Disciplinary Counsel v. McDaniel

2018-Ohio-412 (Ohio 2018) · Supreme Court of Ohio · February 2, 2018 · No. 2018-0041

Summary

The Supreme Court of Ohio imposed reciprocal discipline on Thomas C. McDaniel based on a certified order from the Supreme Court of Arizona suspending him from practicing law for two years. The Ohio court likewise suspended McDaniel for two years and conditioned his reinstatement in Ohio on reinstatement in Arizona and compliance with specified Ohio bar rules and court orders.

Court
Supreme Court of Ohio
Writing for the Court
Maureen O'Connor, Chief Justice; Terrence O'Donnell, Justice; William M. O'Neill, Justice; Judith L. French, Justice; Patrick F. Fischer, Justice; Pat DeWine, Justice; Mary DeGenaro, Justice
Jurisdiction
Ohio
Decision date
February 2, 2018
Docket number
2018-0041
Procedural posture
Reciprocal-discipline proceeding initiated upon certified order from the Supreme Court of Arizona suspending respondent from the practice of law for two years.
Precedential value
Published Ohio Supreme Court opinion
Disposition
other

Topics

appellate procedureadministrative law

Practice areas

legal ethics and professional responsibilityattorney disciplinereciprocal discipline

Questions Presented

  1. Whether the Supreme Court of Ohio should impose identical or comparable discipline under the reciprocal-discipline provisions of Gov.Bar R. V(20) based on McDaniel's Arizona suspension.

Holdings

  1. Pursuant to Gov.Bar R. V(20)(B), the Supreme Court of Ohio suspended McDaniel from the practice of law for two years and made his reinstatement in Ohio contingent on his reinstatement in Arizona and compliance with Ohio's reinstatement requirements and the court's orders.

Key quotations

respondent, Thomas C. McDaniel III, Attorney Registration No. 0056259, last known business address in Tucson, Arizona, is suspended from the practice of law for a period of two years and respondent will not be reinstated to the practice of law in Ohio until such time as respondent is reinstated to the practice of law in the state of Arizona. (¶ 3)

Factual background

The Presiding Disciplinary Judge of the Supreme Court of Arizona entered an order on May 12, 2017, suspending Thomas C. McDaniel III from the practice of law for two years. Disciplinary counsel filed a certified copy of that order with the Supreme Court of Ohio, which initiated reciprocal-discipline proceedings. McDaniel did not file objections to the proposed comparable discipline.

Procedural history

Disciplinary counsel filed a certified copy of an Arizona disciplinary order suspending Thomas C. McDaniel III for two years. The Supreme Court of Ohio ordered McDaniel to show cause why identical or comparable discipline should not be imposed in Ohio. No objections were filed, and the court imposed a two-year Ohio suspension subject to reinstatement conditions.

Court Document

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