctory and insufficient to bar his

subsequent private employment in the matter. However, the panel concluded that

respondent had committed a “technical” violation of DR 9-101(A) because he “did

act in his official capacity as a judge, [he] signed the entry, and * * * seven years

later [he] represented one of the litigants in a * * * Motion to Modify custody in

the same case ***.”

{¶ 4} In recommending a sanction for this misconduct, the panel considered

the testimony of two local attorneys who had known respondent for years and had

great respect for his professional competence and integrity. The panel also

considered that respondent had never before been the subject of disciplinary

proceedings. The panel recommended the sanction suggested by relator—a public

reprimand.

{¶ 5} The board adopted the panel’s report, including its findings of fact,

conclusions of law and recommended sanction.

__________________

Geoffrey Stern, Disciplinary Counsel, and Lori J. Brown, Assistant

Disciplinary Counsel, for relator.

Mary L. Cibella, for respondent.

__________________

Per Curiam.

{¶ 6} Upon review of the record, we concur in the board’s finding of

misconduct and its recommendation. Respondent is therefore publicly reprimanded

for having violated DR 9-101(A). Costs taxed to respondent.

Judgment accordingly.

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

COOK, JJ., concur.

2

January Term, 1996

__________________

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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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