Disciplinary Counsel v. Goldblatt

888 N.E.2d 1091, 118 Ohio St. 3d 310
CourtOhio Supreme Court
DecidedMay 29, 2008
DocketNo. 2007-1961
StatusPublished
Cited by13 cases

This text of 888 N.E.2d 1091 (Disciplinary Counsel v. Goldblatt) 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. Goldblatt, 888 N.E.2d 1091, 118 Ohio St. 3d 310 (Ohio 2008).

Opinion

Per Curiam.

{¶ 1} Respondent, Jay Alan Goldblatt of Cleveland, Ohio, Attorney Registration No. 0014263, was admitted to the practice of law in Ohio in 1983. We suspended respondent’s license to practice on January 27, 2006, on an interim basis pursuant to Gov.Bar R. V(5)(A)(4), upon receiving notice that he had been convicted of two felonies. See In re Goldblatt, 108 Ohio St.3d 1422, 2006-Ohio-289, 841 N.E.2d 785.

{¶ 2} The Board of Commissioners on Grievances and Discipline recommends that we now indefinitely suspend respondent’s license to practice, based on findings that he attempted to arrange a sexual encounter with an underage girl. We agree with the board that respondent’s illicit conduct, which led to his two felony convictions, violated the Code of Professional Responsibility. We also agree that an indefinite suspension is appropriate.

{¶ 3} Relator, Disciplinary Counsel, charged respondent with Disciplinary Rule violations, including DR 1-102(A)(3) (prohibiting a lawyer from engaging in illegal conduct involving moral turpitude) and 1-102(A)(6) (prohibiting a lawyer from engaging in conduct that adversely reflects on his fitness to practice law). A panel of the board heard the case, including the parties’ stipulations to the cited misconduct, made findings of misconduct, and recommended an indefinite suspension. The board adopted the panel’s findings and recommended sanction.

{¶ 4} Respondent filed objections but did not argue against the board’s findings of misconduct or recommendation. He instead stated that he was filing the objections “solely for the purpose of securing a hearing to make himself available to this Court, through his counsel, to answer any questions of the Court.” At oral argument, however, counsel urged us to credit respondent for his interim suspension, arguing that he had already been barred from practice for two years, due in part to the stay of the disciplinary proceedings during respondent’s [311]*311unsuccessful appeal of his conviction. Respondent insisted that the resulting delay in effect penalized him for exercising his right to appeal.

{¶ 5} Relator did not voice an objection to respondent’s unexpected assertions at oral argument, but aptly pointed out that Gov.Bar R. V(5)(C) precludes a disciplinary hearing until all appeals from a conviction are concluded. But we need not examine the validity of this rule. Because respondent did not raise the issue of interim-suspension credit in his written objections, his request for interim-suspension credit is not properly before us.

Misconduct

{¶ 6} In June and July 2004, respondent tried through a series of three telephone conversations to arrange a sexual encounter with a minor. He unwittingly made the arrangements with an undercover FBI agent.

{¶ 7} In the fall of 2005, the Cuyahoga County Common Pleas Court found respondent guilty of compelling prostitution in violation of R.C. 2907.21, a felony of the third degree, and possessing criminal tools in violation of R.C. 2923.24, a felony of the fifth degree. The court sentenced respondent to five years of community-control sanctions, which included submitting to periodic alcohol and drug testing, remaining in psychotherapy and attending 12-step meetings with periodic reports to the court by the therapist, and applying for inactive status with this court’s Attorney Registration Section. The common pleas court further prohibited respondent from possessing pictures of naked children and ordered periodic inspections of his personal computer to help ensure that he did not violate the order. Respondent is now classified as a sex offender and is subject to applicable registration and other restrictions.

{¶ 8} In accordance with his sentence, respondent immediately applied for inactive status. In February 2006, however, the common pleas court found respondent in violation of his community-control sanctions after a random inspection of his personal computer uncovered 11 images of children in the nude. Respondent served 42 days in jail as a result.

{¶ 9} As the panel and board found, respondent’s illicit acts in violation of R.C. 2907.21 and 2923.24 constitute violations of DR 1 — 102(A)(3) and 1-102(A)(6).

Sanction

{¶ 10} In determining the appropriate sanction to impose for attorney misconduct, “we consider the duties violated, the actual or potential injury caused, the attorney’s mental state, the existence of aggravating or mitigating circumstances, and sanctions imposed in similar cases.” Stark Cty. Bar Assn. v. Ake, 111 Ohio St.3d 266, 2006-Ohio-5704, 855 N.E.2d 1206, ¶ 44. We weigh the aggravating and mitigating factors to decide whether circumstances warrant a more lenient or [312]*312harsher disposition. See Section 10(B) of the Rules and Regulations Governing Procedure on Complaints and Hearings Before the Board of Commissioners on Grievances and Discipline (“BCGD Proc.Reg.”). Because each disciplinary case involves unique facts and circumstances, we are not limited to the factors specified in the rule and may take into account “all relevant factors” in determining which sanction to impose. BCGD Proc.Reg. 10(B).

{¶ 11} Respondent concedes that he violated the duties to the public and the legal profession that are set forth in DR 1-102(A)(3) and (6). His misconduct risked unspeakable harm. Respondent professed to recognize the reprehensible nature of his behavior; however, he also offered face-saving rationalizations to the hearing panel and tried to downplay his crimes.

{¶ 12} Recordings of telephone conversations unmistakably established that respondent agreed to meet an undercover agent at a local park because the agent promised to procure a young girl. In those conversations, respondent asked the agent for “[something young,” a girl of about “nine or ten or eleven,” and “the younger the better.” Respondent then agreed to pay $200 to do as much sexually with the child as that amount would buy. After making these arrangements by phone, respondent left his office, went to his bank and withdrew $200, and drove to the park to meet the pimp and the girl.

{¶ 13} Yet during the hearing, respondent insisted that he went to the park just “to talk to a pimp about the possibility of hooking up with a young girl for sex.” Implausibly suggesting that he had had only an interest in the “possibility” of a sexual encounter and did not intend to actually meet with a young girl, respondent testified:

{¶ 14} “I didn’t know if I was capable of meeting with a young girl. I certainly was open to the possibility. I certainly talked about it, I haggled with the guy. I mean, I was willing to pursue this. Whether I would have gone through with it, I don’t know.
{¶ 15} “ * * * But I’m just making that distinction because I always knew that I had the opportunity to walk away. And I pray that I would have — that if this had been real, that I would have used that opportunity and walked away.”

{¶ 16} Respondent also lied about the circumstances underlying his convictions. In preparation for his hearing with the panel, respondent consulted a psychiatrist to obtain an independent expert opinion on his condition. He told Dr. Stephen Levine, a specialist in patients with sexual difficulties, that he had attempted to arrange a sexual encounter with a teenager. Only during questioning by the hearing panel did Dr. Levine learn that respondent had actually attempted to procure a sexual encounter with a girl as young as nine.

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Cite This Page — Counsel Stack

Bluebook (online)
888 N.E.2d 1091, 118 Ohio St. 3d 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-goldblatt-ohio-2008.