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Office of Disciplinary Counsel v. Furth9/19/2001
Attorneys at law - Misconduct - Permanent disbarrment - Myriad violations of Disciplinary Rules forming a distinct pattern of disregard for the courts, clients, and other professionals.
Submitted April 3, 2001
On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 99-03.
On February 1, 1999, relator, Office of Disciplinary Counsel, filed a two-count complaint charging respondent, Thomas Craig Furth of Chagrin Falls, Ohio, Attorney Registration No. 0033870, with violating numerous Disciplinary Rules. On September 9, 1999, relator filed an amended, eleven-count complaint alleging additional Disciplinary Rule violations. Respondent answered through counsel and thereafter stipulated to a number of facts and exhibits. The matter was heard by a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court ("board").
Counts 1 through 5 concern respondent's relationship with Scott Johnson. On March 24, 1998, in Jonesboro, Arkansas, Mitchell Johnson, then age thirteen, and Andrew Golden, then age eleven, were involved in a shooting at Westside Middle School that left five people dead and ten others wounded. The father of Mitchell Johnson is Scott Johnson, who lives in Grand Meadow, Minnesota. Mitchell Johnson lives with Mr. Johnson's ex-wife in Jonesboro, Arkansas.
The shooting quickly became the focus of national and worldwide media attention. Immediately upon learning of his son's involvement, Mr. Johnson traveled to Jonesboro. He described the media as being in a "feeding frenzy" and that he was repeatedly pressed for interviews.
Count 1 concerns respondent's alleged improper solicitation and false claims of specialization and expertise. The panel found that respondent's employee, Leo Tomeu, began calling Mr. Johnson to solicit permission for respondent to be counsel of record for Mitchell Johnson. Mr. Johnson initially indicated that he was not interested in representation, but after Tomeu asked if he could fax some information regarding respondent, Mr. Johnson acquiesced.
On March 27, 1998, respondent sent a letter to the public defenders assigned to represent Mitchell Johnson and Andrew Golden. In the letter, respondent stated that his "entire area of specialty and expertise is the representation of children and young adults in criminal matters," and that " ou will not find anyone in the United States that is more of an expert in this regard than I am."
On or about March 28, 1998, respondent faxed a letter to Mr. Johnson, specifically writing, " y entire specialty is representing children and young adults in (often major) criminal matters" (emphasis sic), that "I am the very best at what I do," and that " his is what I do, almost exclusively, and in numerous locations around the country." Shortly thereafter, Mr. Johnson agreed to retain respondent to represent Mitchell Johnson.
On April 1, 1998, respondent appeared in the Chancery Court of Craighead County, Arkansas, Western District, Juvenile Division, for the purpose of gaining admission pro hac vice to represent Mitchell Johnson in charges relating to the shooting. At the hearing, respondent stated that he specialized in juvenile law, specifically stating to the judge, " y entire specialty is in cases involving children."
Subsequently, respondent and Mr. Johnson appeared on several national television shows. Respondent testified that Mr. Johnson insisted on making media appearances, while Mr. Johnson testified that it was at respondent's insistence that Mr. Johnson make the television appearances. As a result of these appearances, on April 15, 1998, the jud
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