Disciplinary Counsel v. Rusu.

2019 Ohio 1201, 128 N.E.3d 175, 156 Ohio St. 3d 389
CourtOhio Supreme Court
DecidedApril 3, 2019
Docket2018-1436
StatusPublished

This text of 2019 Ohio 1201 (Disciplinary Counsel v. Rusu.) 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. Rusu., 2019 Ohio 1201, 128 N.E.3d 175, 156 Ohio St. 3d 389 (Ohio 2019).

Opinion

Per Curiam.

*389 {¶ 1} Respondent, Judge Robert Nathaniel Rusu Jr., of Youngstown, Ohio, Attorney Registration No. 0062431, was admitted to the practice of law in Ohio in 1993. He was appointed to the Mahoning County Probate Court in July 2014 and elected to a full term on that court in November 2014.

{¶ 2} Relator, disciplinary counsel, filed a two-count amended complaint with the Board of Professional Conduct on May 16, 2018. That complaint alleged that among other things, Rusu engaged in professional misconduct by presiding over numerous cases in which he had previously served as attorney of record and by failing to timely notify multiple clients that he was terminating his representation following his appointment to the bench. The parties entered into stipulations of fact, agreed that Rusu had committed two of the alleged rule violations, and agreed to dismiss a third. Relator presented evidence regarding *176 two other alleged violations at a hearing before a panel of the board.

{¶ 3} The panel made findings of fact and agreed that Rusu's conduct violated two rules of the Code of Judicial Conduct that required him to disqualify himself in any proceeding in which his impartiality might reasonably be questioned, to avoid impropriety and the appearance of impropriety, and to act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary. The panel also found that Rusu failed to take reasonable steps to protect his clients' interests after terminating his representation. The panel unanimously dismissed two remaining alleged violations. On those findings and in the presence of one aggravating factor and seven mitigating factors, the panel recommended that Rusu be publicly reprimanded for his misconduct.

{¶ 4} The board issued a report adopting the panel's findings and recommended sanction, and neither party has objected to that report. Based on our *390 independent review of the record, we adopt the board's findings and publicly reprimand Rusu for his misconduct.

Misconduct

Count One: Presiding over Cases in which Judge Rusu Previously Served as an Attorney of Record

{¶ 5} Beginning in August 2012, Rusu represented Beth Ann Malone in her capacity as the executor of her aunt's probate estate. After the Mahoning County Probate Court approved the inventory and appraisal that Rusu had filed on Malone's behalf, Rusu assisted Malone in distributing the estate assets. As the remainder beneficiary, Malone's mother was to receive two timeshares and a cash distribution of $3,851.53. Malone's mother disclaimed the timeshares, and they passed to Malone. After handling the paperwork to accomplish those transfers, Rusu prepared the final fiduciary's account.

{¶ 6} In early January 2014, Malone signed the final accounting and paid Rusu's fees, but she informed Rusu's paralegal that she did not have enough checks to issue the final distribution to her mother. Malone stated that she would obtain additional checks and would return with a check for her mother. In late May 2014, Malone informed Rusu's paralegal that she had used the estate funds for her own benefit because she believed that her mother had disclaimed her entire interest in the estate. The paralegal informed Malone that her mother had disclaimed only her interest in the timeshares and that Malone would need to replace the money she had taken from the estate checking account. The following month, Rusu sent Malone a letter advising her to reimburse the estate funds immediately, but Malone did not do so.

{¶ 7} In July 2014, Rusu wrote a letter to Malone informing her that he would no longer act as her counsel due to his appointment to the bench but that the other attorneys at his former firm would continue to represent her. He successfully moved the court to permit the substitution of his former associate, Charlene Burke, as Malone's counsel. But Rusu did not report Malone's misuse of funds to the court even though the estate was insolvent and the fiduciary's account was delinquent before he took the bench.

{¶ 8} In February 2016, a deputy clerk issued citations to Malone and Burke ordering them to appear and show cause why they had failed to timely file a status report regarding the estate. After a hearing, a magistrate issued a decision finding that no fiduciary's account had been filed and that Malone did not have the funds to make the final distribution to her mother.

*177 The magistrate recommended that the court order Burke to file an application for delayed distribution on behalf of Malone with a proposed promissory note and mortgage on Malone's property. On April 5, 2016, Judge Rusu adopted the magistrate's decision in its *391 entirety. In addition, Rusu later (1) adopted a magistrate's decision finding that Malone had reached a settlement agreement to compensate her mother, (2) issued orders withdrawing the citations for Malone and Burke to appear and show cause, and (3) issued an order rejecting the fiduciary's final account because no application for attorney fees had been filed with the court. A visiting judge presided over the remaining proceedings in the case.

{¶ 9} At his disciplinary hearing, Rusu admitted that when the case came before him as a probate judge, he was aware that he had previously represented Malone as executor of the estate. He explained that he did not initially believe that his conduct would create an appearance of impropriety, however, because all the parties were represented by counsel, had agreed to the resolution of the case, and had never formally appeared before him.

{¶ 10} Relator and Rusu have identified approximately 170 additional cases in which Rusu served as counsel of record and then took some action after becoming a judge. More than 120 of those actions involved nothing more than a deputy clerk issuing form letters and notices bearing Rusu's signature or stamping Rusu's signature to accountings after the deputy clerk had reviewed them and had confirmed that they were complete and correct. In other cases, Rusu waived certain annual reporting requirements when conditions were not subject to change over time, approved settlement distributions that were agreed upon or that were consistent with previous distributions in the same case, appointed fiduciaries pursuant to a decedent's will or the agreement of all interested parties, and approved guardian or attorney fees (including attorney fees for his former firm) in accordance with an established fee schedule.

{¶ 11} Three of the identified cases involved Judge Rusu's approval of a magistrate's decision.

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Related

Disciplinary Counsel v. Oldfield
2014 Ohio 2963 (Ohio Supreme Court, 2014)
Disciplinary Counsel v. Russo
2010 Ohio 605 (Ohio Supreme Court, 2010)
Trumbull County Bar Association v. Masek
2016 Ohio 3350 (Ohio Supreme Court, 2016)
Disciplinary Counsel v. Elum
2016 Ohio 8256 (Ohio Supreme Court, 2016)
Office of Disciplinary Counsel v. Medley
756 N.E.2d 104 (Ohio Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
2019 Ohio 1201, 128 N.E.3d 175, 156 Ohio St. 3d 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-rusu-ohio-2019.