Disciplinary Counsel v. Butler

[Cite as Disciplinary Counsel v. Butler, 128 Ohio St.3d 319, 2011-Ohio-236.]

DISCIPLINARY COUNSEL v. BUTLER.

[Cite as Disciplinary Counsel v. Butler, 128 Ohio St.3d 319, 2011-Ohio-236.]

Attorneys — Misconduct — Indefinite license suspension after felony conviction,

with no credit for time served under the interim felony suspension.

(No. 2010-1794 — Submitted January 4, 2011 — Decided January 27, 2011.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 09-004.

__________________

Per Curiam.

{¶ 1} Respondent, Brian Jeffrey Butler of Fort Wayne, Indiana, Attorney

Registration No. 0074086, was admitted to the practice of law in Ohio in 2001.

On December 4, 2008, following his conviction and sentencing on ten felony

counts involving pandering sexually oriented matter involving a minor, we

imposed an interim felony suspension on respondent’s license pursuant to

Gov.Bar R. V(5)(A)(4). In re Butler, 120 Ohio St.3d 1427, 2008-Ohio-6274, 897

N.E.2d 659.

{¶ 2} Based on the conduct underlying respondent’s felony convictions

for offenses that occurred in 2004 and 2005, relator, Disciplinary Counsel, has

filed a complaint charging respondent with violations of DR 1-102(A)(3)

(prohibiting a lawyer from engaging in illegal conduct involving moral turpitude)

and 1-102(A)(6) (prohibiting a lawyer from engaging in conduct that adversely

reflects upon his fitness to practice law).

{¶ 3} The board has accepted the parties’ stipulation that respondent’s

criminal conduct violated DR 1-102(A)(3) and 1-102(A)(6). The board also

agrees that respondent’s lack of a prior disciplinary record, full and free

disclosure to the board, and cooperative attitude toward the proceedings should be

SUPREME COURT OF OHIO

considered in mitigation. See Section 10(B)(2)(a) and (d) of the Rules and

Regulations Governing Procedure on Complaints and Hearings Before the Board

of Commissioners on Grievances and Discipline (“BCGD Proc.Reg.”). It further

concludes that none of the factors in aggravation set forth in BCGD Proc.Reg.

10(B)(1)(a) through (i) are present. Based upon these findings, the board

recommends that respondent be indefinitely suspended from the practice of law in

Ohio with no credit for time served under his interim suspension.

{¶ 4} We accept the board’s findings of fact and misconduct and agree

that the parties’ stipulated sanction of an indefinite suspension with no credit for

time served under his interim suspension is an appropriate sanction for

respondent’s misconduct. See Disciplinary Counsel v. Ridenbaugh, 122 Ohio

St.3d 583, 2009-Ohio-4091, 913 N.E.2d 443, ¶ 2, 40-41 (imposing an indefinite

suspension with credit for time served under an interim suspension order for

misconduct involving acts of voyeurism and use of child pornography).

{¶ 5} Accordingly, we indefinitely suspend Brian Jeffrey Butler from the

practice of law in Ohio, with no credit for time served under his interim

suspension order. Costs are taxed to respondent.

Judgment accordingly.

PFEIFER, LUNDBERG STRATTON, O’DONNELL, LANZINGER, and CUPP, JJ.,

concur.

O’CONNOR, C.J., and MCGEE BROWN, J., dissent and would permanently

disbar respondent.

__________________

Jonathan E. Coughlan, Disciplinary Counsel, and Stacy Solochek

Beckman, Assistant Disciplinary Counsel, for relator.

Brian Jeffrey Butler, pro se.

__________________

2