Disciplinary Counsel v. Scurry

874 N.E.2d 521, 115 Ohio St. 3d 201
CourtOhio Supreme Court
DecidedSeptember 20, 2007
DocketNo. 2007-0841
StatusPublished
Cited by6 cases

This text of 874 N.E.2d 521 (Disciplinary Counsel v. Scurry) 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. Scurry, 874 N.E.2d 521, 115 Ohio St. 3d 201 (Ohio 2007).

Opinion

Per Curiam.

{¶ 1} This court admitted respondent, Fred Louis Scurry of London, Ohio, Attorney Registration No. 0021256, to the practice of law in Ohio in 1972. On July 24, 1996, we suspended respondent from the practice of law for one year because he had neglected several clients’ cases. See Disciplinary Counsel v. Scurry (1996), 76 Ohio St.3d 95, 666 N.E.2d 1089. We stayed that suspension and placed respondent on probation with the condition that he treat the alcoholism that contributed to his misconduct. Respondent successfully completed his probation, and we reinstated his license on December 30, 1998. Disciplinary Counsel v. Scurry (1998), 84 Ohio St.3d 1224, 704 N.E.2d 254.

{¶ 2} The Board of Commissioners on Grievances and Discipline has recommended that we now suspend respondent’s license to practice for two years, and again stay the suspension on conditions with probation, based on findings that he consulted with clients and communicated with local law-enforcement, municipal-court, and library personnel while under the influence of alcohol. On review, we agree with the board that respondent violated the Code of Professional Responsibility and that a two-year, conditionally stayed suspension is appropriate.

{¶ 3} Relator, Disciplinary Counsel, charged respondent with four counts of professional misconduct, alleging in all counts that respondent had violated DR 1-102(A)(6) (engaging in conduct that adversely reflects on a lawyer’s fitness to practice law). In the fourth count, relator further alleged violations of DR 7-[202]*202106(C)(6) (prohibiting a lawyer from engaging in undignified or discourteous conduct degrading to a tribunal) and Gov.Bar R. IV(2) (requiring a lawyer to maintain a respectful attitude toward courts). A panel of the board heard the cause and, based on stipulations and other evidence, found the cited misconduct and recommended the two-year, conditionally stayed suspension. The board adopted the panel’s findings of misconduct and recommended sanction.

Misconduct

{¶ 4} All of the charges against respondent are the result of his alcoholism and the relapse he suffered in 2004 after years of sobriety. Beginning in October 2004, respondent repeatedly met with clients and attempted to manage his professional affairs while intoxicated. Respondent has admitted to all the charges.

{¶ 5} As to Counts I and II, respondent admitted that while inebriated, he had met with clients who were criminal defendants. During an appointment in October 2004, respondent confided in one of the clients that he was drunk. He concedes that his judgment was impaired at that time. At an appointment in November 2004 and another in January 2005, respondent also told a second client that he had been drinking and was drunk. Both defendants alerted the Madison County Municipal Court of respondent’s improprieties, and the court appointed new counsel.

{¶ 6} We agree with the board that respondent violated DR 1-102(A)(6) as to Counts I and II.

{¶ 7} As to Count III, respondent admitted that in late 2005, he telephoned the Madison County Sheriffs Office, the county law library, and the London Police Department while in a drunken state. In October 2005, he made accusations to the sheriff while repeating himself in slurred speech. In November 2005, he incoherently complained in slurred speech to a library employee about two local judges, making highly inappropriate remarks. In December 2005, he also made inappropriate remarks to a member of the police department, intermittently laughing, cursing, and insisting that several local officials “needed to go down.”

{¶ 8} We agree with the board that respondent violated DR 1-102(A)(6).

{¶ 9} As to Count IV, respondent admitted that while intoxicated, he had telephoned the Madison County Municipal Court repeatedly from September 2004 through February 2005. Respondent incoherently spoke with the court clerk, two of her deputies, and a student clerk at various times, pestering them about cases in which he had an interest, expounding on his personal affairs, and once reporting that he was “two-thirds drunk.” The court staff attempted to assist respondent despite his incapacitation.

[203]*203{¶ 10} In November or December 2004, respondent entered a Veterans Administration hospital for several days of treatment. Upon his release, respondent’s secretary obtained continuances of his cases for the week of December 13, 2004, so that he could recuperate. Respondent, however, called the municipal court clerk’s office again that week and, in slurred, incoherent speech, made racial and other inappropriate remarks. The next day, the municipal court judge removed respondent from the court-appointed-attorney list, and in January 2005, the judge removed respondent from all pending cases. Notwithstanding these protective measures, respondent continued to place drunken calls to municipal-court personnel, including a deputy clerk, during which he rambled on in expletives and incomplete sentences.

{¶ 11} We thus agree with the board’s finding that respondent violated DR 1-102(A)(6) and 7-106(0(6) and Gov.Bar R. IV(2).

Sanction

{¶ 12} When imposing sanctions for attorney misconduct, we consider the duties violated, the injury caused, the attorney’s mental state, and sanctions imposed in similar cases. Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424, 2002-Ohio-4743, 775 N.E.2d 818, ¶ 16. Before making a final determination, we also weigh evidence of the aggravating and mitigating factors listed in 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.”). Cleveland Bar Assn. v. Glatki (2000), 88 Ohio St.3d 381, 384, 726 N.E.2d 993.

{¶ 13} By meeting with clients and otherwise attempting to manage his professional affairs under the influence of alcohol, respondent violated duties to provide competent representation to clients and assist in the administration of justice. His behavior also embarrassed the legal profession. No one has attempted to quantify the cost of respondent’s misconduct, but he unmistakably placed clients and the judicial system at great risk.

{¶ 14} Respondent has a history of discipline, also attributable to his alcoholism, which is an aggravating factor under BCGD Proc.Reg. 10(B)(1)(a). Nevertheless, his alcoholism may also be a mitigating factor diminishing the intent of his misconduct, provided that respondent can prove that (1) he has been diagnosed with alcoholism by a qualified health-care professional, (2) the alcoholism contributed to cause the misconduct, (3) he has sustained a period of successful treatment, and (4) a qualified health-care professional has released him to return, under specified conditions if necessary, to the competent, ethical, and professional practice of law. BCGD Proc.Reg. 10(B)(2)(g)(l) through (iv). Respondent has satisfied these criteria.

[204]*204{¶ 15} As the board observed:

{¶ 16} “[Respondent has battled with alcoholism for many years. When respondent previously faced professional discipline, he sought treatment for his addiction and remained sober for over three years.

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Bluebook (online)
874 N.E.2d 521, 115 Ohio St. 3d 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-scurry-ohio-2007.