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Supreme Court disciplines two attorneys
The Supreme Court today announced decisions revoking or suspending the Ohio law licenses of two attorneys practicing in Cleveland.
The court permanently disbarred Debra J. Dixon and indefinitely suspended the license of Eric N. Richardson.
Disbarred
2001-1631. Cleveland Bar Assn. v. Dixon, 2002-Ohio-2490.
On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 00-85.
Debra J. Dixon is permanently disbarred.
Moyer, C.J., Pfeifer, Cook and Lundberg Stratton, JJ., concur.
Douglas, dissents.
Resnick and F.E. Sweeney, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2002/2002-Ohio-2490.pdf
Debra J. Dixon, case no. 2001-1631. By a 4-3 vote, the court permanently revoked Dixon's law license for "misconduct comprising 15 distinct violations of [Ohio's] Disciplinary Rules and a violation of her duty to cooperate in the investigation" into complaints against her.
The opinion by Justice Deborah L. Cook rejects a recommendation for a lesser sanction filed by disciplinary commissioners last fall. The Board of Commissioners on Grievances and Discipline filed a report last September recommending an indefinite suspension of Dixon's license.
Dixon came under investigation when a probate court magistrate contacted the Cleveland Bar Association after Dixon's client told the magistrate she was concerned that Dixon was pilfering money from her husband's estate.
Investigators later discovered that Dixon withdrew more than $250,000 in estate funds for her own use and wrote checks payable to her relatives on the estate's account. In one instance, Dixon loaned her brother $110,000 from the estate so he could buy real estate.
The Supreme Court rejected most of the mitigating factors Dixon raised in her defense, including a mental illness that Dixon said was a "significant contributing factor" to her misconduct.
"We have independently reviewed the testimony and written report of the clinical and forensic psychologist that Dixon presented on her behalf. Both contain evidence of unfortunate circumstances in Dixon's history that have resulted in mainly personality and interpersonal relationship difficulties."
"Neither, however, contains a sufficiently compelling causal link between Dixon's stated psychological issues and her misappropriation of over $250,000," Justice Cook wrote.
The court noted that "the strictest discipline" is required in misappropriation cases to retain the public's trust in the judicial system. "Dixon's mitigating circumstances inadequately offset the more compelling interest of protecting the public," Justice Cook wrote.
Contacts
Virginia Brown, 216.830.6830, and Eileen M. Joyce, 216.687.1244, for the Cleveland Bar Association.
Niki Z. Schwartz, 216.696.6122, Charles W. Kettlewell, 614.436.2750, for Representing Debra Dixon.
Suspended
2001-2220. Disciplinary Counsel v. Richardson, 2002-Ohio-2484.
On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 01-31.
Eric N. Richardson is indefinitely suspended from the practice of law.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2002/2002-Ohio-2484.pdf
Eric N. Richardson, case no. 2001-2220. The court voted 7-0 to suspend Richardson's license indefinitely, citing him for six violations of the code of professional conduct for Ohio attorneys and a "complete failure to comply with our rules regarding cooperation for disciplinary investigations."
The court's per curiam opinion also notes that Richardson fell short of his continuing legal education requirements and violated a rule requiring attorneys practicing law in Ohio to register with the Supreme Court and pay a fee.
Richardson cannot petition the court to have his license reinstated until June 12, 2004.
Contacts
Jonathan E. Coughlan, 614.461.0256 or 800.589.5256, for the Office of Disciplinary Counsel.
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