Ohio lawyer who passed $11.00 in cash to her jailed boyfriend faces six month stayed suspension

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Ohio Board of Professional Conduct report which recommends that an Ohio lawyer be suspended for six (6) months for passing $11.00 in cash under the table to her incarcerated boyfriend.  The case is Cincinnati Bar Association v. Virginia Maria Riggs-Horton, Case No. 2018-1757.  The link with the report and other documents in the case is here:  http://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2018/1757

The lawyer was convicted of the misdemeanor of promoting (passing) contraband and was given a suspended jail sentence. She then self-reported to the Cincinnati, Ohio, and Kentucky Bar Associations.

The Ohio Supreme Court Board of Professional Conduct recommended the stayed suspension after the lawyer admitted that she passed the money to her boyfriend at a Kentucky detention center in August 2017 after he asked for cash for vending machines. The detention center rules prohibited money from being provided to prisoners without first being given to guards.  The lawyer stated that she was unaware of the prohibition.

The Ohio Supreme Court initially rejected the six month stayed suspension and remanded the case for a formal hearing.  A formal hearing was held before a Board panel on April 25, 2019, which again recommended the six month stayed suspension with conditions.  According to the report, the lawyer had no prior discipline and displayed a cooperative attitude in ethics proceedings. She also had a good reputation in the community.  The Ohio Board of Professional Conduct than adopted that recommendation in its report, which was filed with the Ohio Supreme Court on June 14, 2019.

Bottom line:  This lawyer passed $11.00 to her boyfriend under the table while visiting him in the jail, which was a violation of the jail rules and constituted the illegal passing of contraband.  The lawyer was then prosecuted and plead guilty to a misdemeanor and self-reported.  This was a very unfortunate learning experience for the lawyer.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeierabout.me/corsmeierethicsblogs
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About jcorsmeier

Joseph A. Corsmeier is an “AV” rated attorney practicing in Clearwater, Florida. He concentrates his practice primarily in the areas of defense of attorney disciplinary matters before The Florida Bar, attorney admission matters before the Florida Board of Bar Examiners, and professional license and disciplinary matters before the Boards of the State of Florida. He provides expert analysis and opinion on conflict of interest and other attorney disqualification and legal malpractice issues and he testified as an expert in the Florida courts. He served as an Assistant State Attorney in the Sixth Judicial Circuit from 1986 to 1990 where he prosecuted felonies exclusively from June 1987, and as Bar Counsel for The Florida Bar’s Department of Lawyer Regulation from 1990 to 1998. He also practices in the areas of estate planning and Medicaid qualification, workers’ compensation, and labor law. Mr. Corsmeier is the author of numerous articles for various bar publications, has spoken at numerous local and statewide seminars on various topics, including ethics and professionalism, and was an instructor of legal ethics for paralegals at Rollins College until the Tampa campus closed. He received his undergraduate degree from Florida State University and his J.D. from Mercer University. He is admitted to practice in all Florida Courts, the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, and the Middle District of Florida. He is a member of The Florida Bar, American Bar Association, the Association of Professional Responsibility Lawyers, and the Clearwater and St. Petersburg Bar Associations.
This entry was posted in Lawyer criminal misconduct, Lawyer discipline conviction of passing contraband to client in jail, Lawyer discipline criminal misconduct, Lawyer suspension criminal conviction passing contraband, Uncategorized and tagged . Bookmark the permalink.

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