Opinion

Office of Disciplinary Counsel v. Nothstein

  • 21 Ohio St. 3d 108
  • 21 Ohio B. 400
  • 488 N.E.2d 180
  • 1986 Ohio LEXIS 538
Court
Ohio Supreme Court
Filed
Jan 15, 1986
Status
Published
On the bench
Brown, Celebrezze, Douglas, Holmes, Locher, Sweeney, Wright
Cited by
4 cases
Authority
More cited than 71.3%

prison fight punishable under mob-action statute because statute did not require that acts occur in public view, and prior riot law did not require that a disorder occur in a public place

How later courts described this case

  • prison fight punishable under mob-action statute because statute did not require that acts occur in public view, and prior riot law did not require that a disorder occur in a public place
  • disbarring attorney who engaged in a scheme to misappropriate approximately $40,000 from his law firm over a two-year period

Written by the judges who cited it.

The opinion

Per Curiam.

It is well-established by this court that embezzlement of funds is demonstrative of sufficient moral turpitude to justify disbarment. Bar Assn. v. McGarry (1979), 60 Ohio St.2d 168 [ 14 O.O.3d 406 ]; Lake County Bar Assn. v. Ostrander (1975), 41 Ohio St.2d 93 [ 70 O.O.2d 173 ]. Such a determination, however, is neither lightly nor automatically imposed. See, e.g., Reinstatement of Rasor (1974), 40 Ohio St. 2d 25 [ 69 O.O.2d 127 ] (mitigating circumstances offered with a finding that petitioner had rehabilitated himself to justify readmission to the bar).

In the present cause respondent’s apparent reluctance to offer mitigation on his own behalf, or to appear before the panel, does not help his position. A review of the record supports the board’s findings and recommendation which we adopt in their totality.

It is the judgment of this court that respondent be permanently disbarred from the practice of law.

Judgment accordingly.

Celebrezze, C.J., Sweeney, Locher, Holmes, C. Brown, Douglas and Wright, 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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