Disciplinary Counsel v. Curry

2006 Ohio 6517, 858 N.E.2d 392, 112 Ohio St. 3d 130
CourtOhio Supreme Court
DecidedDecember 27, 2006
Docket2006-1178
StatusPublished
Cited by6 cases

This text of 2006 Ohio 6517 (Disciplinary Counsel v. Curry) 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
Disciplinary Counsel v. Curry, 2006 Ohio 6517, 858 N.E.2d 392, 112 Ohio St. 3d 130 (Ohio 2006).

Opinions

Per Curiam.

{¶ 1} Respondent, Charles Eric Curry, last known address in Youngstown, Ohio, Attorney Registration No. 0062864, was admitted to the practice of law in Ohio in 1994. On November 8, 2004, we suspended respondent’s license to practice for an interim period, pursuant to Gov.Bar R. V(5)(A)(4), upon notice that he had been adjudicated in default of a support order for one of his children. See In re Curry, 103 Ohio St.3d 1521, 2004-Ohio-5853, 817 N.E.2d 405. On July 11, 2005, we issued a second interim suspension order, also pursuant to Gov.Bar R. V(5)(A)(4), upon notice that respondent had been adjudicated in default of a support order for a second child. See In re Curry, 106 Ohio St.3d 1454, 2005-Ohio-3493, 830 N.E.2d 1163.

{¶ 2} On August 8, 2005, relator, Disciplinary Counsel, charged respondent with two counts of professional misconduct, both involving his failure to pay child support as ordered and his failure to respond to inquiries during relator’s investigation of this misconduct. Relator attempted to serve respondent with the complaint by certified mail at the residence and business addresses on file for him with the Attorney Registration Section. Respondent had earlier signed a certified receipt for a letter of inquiry at one of these addresses. These attempts failed, and relator perfected service on respondent through the Clerk of the Supreme Court, who is deemed the agent for service of notice for nonresident attorneys and those who have concealed their whereabouts. Gov.Bar R. V(11)(B).

{¶ 3} Respondent did not answer the complaint, and relator moved for default pursuant to Gov.Bar R. V(6)(F). A master commissioner appointed by the Commissioners on Grievances and Discipline granted the motion, making findings of misconduct and recommending a sanction. The board adopted the master commissioner’s findings of fact, conclusions of law, and recommendation.

[131]*131Misconduct

{¶ 4} Relator’s complaint charged that respondent’s failure to comply with the two support orders violated DR 1-102(A)(6) (prohibiting conduct that adversely reflects on a lawyer’s fitness to practice law) and that he had also violated Gov.Bar R. V(4)(G) (requiring a lawyer to cooperate in a disciplinary investigation).

{¶ 5} As to Count I, evidence established that on September 15, 2004, the Mahoning County Child Support Enforcement Agency (“MCCSEA”) issued a Notice to Obligor of Default and Potential Action regarding respondent’s failure to pay child support for his child. The notice certified an arrearage of $33,337.67 and established a current child-support obligation of $465 per month.

{¶ 6} Respondent has not submitted to the board (1) a certified copy of a judgment entry reversing the determination of default as to his child-support obligation, (2) a notice from a court or child-support enforcement agency that respondent is no longer in default of the child-support order, or (3) a notice from a court or child-support enforcement agency that respondent is in compliance with a withholding or deduction notice to collect current support or any arrearage due under the child-support order that was in default. Gov.Bar R. V(5)(D)(l)(b) and (c). The board thus concluded that respondent remained in default of his child-support obligation and that he had violated DR 1-102(A)(6).

{¶ 7} On November 23, 2004, following up on our interim suspension order of November 8, 2004, relator sent a certified letter to respondent’s business address, as on file with the Attorney Registration Section, inquiring about his default on the child-support payments. Respondent received the letter but did not reply. On January 6, 2005, relator’s counsel spoke with respondent regarding his failure to respond, and respondent promised to cooperate and respond to the letter of inquiry within two weeks. He did not respond. On January 25, 2005, relator sent another certified letter urging respondent’s reply to his residence address as on file with the Attorney Registration Section. Respondent received the letter on January 28, 2005, but did not reply.

{¶ 8} The board found that respondent had thereby violated Gov.Bar R. (V)(4)(G).

{¶ 9} As to Count II, evidence established that on March 9, 2005, MCCSEA issued a Notice to Obligor of Default and Potential Action regarding respondent’s failure to pay child support for a second child. The notice certified an arrearage of $55,447.31 and established a current child-support obligation of $678.89 per month as of October 17, 2003.

{¶ 10} Respondent has not submitted to the board (1) a certified copy of a judgment entry reversing the determination of default as to his child-support [132]*132obligation, (2) a notice from a court or child-support enforcement agency that respondent is no longer in default of the child-support order, or (3) a notice from a court or child-support enforcement agency that respondent is in compliance with a withholding or deduction notice to collect current support or any arrearage due under the child-support order that was in default. Gov.Bar R. V(5)(D)(l)(b) and (c). The board thus concluded that respondent remained in default of his child-support obligation and that he had violated DR 1-102(A)(6).

{¶ 11} On February 23, 2005, following up on our interim suspension order of July 11, 2005, relator sent a certified letter to respondent’s residence address inquiring about his default on this child-support order. Respondent received the letter but did not reply. On April 5, 2005, relator sent a second certified letter of inquiry to respondent’s residence address. Respondent received the letter but did not reply.

{¶ 12} The board found that respondent had thereby violated Gov.Bar R. V(4)(G).

Recommended Sanction

{¶ 13} In recommending a sanction for respondent’s misconduct, the board weighed the aggravating and mitigating factors of his case. See Section 10 of the Rules and Regulations Governing Procedure on Complaints and Hearings Before the Board of Commissioners on Grievances and Discipline (“BCGD Proc.Reg.”).

{¶ 14} In aggravation, the board found that respondent had acted with a dishonest or selfish motive, that he had engaged in more than one offense, representing a pattern of misconduct, and that he had not properly participated in the disciplinary process. BCGD Proc.Reg. 10(B)(1)(b), (c), (d), and (e). Moreover, respondent failed to acknowledge the wrongful nature of his conduct, had harmed vulnerable victims, and had not made restitution. BCGD Proc.Reg. 10(B)(1)(g), (h), and (i). The board further noted that respondent’s license had also been under suspension since December 2, 2005, for his failure to register with the Attorney Registration Section for the biennium commencing September 1, 2005. See In re Attorney Registration Suspension, 107 Ohio St.3d 1431, 2005-Ohio-6408, 838 N.E.2d 671.

{¶ 15} In mitigation, the board noted that respondent had no record of disciplinary measures for having violated the Disciplinary Rules in the course of his practice and representing clients. BCGD Proc.Reg. 10(B)(2)(a). Also in mitigation, the board learned that respondent was age 40 in 1994 when he was admitted to the Ohio bar, and that he had spent the preceding approximately ten years pursuing his law degree while working in other employment. Respondent was apparently able to keep up with his child-support obligations during this period but had difficulty doing so once he entered the legal field.

[133]

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Disciplinary Counsel v. Curry
2006 Ohio 6517 (Ohio Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
2006 Ohio 6517, 858 N.E.2d 392, 112 Ohio St. 3d 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-curry-ohio-2006.