Opinion

Ohio State Bar Ass'n v. Roest

  • 54 Ohio St. 2d 95
  • 8 Ohio Op. 3d 90
  • 374 N.E.2d 1366
  • 1978 Ohio LEXIS 580
Court
Ohio Supreme Court
Filed
Apr 19, 1978
Status
Published
On the bench
Brown, Celebrezze, Herbert, Locher, Neill, Sweeney
Cited by
3 cases
Authority
More cited than 83.8%

The opinion

Per Curiam.

Gov. R. V(10)(b) provides:

“After an answer has been filed or the time for answer has elapsed, if the complaint or answer alleges mental illness supported by a certified copy of a journal entry of a court of competent jurisdiction adjudicating mental illness, or if the Board finds existing mental illness after an examination provided in (d) hereof, the Boiard shall forthwith certify the complaint to this Court and the Court may suspend the Eespondent from the practice of law.”

Gov. E. V(10)(d) provides:

“Any suspension under this section may be terminated on Eespondent’s application to the Board and a showing of removal of the cause for suspension, which is certified by the Board to, and affirmed by, the Court.”

Eespondent submits that he proved at the hearing in the instant cause that he was, at the time that his offenses were committed, suffering from a mental illness, to- *100 wit, alcoholism. Respondent avers that his subsequent recovery from alcoholism constitutes a cure thereof within Gov. R. V(10)(d).

Respondent misapprehends Gov. R. V(10)(b). The provisions of that rule obtain only in controversies wherein a respondent proves he is mentally ill at the time of his. disciplinary action. Gov. R. V(10)(b) is not relevant at. that juncture when the respondent has, as is alleged in the instant cause, recovered. Furthermore, although alcoholism may be a factor to consider in mitigation of discipline, it is ordinarily not a mental illness comprehended by Gov. R. V(10)(b).

It is the considered judgment of this court that respondent be indefinitely suspended from the practice of' law for his violations of the Code of Professional Responsibility.

Judgment accordingly.

O’Neill, C. J., Herbert, Celebrezze, W. Brown, P. Brown, Sweeney and Locher, JJ., concur.

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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