Columbus Bar Ass'n v. Vogel

881 N.E.2d 1244, 117 Ohio St. 3d 108
CourtOhio Supreme Court
DecidedFebruary 14, 2008
DocketNo. 2007-1592
StatusPublished
Cited by3 cases

This text of 881 N.E.2d 1244 (Columbus Bar Ass'n v. Vogel) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Columbus Bar Ass'n v. Vogel, 881 N.E.2d 1244, 117 Ohio St. 3d 108 (Ohio 2008).

Opinion

Per Curiam.

{¶ 1} Respondent, John William Vogel of Columbus, Ohio, Attorney Registration No. 0071169, was admitted to the Ohio bar in 1999. On May 9, 2007, relator, Columbus Bar Association, filed an amended complaint charging respondent with several violations of the Code of Professional Responsibility and the Ohio Rules of Professional Conduct. Respondent answered the amended complaint, and a panel of the Board of Commissioners on Grievances and Discipline held a hearing on June 21 and 22, 2007. The panel then made findings of fact, conclusions of law, and a recommendation, all of which the board adopted.

2} The board recommends that we suspend respondent from the practice of law for two years, with the second year stayed on conditions. We adopt the board’s findings of misconduct and recommended sanction.

Misconduct

Count One — Judge Brunner Grievance

{¶ 3} In late 2004 and early 2005, respondent represented Bon Jovi Winbush against a series of armed-robbery charges. The trial court had originally appointed Larry Ezell to represent Winbush. Respondent volunteered to assist Ezell as co-counsel, but was never appointed as Winbush’s counsel.

{¶ 4} After Winbush’s trial began in November 2004, the Franklin County Prosecutor’s Office disclosed the existence of fingerprint evidence that should have been disclosed to the defense, but had not been. The assistant prosecutor assigned to the case, Fred Mann, informed the court and defense counsel of the omission, and the judge declared a mistrial.

[109]*109{¶ 5} Respondent filed a motion to suppress the fingerprint evidence. At the hearing on that motion, respondent alleged that the assistant prosecutor was either lying or incompetent concerning the failure to disclose the fingerprint evidence.

{¶ 6} At the same hearing, the judge, Judge Jennifer Brunner, observed that Winbush was charged with first-, second-, and third-degree felonies and that Ezell, who was qualified only for appointment on fourth- and fifth-degree felonies, was ineligible to serve as appointed counsel. Discovering also that respondent was not on the appointed-counsel list for Franklin County, Judge Brunner vacated Ezell’s appointment and, over respondent’s objection, removed them both from the case. She then appointed Larry Thomas as counsel for Winbush.

{¶ 7} Before a hearing in the Winbush matter in February 2005, respondent accosted Thomas outside the courtroom. According to Thomas, respondent behaved in a threatening and intimidating manner.

{¶ 8} After Thomas was appointed, respondent, having entered into a retainer agreement to represent Winbush, filed a notice of appearance and substitution of counsel in each of Winbush’s cases. However, at a March 23, 2005 hearing, Judge Brunner struck respondent’s filing because it contained a certificate of service that falsely stated the date of mailing. Respondent did not appear at the hearing, and it appears that Judge Brunner had no knowledge of the retainer agreement.

{¶ 9} Following the trial court’s rejection of his notice of appearance and substitution of counsel, respondent appeared at a hearing on April 4, 2005, and disrupted the proceedings by insisting that he — rather than Thomas — was counsel for Winbush. Judge Brunner informed respondent that he was not entitled to represent Winbush because he had not entered a proper appearance, and she warned respondent that he would be jailed if he failed to sit down. Respondent then extended his wrists to a deputy sheriff for the purpose of being handcuffed and replied: “If that’s what you’ve got to do, Ma’am.”

{¶ 10} Judge Brunner found respondent in criminal contempt, and he was taken into custody and incarcerated. Respondent gave an interview from jail to the Columbus Dispatch during which he said, “Courtrooms get a little rough-and-tumble sometimes. A judge has to be able to accept that or pass the robe on to another judge.”

{¶ 11} Three days after that hearing, Judge Brunner held a hearing so that respondent could purge his contempt by assuring the court that he would no longer interfere in the Winbush proceedings. Judge Brunner had told the sheriffs office that she wanted respondent to be brought to court wearing the suit he had been wearing when he was taken into custody. Respondent later claimed that he did not receive this instruction, and he appeared before Judge [110]*110Brunner in his jail overalls. But rather than giving that explanation when Judge Brunner asked about his attire, respondent simply stated, “I’m very proud to be wearing the uniform that I am wearing presently, your Honor.”

{¶ 12} Nevertheless, Judge Brunner gave respondent an opportunity to purge himself of contempt. Respondent offered to apologize to the court, but only if he was allowed to represent Winbush. After a lengthy colloquy between respondent and Judge Brunner, respondent said, “This is an attempt to force this young man [Winbush] to make a plea for ten years to something that he didn’t do. And forgive me, but this is a result of collusion between yourself and the prosecutor’s office.” 1

{¶ 13} As a result of this remark, Judge Brunner again found respondent in criminal contempt and sentenced him to 40 days in jail. Respondent served his entire sentence and refused all opportunity to purge himself of the contempt.

{¶ 14} As to Count One, the board found that respondent had violated Gov.Bar R. IV(2) (requiring lawyers to maintain a respectful attitude toward the courts), DR 1-102(A)(5) (prohibitixxg conduct prejudicial to the administration of justice), 1-102(A)(6) (prohibiting conduct that adversely reflects on a lawyer’s fitness to practice law), 7-106(0(6) (prohibiting a lawyer from engaging in undignified or discourteous conduct that is degrading to a tribunal), and 8-102(B) (prohibiting a lawyer from knowingly making false accusations against a judge or other adjudicatory officer).

Count Two — Judge Reece Grievance

{¶ 15} The chax-ges in Count Two arise out of respondent’s repx-esentation of a criminal defendant in a trial in late January and early February 2007 before Judge Guy L. Reece II.

{¶ 16} During the trial, apparently in anticipation of a separation-of-witnesses order, respondent prepared subpoenas for two persons, to prevent them from attending the trial. When respondent’s strategy was brought to Judge Reece’s attention, the judge prohibited respondent from serving the subpoenas. When asked, respondent informed the judge that the subpoenas had been destroyed.

{¶ 17} Thereafter, Judge Reece reconsidered and agreed to allow respondent to subpoena the two persons. When the subpoenas were sexved, it was discovered that they were the very ones that respondent had told Judge Reece had been destroyed. When confronted with this issue, respondent claimed that he thought he had destroyed the subpoenas but found them shortly after he was told that he [111]*111could call the persons as witnesses. Rather than reissue new subpoenas, respondent explained, he served the original ones.

{¶ 18} Respondent also had repeatedly engaged in demonstrative and melodramatic reactions to adverse rulings and certain witnesses’ testimony. Despite admonitions from the trial court, respondent continued this conduct throughout the trial.

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Related

Bandaru v. State
2024 Ohio 1490 (Ohio Court of Appeals, 2024)
Columbus Bar Assn. v. Vogel
2009 Ohio 5938 (Ohio Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
881 N.E.2d 1244, 117 Ohio St. 3d 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbus-bar-assn-v-vogel-ohio-2008.