Disciplinary Counsel v. Repp

2021-Ohio-3923 (Ohio 2021) · Supreme Court of Ohio · November 9, 2021 · No. 2021-0757

Summary

The Supreme Court of Ohio held that Judge Mark Edward Repp committed professional and judicial-conduct violations by improperly ordering a courtroom spectator to undergo a drug test and then holding her in contempt and jailing her for refusing. The court imposed a one-year suspension from the practice of law and an immediate suspension from judicial office without pay for the duration of the disciplinary suspension.

Holdings

  1. Repp violated Prof.Cond.R. 8.4(d) and Jud.Cond.R. 1.2, 2.2, and 2.8(B) by engaging in undignified, improper, and discourteous conduct toward A.O. and T.D., abusing judicial authority, and acting in a manner prejudicial to the administration of justice.
  2. A one-year suspension from the practice of law without a stay was appropriate, together with immediate suspension from judicial office without pay for the duration of the disciplinary suspension and taxation of costs.

Questions Presented

  1. Whether Repp's courtroom conduct, order compelling A.O. to submit to a drug test, and contempt judgment constituted violations of the Rules of Professional Conduct and Code of Judicial Conduct.
  2. What sanction was appropriate for Repp's admitted and stipulated professional and judicial misconduct.

Disposition

other

Cases Cited (6)

  • In re S.J., 106 Ohio St.3d 11, 2005-Ohio-3215, 829 N.E.2d 1207(applied)
  • State v. [A.O.], 3d Dist. Seneca No. 13-20-05, 2020-Ohio-4514(followed)
  • Disciplinary Counsel v. Bachman, 163 Ohio St.3d 195, 2020-Ohio-6732, 168 N.E.3d 1178(distinguished)
  • Denovchek v. Trumbull Cty. Bd. of Commrs., 36 Ohio St.3d 14, 15, 520 N.E.2d 1362 (1988)(followed)
  • Disciplinary Counsel v. Cox, 113 Ohio St.3d 48, 2007-Ohio-979, 862 N.E.2d 514(followed)
  • Disciplinary Counsel v. Karto, 94 Ohio St.3d 109, 114, 760 N.E.2d 412 (2002)(followed)

Cited In (0)

No citing cases on record yet.

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