Disciplinary Counsel v. McCormack

Summary

The Supreme Court of Ohio imposed a one-year suspension, fully stayed on conditions, against attorney and former magistrate Thomas Arthur McCormack for violations of the Code of Judicial Conduct and Rules of Professional Conduct. The violations arose from discourteous and undignified conduct, procedural irregularities, and failure to fairly and efficiently conduct hearings in a postdecree domestic-relations matter.

Holdings

1. The court adopted the stipulated facts and found that McCormack's conduct violated former Canons 1, 2, 3(B)(4), and 3(B)(8) of the Ohio Code of Judicial Conduct, current Jud.Cond.R. 1.2, 2.2, 2.5(A), 2.6(A), 2.6(B), and 2.8(B), and Prof.Cond.R. 8.4(d).
2. A one-year suspension from the practice of law, fully stayed on conditions, was appropriate. The conditions required no further misconduct, a mental-health evaluation by the Ohio Lawyers Assistance Program, compliance with any required treatment contract and recommendations, and monitored probation; failure to comply would lift the stay and require service of the entire suspension.

Questions Presented

1. Whether McCormack's stipulated conduct violated the former and current Ohio Code of Judicial Conduct and Prof.Cond.R. 8.4(d).
2. What sanction was appropriate for McCormack's judicial and professional misconduct in light of the aggravating and mitigating factors.

Disposition

other