Opinion

In re Application of Gueli

  • 132 Ohio St. 3d 39
  • 2012 Ohio 1907
Court
Ohio Supreme Court
Filed
May 3, 2012
Status
Published
On the bench
Brown, Cupp, Lanzinger, Lundberg, McGee, O'Connor, O'Donnell, Pfeifer, Stratton
Cited by
0 cases

The opinion

[Cite as In re Application of Gueli, 132 Ohio St.3d 39, 2012-Ohio-1907.]

IN RE APPLICATION OF GUELI.

[Cite as In re Application of Gueli, 132 Ohio St.3d 39, 2012-Ohio-1907.]

Attorneys—Character and fitness—Dishonesty and neglect of financial

responsibilities require disapproval of application to take the bar exam—

Applicant may reapply to take a later bar examination if he meets certain

conditions.

(No. 2011-1323—Submitted November 1, 2011—Decided May 3, 2012.)

ON REPORT by the Board of Commissioners on Character and Fitness of the

Supreme Court, No. 426.

__________________

Per Curiam.

{¶ 1} Jeffrey Vincent Gueli of Mayfield Heights, Ohio, was admitted to

the Florida Bar in 2005. He has applied to register as a candidate for admission to

the practice of law in Ohio and earlier applied to take the February 2009 and July

2011 bar exams. Citing Gueli’s lack of honesty, his resistance to treatment for his

alcohol dependency, and his failure to take responsibility for his own support, the

Board of Commissioners on Character and Fitness recommends that we

disapprove Gueli’s character, fitness, and moral qualifications at present, but that

he be permitted to apply to take the July 2014 bar examination if he meets certain

conditions. Gueli objects to the board’s recommendation, arguing that he has

been successfully treated for depression and alcoholism for several years, that the

board’s concerns about his honesty and trustworthiness are unfounded, and that he

is competent to practice law. We overrule Gueli’s objections and adopt the

board’s recommendation to disapprove his pending application. He may,

however, apply to take the July 2014 bar exam on certain conditions.

SUPREME COURT OF OHIO

Summary of Proceedings

{¶ 2} The admissions committee of the Cleveland Metropolitan Bar

Association issued a report disapproving Gueli’s character, fitness, and moral

qualifications. Gueli appealed the committee recommendation to the Board of

Commissioners on Character and Fitness. See Gov.Bar R. I(12). The board

appointed a panel to review Gueli’s character, fitness, and moral qualifications,

and the panel conducted a hearing on April 20, 2011.

{¶ 3} The panel found that Gueli had been hired by the Office of the

State Attorney in Florida in September 2005. He resigned from that position in

March 2006 after he was reprimanded for filing criminal charges without

discussing the charges with his supervisor and then taking the case to the media

when his supervisors did not agree with his actions. Though he initially testified

that he was unaware of any policy that would prohibit him from talking to the

media, he later admitted that he had been advised of such a policy at his

orientation. He filed grievances against his former supervisors but later dismissed

them.

{¶ 4} Upon leaving the State Attorney’s Office, Gueli commenced the

private practice of law and apparently became increasingly delusional. He

claimed to believe that authorities had interfered with letters he had written to the

press and that authorities had once laced his drink with a deadly narcotic. He

filed a lawsuit in federal court naming President George Bush, Florida Governor

Jeb Bush, and Florida State Attorney Earl Moreland as defendants, alleging that

they had violated the Racketeer Influenced and Corrupt Organizations Act and

had denied his First Amendment rights by interfering with his mail. He also

wrote to the Federal Bureau of Investigation with irresponsible and unprofessional

accusations. The federal court granted the defendants’ motions to dismiss Gueli’s

complaint despite Gueli’s opposition to dismissal. At the panel hearing, Gueli

testified falsely that he had voluntarily dismissed the action.

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January Term, 2012

{¶ 5} In November 2006, following the dismissal of his federal action,

Gueli returned to Ohio from Florida. He was unemployed for several months,

until he obtained temporary employment with Litigation Management. On his

bar-exam application, he stated that he worked as an attorney, though he testified

that he performed mostly paralegal tasks. He also stated that he held a temporary

position as an attorney for American Electric Power, but then testified that he had

not been functioning as a lawyer.

{¶ 6} In 2006 and 2007, the Florida Bar filed two complaints against

Gueli based upon his federal lawsuit and an arrest for driving under the influence

that Gueli claimed was orchestrated by the authorities because of his federal

lawsuit. In responding to those complaints, Gueli sent inflammatory letters

threatening to sue the bar. He failed to appear for two hearings, claiming that he

saw no reason to attend them because he had been acquitted of the criminal

charge. He also claimed that the hearings were 250 miles from his home, he had

no access to a vehicle, and he could not take leave from his new job.

{¶ 7} In 2008, a Florida grievance committee recommended, and Gueli

agreed to participate in, a diversion program with Florida Lawyers’ Assistance,

Inc. (“FLA, Inc.”). Having returned to Ohio, however, Gueli, failed to submit to

an FLA, Inc. evaluation by the specified date. He did, however, enter into a

contract with the Ohio Lawyers Assistance Program (“OLAP”), which the Florida

grievance committee eventually determined was an adequate substitute for the

required FLA, Inc. program. Although Gueli claimed that the Florida grievance

committee had closed Gueli’s file, the recommendation of diversion conditioned

that closure on successful completion of the FLA, Inc.—and consequently,

OLAP—requirements.

{¶ 8} In early 2009, Gueli was evaluated by Dr. Brooke Wolf, an Ohio

psychiatrist, who diagnosed him with major depression with psychotic features.

While his first OLAP contract, executed in April 2009, was a mental-health

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contract, it required him to refrain from using alcohol and other mood-altering

drugs. Gueli’s failure to take his medication as prescribed and his excessive

drinking, which tended to retard the efficacy of his medications and fuel his

delusions, interfered with his treatment. He participated in an intensive outpatient-

treatment program for alcohol dependency from January through March 2010, but

resisted the treatment.

{¶ 9} As a result of Gueli’s continuing issues with alcohol, in June 2010,

he entered into a second OLAP contract to address this chemical dependency.

The contract required him to refrain from using all mood-altering substances,

including alcohol, to submit to random alcohol screening, participate in

Alcoholics Anonymous (“AA”), and obtain an AA sponsor within two weeks of

signing the contract. Gueli did not comply with this contract. He did not attend

AA meetings regularly, he waited approximately six months to obtain an AA

sponsor, he failed two of his six random alcohol screenings, and he missed others

because he failed to call his OLAP monitor, Paul Caimi, at least once a week.

{¶ 10} When outpatient treatment and AA failed to work, Caimi, Dr.

Wolf, and a licensed independent social worker, Paul Hunkins, recommended

inpatient treatment. Gueli refused to enroll in inpatient treatment, citing his

inability to pay and his unwillingness to seek treatment even if it were free. In an

e-mail to Caimi, Gueli claimed that he was drinking no more than ten alcoholic

beverages a week and that he did not have an illness that required hospitalization.

Although Gueli knew that both Hunkins and Dr. Wolf had recommended

residential treatment, he testified that Dr. Wolf and Hunkins opposed it. Dr. Wolf

and Hunkins contradicted Gueli’s testimony, stating that they concurred with the

recommendation for inpatient treatment.

{¶ 11} As Caimi pushed for inpatient treatment, Gueli responded with a

letter threatening to sue Caimi. Gueli’s conduct—including his refusal to seek

inpatient treatment, his failure to check in daily to see whether he was scheduled

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January Term, 2012

for a urine test, his failure to regularly attend AA meetings, and his continued

drinking—led to the termination of his OLAP contract in August 2010. When

questioned about the effect the termination of his OLAP contract had on the

proceedings involving his Florida license, Gueli testified that he believed he had

informed the appropriate authorities. He did not, however, provide the

admissions committee with a copy of any letter he had sent to the Florida bar or

received on this matter, flouting the committee’s previous request for all

documents pertinent to the Florida case.

{¶ 12} The panel states that after the hearing, Gueli provided a copy of a

letter dated September 4, 2010, that he supposedly sent to the Florida bar

notifying it of the termination of his OLAP contract. The panel questions the

authenticity of this unsigned letter and disputes the accuracy of the information

contained in it. In the letter, Gueli apparently reported that (1) his treatment for

his depression, paranoid delusions, and alcoholism was going well, (2) he had

regularly attended AA meetings since February 2010, (3) he had completely

abstained from alcohol except for a brief relapse in March 2010, and (4) Caimi

had irrationally demanded that he obtain inpatient treatment and then terminated

his OLAP contract because Gueli refused. We cannot confirm that Gueli made

these representations because this letter has not been preserved in the record. But

the evidence does demonstrate that Gueli attended only six AA meetings in

August 2010 (when he was required to attend at least three per week), attended no

meetings in September or October 2010, and reported to Caimi in August 2010

that he was drinking up to ten alcoholic drinks a week. At the hearing, Gueli

admitted that he continues to drink a low-alcohol beer, even though his treatment

professionals recommend that he avoid all alcohol. The combination of these

failures led to the termination of Gueli’s OLAP contract.

{¶ 13} The panel also expressed grave concern that Gueli had not been

honest with his treatment professionals. Those professionals testified and their

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notes reflect that Gueli told them he was attending AA meetings when he was not.

Dr. Wolf opined that Gueli could practice law as long as he continued to take his

medications and participate in therapy and psychiatric sessions, though she

expressed concerns about his lack of honesty. Hunkins acknowledged that

Gueli’s lack of honesty reflected poorly on his character and would make him an

inappropriate candidate for the bar. Though Dr. Wolf voiced concern that Gueli’s

reports to and about her were not accurate, she did not believe that his dishonesty

adversely reflected on his ability to comprehend and make reasonable judgments

or, consequently, on his ability to practice law. In fact, she declared that if lying

about the number of AA meetings attended made an attorney unfit to practice law,

a lot of attorneys would be disbarred. The panel rejected Dr. Wolf’s view, finding

that she devalued the critical importance that truth and honesty play in the

profession.

{¶ 14} In addition to Gueli’s alcohol dependency, the panel expressed its

concern about his financial responsibility. He has lived with and been totally

supported by his parents for several years. Except for a few short periods of

restaurant work, from which he has been terminated, he has been unemployed.

And he has failed to present any evidence that he has made significant efforts to

obtain employment. Moreover, the record shows that he has credit-card and other

debt of $18,500 plus $85,000 in student-loan debt, all in default. Gueli has no

plans to repay his debt or to support himself.

Recommendation

{¶ 15} The panel found that Gueli’s paranoia and delusions appear to have

abated as a result of medication and psychiatric care, which Gueli will need for

the rest of his life. While Gueli’s alcohol dependency, his steadfast resistance to

treatment, and his failure to take responsibility for his financial affairs were of

serious concern, the panel was most troubled by Gueli’s inability to know or tell

the truth. Not only was Gueli not truthful with Dr. Wolf, Hunkins, and Caimi, but

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January Term, 2012

on numerous instances, his testimony was inaccurate. Gueli, however, stood by

his statements until challenged by incontrovertible evidence to the contrary. The

panel questioned whether Gueli knew that he was creating his own facts, whether

he was just careless, or whether his mental-health issues contributed to an altered

perception of reality. Regardless of the cause, the panel found that at present,

Gueli “is not a person upon whom clients, courts, adversaries, and others can

rely.”

{¶ 16} Citing Gueli’s significant deficiency in honesty, trustworthiness,

and reliability, the panel recommends that his character and fitness be

disapproved at this time. See Gov.Bar R. I(11)(D)(3). The panel recommends,

however, that Gueli be permitted to apply to take the July 2014 bar examination.

In the interim, the panel recommends that Gueli (1) continue his treatment with

Dr. Wolf and Hunkins, (2) enter into a three-year OLAP contract, and (3) fully

comply with all the terms and conditions of that OLAP contract, as well as the

recommendations of OLAP and his treating professionals.

{¶ 17} The board has unanimously adopted the panel’s findings of fact

and recommendations, except that the board would require Gueli to submit a new

application to register as a candidate for admission to the practice of law no

sooner than November 1, 2013, followed by an application to take the July 2014

bar exam.

Disposition

{¶ 18} An applicant to the Ohio bar must prove by clear and convincing

evidence that he or she “possesses the requisite character, fitness, and moral

qualifications for admission to the practice of law.” Gov.Bar R. I(11)(D)(1). The

applicant’s record must justify “the trust of clients, adversaries, courts, and others

with respect to the professional duties owed to them.” Gov.Bar R. I(11)(D)(3).

“A record manifesting a significant deficiency in the honesty, trustworthiness,

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diligence, or reliability of an applicant may constitute a basis for disapproval of

the applicant.” Id.

{¶ 19} In determining that the applicant has not proved that he possesses

the requisite character, fitness, and moral qualifications, the board considered the

factors set forth in Gov.Bar R. I(11)(D)(3) and (4). The board expressed concern

regarding the applicant’s alcohol dependence and his resistance to recommended

treatment, his neglect of his financial responsibilities, and his lack of candor in the

admissions process. See Gov.Bar R. I(11)(D)(3)(b), (h), and (k).

{¶ 20} Gueli objects to the board’s findings of fact and its

recommendation that his character and fitness be disapproved at this time. He

argues that he has been a member in good standing of the Florida Bar and that

while he has had “some issues with depression and alcoholism,” they have been

successfully treated. He challenges the board’s finding that he lacks honesty,

claiming that AA attendance is “not critically important.” Gueli contends that he

has no problems knowing or telling the truth and that he has been responding well

to his treatment for alcoholism. He characterizes the board’s recommendation as

“irrational and unfair” and asks us to admit him to candidacy for the practice of

law in Ohio.

{¶ 21} Having thoroughly reviewed the record, however, we conclude that

Gueli’s objections are without merit. Not only are the board’s findings supported

by the testimony and evidence adduced at the hearing, but Gueli’s objections

corroborate the board’s findings that he creates his own facts, which differ

significantly from reality. He has demonstrated a disturbing lack of candor in the

admissions process and continues to minimize the severity of his alcohol

dependence, while overstating the progress he has made in his treatment program.

{¶ 22} Based upon the foregoing, we agree that the applicant has failed to

prove that he currently possesses the requisite character, fitness, and moral

qualifications for admission to the practice of law. We therefore adopt the

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January Term, 2012

board’s findings of fact and disapprove Gueli’s application to register as a

candidate for admission to the practice of law. Gueli may submit a new

application to register as a candidate for admission to the practice of law in Ohio

no sooner than November 1, 2013, and may apply to take the July 2014 bar

examination if he (1) continues treatment with Hunkins and Dr. Wolf and follows

their recommended treatment, (2) enters into a new three-year OLAP contract,

and (3) fully complies with all its terms and conditions as verified by OLAP.

Judgment accordingly.

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL, CUPP,

and MCGEE BROWN, JJ., concur.

LANZINGER, J., concurs in judgment only.

__________________

Jeffrey Vincent Gueli, pro se.

Tucker Ellis & West, L.L.P., and Susan Audey, for Cleveland

Metropolitan Bar Association.

______________________

9

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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