Opinion
D.D. No. 75-2
Decided July 16, 1975.
Attorneys at law — Misconduct — Indefinite suspension from practice of law — Wilful failure to file income tax returns.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
Respondent has been a member of the bar of Ohio since 1953. He practiced law in Dayton from 1964 to January 1, 1974.
In December 1973, respondent was indicted by the grand jury in the United States District Court, Southern District of Ohio, Western Division, on three counts for wilful failure to file income tax returns for the calendar years 1970, 1971 and 1972. His gross income for 1970 was $36,092.54, for 1971 it was $40,690.58, and for 1972 it was $56,290.85. Even though he was not indicted for failure to file 1968 and 1969 returns, respondent voluntarily testified, at the hearing before the Board of Commissioners, that such was the case.
A plea of nolo contendere was entered by respondent to counts one and two of the indictment, and the court found him guilty on those charges. Count three was dismissed at the request of the United States Attorney. Execution of the sentence imposed by the court was suspended.
From the record, unquestionably the respondent enjoyed a fine personal and professional reputation.
The Board of Commissioners on Grievances and Discipline, upon the basis of testimony, stipulations, admissions and evidence before it, found respondent guilty of violations of the following canons of the Code of Professional Responsibility, namely: Canon 1, EC 1-1; Canon 1, EC 1-5; Canon 9, EC 9-1; and Canon 9, EC 9-6. The board recommended that respondent be indefinitely suspended from the practice of law in Ohio.
Messrs. Bieser, Greer Landis and Mr. Leo F. Krebs, for relator.
Messrs. Hamrick, LeCrone Cox, Mr. Harold B. LeCrone, and Mr. Daniel J. O'Brien, for respondent.
A careful review of the record before us, together with the findings of fact and recommendation of the Board of Commissioners on Grievances and Discipline, brings us to the conclusion that such findings and recommendation are fully justified.
We accept the recommendation and impose the discipline of indefinite suspension from the practice of law upon respondent, John R. Radabaugh, as provided in Gov. R. V(6)(b).
Judgment accordingly.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.