Former Prosecutor Faces Discipline
The Willoughby News-Herald has a story on a recommendation for discipline filed with the Ohio Supreme Court.
The attorney is a former prosecutor who is depicted in this clip from 48 Hours Mystery.
Members of the Ohio Supreme Court’s Board of Professional Conduct have recommended a former assistant Geauga County prosecutor who is a recovering heroin addict be suspended from practicing law for two years because of misconduct.
However, 18 months of attorney Carly Snavely’s suspension should be stayed if she remains sober, the three-member hearing panel has recommended.
According to Snavely’s consent to discipline agreement submitted by her lawyer, Joseph Dunson:
Snavely has practiced law for nine years. Now a solo practitioner in Chagrin Falls, she was previously employed as a public defender in Florida before serving as a Geauga County assistant prosecutor from 2008 to 2011.
On Feb. 25, 2013, Snavely met with William Russell to discuss his defense in a Geauga County domestic violence case. However, she failed to obtain written confirmation from Russell that he knew she did not carry the required malpractice insurance.
As Russell’s case went on, Snavely was admitted to the inpatient program at Glenbeigh Treatment Center to recover from her addiction to heroin.
“Ms. Snavely became addicted to heroin as a result of her need for and use of physician prescribed narcotic pain medication,” Dunson wrote in the agreement. “Ms. Snavely completed her inpatient program in a timely manner. She then continued to comply with her treatment regimen by undergoing several weeks of intensive outpatient treatment.”
On Nov. 4, 2013, Snavely pleaded guilty to possession of heroin, a fifth-degree felony, stemming from an incident that occurred the previous June.
In April 2014, Russell filed a grievance against Snavely with the Geauga County Bar Association because he was forced to retain substitute counsel because of Snavely’s addiction.
Geauga County Common Pleas Judge David L. Fuhry granted Snavely intervention in lieu of conviction and placed her on a two-year rehabilitation period that included intensive supervision probation.
In December 2014, Snavely complied with all the provisions of her program and was released from all court-ordered control nearly one year early.
On May 5, 2015, Snavely pleaded guilty to attempted forgery and spent three days in jail for lifting Russell’s signature and copying it onto the legal malpractice insurance waiver.
Last August, Snavely made full restitution to Russell for a $3,500 retainer.
In another matter, Alex Fisher retained Snavely to defend him in a Cuyahoga County drug trafficking case in March 2013.
Snavely did not advise Fisher that she lacked legal malpractice insurance and did not appear at a scheduled pretrial because of her drug treatment. Snavely has made full restitution of the $2,650 retainer that Fisher’s mother paid.
In its recommendation, the panel noted that Snavely had no prior disciplinary record. The panel determined that her addiction contributed to her misconduct and that she is currently capable of engaging in the competent and ethical practice of law.
Snavely referred questions to her attorney.
“Attorney Carly Snavely has worked tirelessly to rehabilitate herself following a battle with chemical dependency that has become all too common in today’s society,” Dunson said in an emailed statement to The News-Herald. “She has been clean and sober for two and a half years, and has committed her life to helping others recover from the disease of addiction. Ms. Snavely’s family, friends, clients, and colleagues stand in unity with her, as evidenced by the plethora of support letters submitted with the Consent to Discipline Agreement.”
The Board of Professional Conduct is a 28-member quasi-judicial body appointed by the state Supreme Court to adjudicate formal complaints of misconduct involving judges and attorneys. It consists of 17 lawyers, seven active or retired judges and four nonlawyers.
The recommendation is subject to review and approval by the Ohio Supreme Court.
(Mike Frisch)