Disciplinary Counsel v. Hoskins

891 N.E.2d 324, 119 Ohio St. 3d 17
CourtOhio Supreme Court
DecidedJuly 3, 2008
DocketNo. 2008-0352
StatusPublished
Cited by11 cases

This text of 891 N.E.2d 324 (Disciplinary Counsel v. Hoskins) 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. Hoskins, 891 N.E.2d 324, 119 Ohio St. 3d 17 (Ohio 2008).

Opinion

Per Curiam.

{¶ 1} Respondent, Jeffrey Jay Hoskins of Hillsboro, Ohio, Attorney Registration No. 0017133, is admitted to the practice of law in Ohio and has served as judge of the Highland County Court of Common Pleas since February 2003.

{¶ 2} The Board of Commissioners on Grievances and Discipline has recommended that we permanently disbar respondent, based on findings that he committed numerous improper acts incompatible with his duties as a judge and a lawyer, including attempting to conceal a possible conflict of interest and to benefit secretly from the illegally acquired funds of a known felon. Respondent objects to the board’s recommendation, arguing that some findings of misconduct are not supported by the requisite clear and convincing evidence and that the recommended sanction is too harsh. We overrule the objections, agree that respondent violated the Code of Judicial Conduct and the Code of Professional Responsibility as found by the board, and accept the recommendation to disbar.

{¶ 3} Relator, Disciplinary Counsel, charged respondent in a multiple-count complaint with repeatedly failing to conform to ethical standards for judges and attorneys both in and out of the courtroom. A three-member panel of the board heard the cause, including the parties’ extensive stipulations, and made findings of fact and conclusions of law, unanimously recommending permanent disbarment. The board adopted all the findings of misconduct and the recommendation.

I. Misconduct

{¶ 4} The panel and board found that respondent had violated Canons and Disciplinary Rules in connection with eight of the nine counts of the complaint. [18]*18The panel found also that the ninth count, alleging various misstatements in respondent’s application for a federal judgeship, was also supported by the evidence. All of the remaining counts raise serious charges, but two counts implicate especially unconscionable conduct for a member of the judiciary. We begin our review with respondent’s most egregious acts and then take the counts in order.

A. Counts IV and VII: Respondent’s Attempt to Conceal a Possible Conflict of Interest and to Benefit from Illegally Acquired Funds

{¶ 5} In April 2005, respondent filed articles of incorporation to form Three Irish Sons, Inc., naming himself and his wife as directors. Respondent also served as statutory agent for the corporation, and his wife served as president. The same month, Three Irish Sons bought the “Fifth Third” building in downtown Hillsboro, planning to lease office space to the Adult Parole Authority (“APA”).

1. Respondent’s Reaction to Suggestions of Impropriety

{¶ 6} Three Irish Sons, with respondent and his wife, each individually, borrowed $253,200, the purchase price for the Fifth Third building, from NCB Bank. As security for the bank note, the building, appraised at $295,000, was mortgaged along with other property that respondent held jointly with his wife. The note required payment of approximately $261,800 on demand or by October 21, 2005, at the latest.

{¶ 7} Respondent participated in purchasing the Fifth Third building, part of which the APA eventually did lease, even though he is the only common pleas judge in Highland County and regularly presides over criminal cases in which APA representatives appear as witnesses. Respondent did not immediately realize that the purchase and lease could lead to questions about his impartiality toward APA sentencing recommendations, but he became concerned when he was warned that these transactions might violate R.C. 2921.42 (having an unlawful interest in a public contract). Ultimately, both possible improprieties prompted respondent to take steps to divest himself of at least the appearance of ownership of, albeit not his control over, the Fifth Third building.

{¶ 8} Beginning in August 2005, respondent set out to reduce the perception of his dominion over the Fifth Third building. First, his wife, acting in her capacity as president of Three Irish Sons, transferred the corporation to herself by issuing 500 shares of stock with no par value in her name. Second, respondent’s wife, again acting as president, executed a close-corporation agreement, pursuant to which she remained president but also became the sole director, the corporate secretary, and the corporate treasurer. Third, respondent resigned as statutory [19]*19agent. Fourth, respondent’s wife leased to herself individually the building space that APA did not want for a term of 20 years with an annual rent of $1. Fifth, and most significantly, respondent’s wife sold all of the Three Irish Sons stock to Gordon Yeullig, respondent’s close friend, in return for Yeullig’s assumption of $200,000 on the NCB bank note. Last, respondent asked NCB bank to refinance the note to reflect the price Yeullig had agreed to pay for the stock. The bank refused to split the indebtedness.

{¶ 9} On October 21, 2005, respondent, his wife, and Three Irish Sons defaulted on the NCB Bank note. Respondent and his wife later signed a new note for $267,800. To secure this note, respondent, his wife, and Three Irish Sons again mortgaged the Fifth Third building and other property owned by respondent and his wife. This time, however, Yeullig signed the mortgage as president of Three Irish Sons to pledge the Fifth Third building as collateral.

2. Respondent Assumes De Facto Authority over the Fifth Third Building

{¶ 10} Despite the divestiture of his ownership on paper, respondent nevertheless continued to exercise control over the Fifth Third building, manifesting a de facto ownership interest in the property. Respondent, not Yeullig, would eventually negotiate to sell the building to David Bliss, a felon who respondent believed had access to funds acquired in a credit-card scam for which Bliss had been convicted. Respondent tried to sell Bliss the building for $890,000, $595,000 more than the bank’s appraised value, hoping thereby to (1) profit from the illegally obtained proceeds and solve his own financial problems and (2) recoup $25,000 in loans that he had made to either Bliss or Bliss’s wife. He planned to structure the purchase in such a way as to evade criminal charges for money laundering.

{¶ 11} We know that respondent engaged in these negotiations on his own because Bliss wore a concealed device to record their conversations in connection with a criminal investigation of respondent’s activities. Most disturbing of these transcribed conversations is a lengthy colloquy on December 13, 2005, in which respondent pitched his plan for Bliss’s purchase of the Fifth Third budding through a transfer of Three Irish Sons stock. In explaining how to structure the transaction, respondent made a number of admissions, including the fact that he had initially transferred the stock to his good friend Yeullig to conceal the conflict between his duty to impartially sentence criminals and his financial interest in the lease agreement with the APA.

{¶ 12} The December 13 conversation took place while respondent and Bliss were parked across the street from the Fifth Third building. Respondent advised Bliss on that day that Bliss could now legally enjoy the proceeds of his credit-card fraud because the statute of limitations on those criminal charges had passed. Respondent then told Bliss “step-by-step” how to get his money from [20]*20England to the United States, warning that they had to be “very careful” to avoid any suspicion of money laundering.

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Bluebook (online)
891 N.E.2d 324, 119 Ohio St. 3d 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-hoskins-ohio-2008.