Comments To Reporter Did Not Violate Ethics Rules

The Ohio Supreme Court reprimanded an attorney but reduced costs because over half of the ethics charges brought against him were dismissed.

We adopt the board’s findings of fact and misconduct with respect to Counts I (professional liability insurance) and II (incompetence, neglect, and failure to communicate). We find, however, that Shenise’s statements to an Akron Beacon Journal reporter to the effect that he had not received notice of a contempt hearing or a telephone call from the court before a warrant was issued against his client were not degrading to the tribunal. Therefore, we sustain Shenise’s objections in part, dismiss the alleged violation of Prof.Cond.R. 3.5(a) (prohibiting a lawyer from engaging in undignified or discourteous conduct that is degrading to a tribunal), and agree that a public reprimand is the appropriate sanction for his misconduct.

The remarks to a reporter concerned the case of an elderly client

The board found that at the time of the interview, Shenise believed that he had not been notified of the hearing and expressed what he believed to be the true facts. It concluded that viewed in their entirety, Shenise’s comments implied that Judge Gallagher acted impetuously and in a heavy-handed manner in dealing with 80-year-old Leonard Little. Believing that the comments were degrading to Judge Gallagher and his staff, the board found that they violated Prof.Cond.R. 3.5(a)(6) (prohibiting a lawyer from engaging in undignified or discourteous conduct that is degrading to a tribunal).

Shenise objects, arguing that he never accused the court of failing to mail the relevant notices and that unlike other cases in which we have found violations of Prof.Cond.R. 3.5(a)(6) or the analogous provision of former DR 7-106(C)(6), his comments did not involve a direct attack on a judge’s integrity.

No violation

Shenise’s comments are little more than a statement that he did not receive notice of a hearing by mail or telephone and that if he had received such notice, he would have appeared.

On these facts, we cannot find that Shenise’s statements to the Akron Beacon Journal reporter were highly likely to obstruct or prejudice the administration of justice. Therefore, we sustain Shenise’s objection and dismiss the alleged violation of Prof.Cond.R. 3.5(a)(6).

Three justices dissented and would impose a two-year stayed suspension. (Mike Frisch)