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Disciplinary Counsel v. O'Neill9/7/2004
imental to the integrity of the judiciary.
{ } Because the depth and scope of the charges in this case are so unusual, the fashioning of an appropriate sanction for this misconduct is not an easy task; however, respondent's pervasive conduct of misrepresentation in violation of DR 1-102(A)(4) by itself warrants an actual suspension from the practice of law for an appropriate period of time. See, e.g., Disciplinary Counsel v. Hutchins, 102 Ohio St.3d 97, 2004-Ohio-1805, 807 N.E.2d 303, 32-33; Disciplinary Counsel v. Fowerbaugh (1995), 74 Ohio St.3d 187, 658 N.E.2d 237, syllabus. The sanction of an actual suspension does not in any way limit the exercise of discretion that judges routinely and necessarily exercise in the performance of their duties. It merely reinforces what should already be manifest: judges should not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
{ } But in determining the appropriate length of the suspension and any attendant conditions, we must recognize that the primary purpose of disciplinary sanctions is not to punish the offender, but to protect the public. See Ohio State Bar Assn. v. Weaver (1975), 41 Ohio St.2d 97, 100, 70 O.O.2d 175, 322 N.E.2d 665; Hickey v. N. Dakota Dept. of Health & Consol. Laboratories (N.D.1995), 536 N.W.2d 370, 372.
{ } We are persuaded here that respondent's repeated volatile outbursts and unprovoked intemperate actions evidence a potential behavioral cause for her misconduct that would be best addressed by a mental health professional. While this possibility does not diminish the effects of respondent's misconduct, it perhaps explains what the board had "struggled throughout these hearings to understand."
{ } Taking all the foregoing facts and considerations into account, we find the board's recommendation of a two-year suspension to be inappropriate under the circumstances of this case and find a two-year suspension with one year stayed on conditions to be in order. Accordingly, respondent is hereby suspended from the practice of law for two years; however, the second year of this suspension is stayed on the following conditions: respondent shall (1) submit to a mental health evaluation, to be performed by a mental health professional of her choice, for a complete emotional, behavioral, and if necessary physical assessment; (2) fully cooperate in the mental health evaluation and comply with the recommended course of treatment, if any; and (3) if reinstated to the practice of law, submit to the supervision of a mentor to be appointed by relator upon reinstatement. Further, in addition to the requirements of Gov.Bar R. V(10), respondent shall, upon any application for reinstatement, provide a report from the evaluating mental health professional as to her current medical condition, including any reason for which she should not be readmitted to the practice of law.
{ } In so holding, we recognize the important role that judges play in society and their concomitant duty to act in an ethical manner:
{ } "Because they are so important to our society, judges must be competent and ethical, and their actions must foster respect for their decisions as well as for the judiciary as a whole. Given that they hold positions of considerable authority and are entrusted with a great deal of power and discretion, judges are expected to conduct themselves according to high standards of professional conduct. Indeed, it is often said that judges are subject to the highest standards of professional behavior. Judges are held to higher standards of integrity and ethical conduct than attorneys or other persons not invested with the public trust. * * *
{ } "Judges s
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