# Dayton Bar Ass'n v. Millonig

> Ohio Supreme Court · January 20, 1999 · 84 Ohio St. 3d 403

URL: https://www.frixlaw.com/law-library/cases/6778759

## Case

- **Full name:** Dayton Bar Association v. Millonig
- **Court:** Ohio Supreme Court
- **Decided:** January 20, 1999
- **Citations:** 84 Ohio St. 3d 403; 704 N.E.2d 568
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6778759

## Opinion text

Per Curiam.
We adopt the findings of the board and its conclusion that respondent violated DR 1-102(A)(4) by failing to file the tax returns.
*405 Because respondent was originally charged with a violation of DR 1-102(A)(4) and had notice and an opportunity to make his defense, relator’s subsequent withdrawal of the charge did not preclude the panel and the board from finding that respondent’s stipulated misconduct violated this Disciplinary Rule. We consequently distinguish Disciplinary Counsel v. Simecek (1998), 83 Ohio St.3d 320 , 699 N.E.2d 933 , in which we held that after the record was closed, the board could not find disciplinary violations that were not originally charged.
We also agree with the board regarding the appropriate sanction. Unlike Disciplinary Counsel v. Fowerbaugh (1995), 74 Ohio St.3d 187, 190-191 , 658 N.E.2d 237 , 240, where we held that a violation of DR 1-102(A)(4) requires an actual suspension from the practice of law, there is no evidence in this case that respondent ever lied to his clients or any court. Accordingly, respondent is hereby publicly reprimanded. Costs taxed to respondent.
Judgment accordingly.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.
Cook and Lundberg Stratton, JJ., dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6778759. Public record. Not legal advice.