Dignity, Always Dignity

The Ohio Supreme Court suspended an attorney for two years, with the second year stayed on conditions, for misconduct in two matters. The first involved his representation of a client (named Bon Jovi Winbush) in a criminal case. Although not appointed, the attorney assisted in the case. When the assistant prosecutor disclosed during trial the existence of fingerprint evidence, a mistrial was declared.The attorney then filed a motion to suppress the evidence, asserting that the prosecutor “was either lying or incompetent concerning the failure to disclose the fingerprint evidence.” The judge removed the lawyer from the case (he was not on the court appointment list) and appointed new counsel. The lawyer “accosted [new counsel] outside the courtroom [and according to new counsel] behaved in a threatening and intimidating manner.”

He did not stop there. He appeared at a hearing in the case, disrupted the proceedings and had to be restrained and handcuffed. Off to jail, he gave a newspaper interview and was quoted: “Courtrooms get a little rough-and-tumble sometimes. A judge has to be able to accept that or pass the robe to another judge.” Back in court, he offered to apologize only if he was allowed to represent Winbush.  He then accused the judge of collusion with the prosecutor. He was sentenced to and served a 40 day jail sentence.

The second matter also involved a criminal case. He perpetrated a fraud on the court concerning subpoenas and “repeatedly engaged in demonstrative and melodramatic reactions to adverse rulings and certain witnesses’ testimony.” He was found in contempt and qouted as saying that the ensuing fine was “nothing but retaliation on the part of the prosecutors and because they put liars on the stand.” He later denied the quote.

In imposing somewhat harsher discipline than proposed, the court stated:

“The law demands that all counsel foster respect and dignity for those who administer and enforce the law. Conduct that is degrading and disrespectful of judges and fellow attorneys is neither zealous advocacy nor legitimate trial tactics. Lying to a tribunal and making false accusations against judges and fellow attornets can never be condoned. Attorneys must advocate within the rules of law and act with civility and professionalism.” (Mike Frisch)