Ohio Supreme Court, 1991

Toledo Bar Ass'n v. Westmeyer

Ohio Supreme Court · Decided March 6, 1991 · Brown, Cacioppo, Douglas, Holmes, Moyer, Ninth, Resnick, Sweeney, Wright

58 Ohio St. 3d 38; 567 N.E.2d 1016; 1991 Ohio LEXIS 404

Cases that cite this one

7 later published cases cite this decision.

Office of Disciplinary Counsel v. Mazer (Ohio 1999)
Office of Disciplinary Counsel v. Brown (Ohio 1999)
Disciplinary Counsel v. Brown (Ohio 1999)
Disciplinary Counsel v. Mazer (Ohio 1999)
Toledo Bar Ass'n v. Westmeyer (Ohio 1992)
Toledo Bar Ass'n v. Westmeyer (Ohio 1991)
Columbus Bar Assn. v. Armengau (Ohio 2026)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

We adopt the findings of fact and recommendations of the board. Additionally, we find that the panel did not err in refusing to admit the results of the polygraph examinations. Relator did not agree to their admission as required by Souel, supra. See, also, State v. Jamison (1990), 49 Ohio St. 3d 182, 190, 552 *40N.E. 2d 180, 188. Moreover, we neither ordered the evidence admitted nor have we overruled Souel. We also reject respondent’s contention that the panel and board inappropriately considered respondent’s prior misconduct reported at Toledo Bar Assn. v. Westmeyer (1988), 35 Ohio St. 3d 261, 520 N.E. 2d 223. The prior misconduct was considered only in relation to consideration of an appropriate sanction. Moreover, the panel and board only recommend what this court’s order should be. Therefore, we conclude that respondent’s prior misconduct, based on similar charges, is relevant to the choice of sanction.

Respondent is hereby suspended from the practice of law in Ohio for one year. Costs, taxed to respondent.

Judgment accordingly.

Moyer, C.J., Holmes, Wright, H. Brown and Cacioppo, JJ., concur. Sweeney and Douglas, JJ., dissent. Mary Cacioppo, J., of the Ninth Appellate District, sitting for Resnick, J.

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