Summary
The Ohio Supreme Court held that David J. Scacchetti violated DR 1-102(A)(3) by engaging in illegal conduct involving moral turpitude and DR 1-102(A)(6) by engaging in conduct adversely reflecting on his fitness to practice law. The court imposed a two-year suspension, stayed 18 months subject to recovery, testing, meeting, court-compliance, and probation conditions, with the stay to be lifted upon noncompliance.
Topics
Practice areas
Questions Presented
- Whether Scacchetti violated DR 1-102(A)(3) by engaging in illegal conduct involving moral turpitude.
- Whether Scacchetti violated DR 1-102(A)(6) by engaging in conduct adversely reflecting on his fitness to practice law.
- What sanction was appropriate in light of the misconduct, relapse, mitigating factors, and evidence concerning his readiness to resume practice.
Holdings
- Scacchetti violated DR 1-102(A)(3) by engaging in illegal conduct involving moral turpitude through his cocaine possession.
- Scacchetti violated DR 1-102(A)(6) by engaging in conduct that adversely reflected on his fitness to practice law.
- A two-year suspension from the practice of law was appropriate, with 18 months stayed on conditions; the remaining six months constituted an actual suspension.
Key quotations
“We therefore suspend respondent from the practice of law in Ohio for two years; however, we stay 18 months of this sanction on the conditions that during the entire two-year sanction, respondent (1) continue to participate in OLAP and remain drug-free and alcohol-free, (2) submit to random drug and alcohol testing either through the common pleas court or OLAP, (3) attend an Alcoholics Anonymous or Narcotics Anonymous meeting at least once a week, and (4) continue to comply with all court orders in the underlying criminal case.” (¶ 19)
Factual background
Scacchetti, an Ohio attorney, developed chronic pain and depression associated with a staph infection and a neck injury and began using cocaine to self-medicate. He was indicted for felony cocaine possession, pleaded guilty, and received treatment in lieu of conviction, including inpatient treatment, rehabilitation, and inactive attorney-registration status. Although he completed intensive treatment and entered a recovery contract, he relapsed and tested positive for cocaine, leading to additional court-ordered treatment and incarceration.
Procedural history
Disciplinary Counsel and Scacchetti stipulated to the facts and alleged misconduct. A three-member board panel heard testimony, made findings and conclusions, and recommended a two-year suspension with 18 months conditionally stayed; the board adopted that recommendation. The Supreme Court of Ohio reviewed the matter and imposed the recommended sanction with specified conditions.