Disciplinary Counsel v. Phillips

108 Ohio St. 3d 331 (Ohio 2006) · Supreme Court of Ohio · March 22, 2006

Summary

The Ohio Supreme Court permanently disbarred Aaron LaBracc Phillips after finding that, while serving as a county prosecutor, he accepted a bribe, attempted to influence criminal cases, and committed related felony offenses. The court concluded that the seriousness of his misconduct and its harm to public confidence outweighed mitigating factors, including substance-abuse treatment and cooperation with disciplinary proceedings.

Holdings

  1. Respondent violated all of the disciplinary provisions identified in the board's report, including rules prohibiting illegal conduct involving moral turpitude, dishonesty, conduct prejudicial to the administration of justice, false statements, other illegal conduct, improper communications with represented parties, accepting bribes as a public official, and representing an ability to improperly influence a tribunal or public official.
  2. Permanent disbarment is the appropriate sanction for respondent's egregious misconduct committed while serving as a prosecutor and abusing a position of public trust.

Questions Presented

  1. Whether respondent violated the charged provisions of Ohio's Code of Professional Responsibility.
  2. Whether permanent disbarment was the appropriate sanction despite respondent's mitigating evidence, including chemical dependency, cooperation, acceptance of responsibility, and the absence of a prior disciplinary violation.

Disposition

other

Cases Cited (7)

  • In re Phillips, 100 Ohio St. 3d 1493, 2003-Ohio-6184, 799 N.E.2d 176(followed)
  • Disciplinary Counsel v. Melamed, 62 Ohio St. 3d 187, 580 N.E.2d 1077 (1991)(followed)
  • Disciplinary Counsel v. Gorman, 43 Ohio St. 3d 166, 539 N.E.2d 1120 (1989)(followed)
  • Disciplinary Counsel v. Stern, 106 Ohio St. 3d 266, 2005-Ohio-4804, 834 N.E.2d 351(followed)
  • Disciplinary Counsel v. Ulinski, 106 Ohio St. 3d 53, 2005-Ohio-3673, 831 N.E.2d 425(followed)
  • Disciplinary Counsel v. Bein, 105 Ohio St. 3d 62, 2004-Ohio-7012, 822 N.E.2d 358(followed)
  • In re Hughes, 640 N.E.2d 1065, 1067 (Ind. 1994)(followed)

Cited In (0)

No citing cases on record yet.

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