Opinion

Akron Bar Ass'n v. Carter

  • 115 Ohio St. 3d 18
  • 873 N.E.2d 824
Court
Ohio Supreme Court
Filed
Aug 29, 2007
Status
Published
Author
Moyer
On the bench
Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stratton
Cited by
5 cases

imposing a two-year suspension with the second year stayed on conditions based upon his pleading guilty to felony theft and misuse of his employer’s credit card, his failure to accept full responsibility for his actions, and his failure to timely make restitution

How later courts described this case

  • imposing a two-year suspension with the second year stayed on conditions based upon his pleading guilty to felony theft and misuse of his employer’s credit card, his failure to accept full responsibility for his actions, and his failure to timely make restitution
  • suspending an attorney for two years with the final year stayed on conditions for misconduct that included felony convictions for theft and misuse of a credit card

Written by the judges who cited it.

The opinion

Moyer, C.J.,

dissenting.

{¶ 19} I respectfully dissent from the majority decision in regard to the sanction imposed on respondent. In reviewing respondent’s actions, I see a troubling pattern of dishonesty. He abused the trust of his employer and a hotel owner on multiple occasions to further his own selfish needs. He delayed opportunities to repay the injured parties for several months, to the point that the police were called to resolve the matter. Even at that late stage, he further prolonged the proceedings by giving a police detective a check that was not supported by sufficient funds. Despite the fact that he pleaded guilty to two *22 fourth-degree felony charges, theft and misuse of a credit card, he has refused to acknowledge that his conduct was wrongful.

James M. Campbell and Joseph C. McLeland, for relator.

Cornell P. Carter, pro se.

{¶ 20} These serious ethical violations warrant a stricter sanction than the partially stayed suspension ordered by the majority. I would therefore impose a two-year suspension from the practice of law, with no time stayed.

O’Connor and Cupp, JJ., concur in the foregoing opinion.

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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