IN THE SUPREME COURT OF OHIO ENTRY OF DEFAULT

Transcription

1 ^m a IN THE SUPREME COURT OF OHIO In re: David Alan Raines Attorney Reg. No ENTRY OF DEFAULT Richard A. Dove ( ) Board of Commissioners on Grievances and Discipline 65 South Front Street Fifth Floor Columbus, Ohio (614) richard:dovensc.ohio.gov David Alan Raines ( ) Stewville Drive Vandalia, OH i& ^ ^ I) L I(M^^^^' TnT (y^ d a. og i fi h

2 IN THE SUPREME COURT OF OHIO In re: David Alan Raines Respondent Disciplinary Counsel CERTIFICATION Gov. Bar R. V, Section 6a(A) Relator Pursuant to Rule V, Section 6a, of the Supreme Court Rules for the Government of the Bar of Ohio, I hereby certify that the respondent in the above-captioned matter has failed to file an answer to the formal complaint certified to the Board of Commissioners on Grievances and Discipline on December 6, Attached to this certification is an affidavit setting forth the attempts to serve the complaint on the respondent and copies of documents referenced in the affidavit. RICHARD OVE Secretary, Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio

3 STATEOF OHIO ) ) ss: COUNTY OF FRANKLIN ) AFFIDAVIT I, Richard A. Dove, having been duly sworn according to the laws of Ohio, hereby depose and say: 1. I am the Secretary to the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio ("Board"). Pursuant to Rule V of the Supreme Court Rules for the Government of the Bar of Ohio, I am responsible for serving certified disciplinary complaints on the parties and maintaining the records of cases certified to the Board. 2. On December 6, 2012, a formal complaint was certified to the Board in the matter of Disciplinary Counsel v. David Alan Raines, Board Case No On December 6, 2012, a notice and copy of the certified complaint were sent via certified mail to the respondent at Stewville Drive, Vandalia, Ohio The address to which the certified mail was sent is the respondent's residence address as reflected in the attorriey registration records maintained by the Supreme Court of Ohio, Office of Attorney Services. This is the only address for the respondent in the attorney registration records. 4. On December 17, 2012, the Board received a return receipt ("green card") from the United States Postal Service acknowledging receipt of the certified mail referenced in 3. The signature on the return receipt is illegible but appears to consist of the same initials as those of the respondent. 5. On January 17, 2013, a notice of intent to certify the respondent's default was sent to the respondent at the address in 3, her last known address. 6. As of the date of this affidavit, the respondent has not filed an answer to the formal complaint pending before the Board or otherwise responded to the certification of the complaint or the notice of intent to certify his default. 7. Attached to this affidavit are true and accurate copies of the following documents contained in the case file that is maintained in the Board offices: a. The formal complaint certified to the Board on December 6, 2012 and sent to the responuent at his residence address via ce_rtified mail on that date; b. The signed "green card" returned to the Board by the United States Postal Service on December 17, 2012;

4 c. The notice of intent to certify the respondent's default sent to the respondent's residence address on January 17, FURTHER AFFIANT SAYETH NAUGHT. Richard A. D e ( ) Secretary, Board of Commissioners on Grievances and Discipline Sworn to before me and subscribed in my presence this e'cl'ay of February, Michelie A. HaH, AtkomeyAt Law =*,r_ NOTARY PUBLIC- STATE OF OHIO My commis^on has ao e^ira^ondae 4Notary ublic e A. Hall Sec R.C. 2

5 ^ ^.., : =w,^ - 4 ^ r In re: Complaint against BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO 0F (,N'^F, I F_'41^ N (,,E S,& D E^, 0 EP Cr q L David Alan Raines, Esq Stewville Drive Vandalia, OH No. `^ ^ ^ ^ 8 7 Attorney Registration No. ( ) Respondent, Disciplinary Counsel 250 Civic Center Drive, Suite 325 Columbus, Ohio Relator. COMPLAINT AND CERTIFICATE (Rule V of the Supreme Court Rules for the Government of the Bar of Ohio.) RECEIVED NOV 2a 2012 BOARD OF COMMISSIONERS ON GRIEVANCES & DISCIPLINE Now comes the relator and alleges that David Alan Raines, an Attorney at Law, duly admitted to the practice of law in the State of Ohio is guilty of the following misconduct: 1. Respondent, David Alan Raines, was admitted to the practice of law in the State of Ohio on November 5, Respondent is subject to the Code of Professional Responsibility, Rules of Professional Conduct and the Rules for the Government of the Bar of Ohio. 2. Until October 2011, respondent was employed by Wright State Universitye 3. Respondent's employment was terminated for making non-business related purchases using Wright State University's procurement card. The purchases totaled $6, On,aint November 18, 2011, was a comp laint rlli eu ' against respondent ; I ^.-, +l,v ^raanr ('ninnty Municipal Court charging him with one count of Theft in Office, R.C (A)(2), a fourth degree felony.

6 5 On December 20, 2011, respondent was indicted for one count of Theft in Office, R.C (A)(1), a fourth degree felony. 6. On July 12, 2012, respondent pled guilty to one count of Theft, R.C (A)(1), a first degree misdemeanor in Greene County Court of Common Pleas, case no CR Respondent was sentenced to a180-day suspended jail sentence and ordered to pay full restitution. 8 9 Respondent paid full restitution in the amount of $6, on July 12, Respondent's conduct violates: Prof. Cond. R. 8.4(b) [A lawyer shall not commit an illegal act that reflects adversely on the lawyer's honesty or trustworthiness]; Prof. cond. R. 8.4(c) [A lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation]; and 8.4(h) [A lawyer shall not engage in conduct that adversely reflects on the lawyer's fitness to practice law]. _2_

7 CONCLUSION Wherefore, pursuant to Gov. Bar R. V, the Code of Professional Responsibility and Rules of Professional Conduct, relator alleges that respondent is chargeable with misconduct; therefore, relator requests that respondent be disciplined pursuant to Rule V of the Rules of the Government of the Bar of Ohio. o athan E. Coughlan ) Disciplinary Counsel 5,!^-.^. 4eather Hissoi Cogliane M^81 e 1 ) Assistant Disciplinary Counsel 250 Civic Center Drive, Suite 325 Columbus, Ohio (Fax) H Co^llianeseAsc.ohio.gov -3-

8 ) ) CERTIFICATE The undersigned, Jonathan E. Coughlan, Disciplinary Counsel, of the Office of Disciplinary Counsel of the Supreme Court of Ohio, hereby certifies that Heather Hissom Coglianese is duly authorized to represent relator in the premises and has accepted the responsibility of prosecuting the complaint to its conclusion. After investigation, relator believes reasonable cause exists to warrant a hearing on such complaint. Dated: A^ 3^^ ^ _76-1, Z012 ^^ f i^ J nathan E. Cou ghl i,discipli na Counsel L^ oa s(a/ ^^) Gov. Bar R. V, 4(1) Requireinentsfor Filin; a Coniplaint. (1) Definition. "Complaint" means a formal written allegation of misconduct or mental illness of a person designated as the respondent. (7) Complaiut Filed by Certified Grievance Committee. Six copies of all complaints shall be filed with the Secretary of the Board. Complaints filed by a Certified Grievance Committee shall be filed in the name of the cominittee as relator. The complaint shall not be accepted for filing unless signed by one or more attorneys admitted to the practice of law in Ohio, who shall be counsel for the relator, The complaint shall be accompanied by a written cei-tification, signed by the president, secretary, or chair of the Cei-tified Grievance Committee, that the counsel are authorized to represent the relator in the action and have accepted the responsibility of prosecuting the complaint to conclusion. The certification shall constitute the authorization of the counsel to represent the relator in the action as fully and coinpletely as if designated and appointed by order of the Supreme Court with all the privileges and immunities of an officer of the Supreme Court. The complaint also may be signed by the grievant. (8) Complaint Filed by Disciplinary Counsel. Six copies of all complaints shall be filed with the Secretary of the Board. Complaints filed by the Disciplinary Counsel shall be filed in the name of the Disciplinary Counsel as relator. (9) Service. Upon the filing of a complaint with the Secretary of the Board, the relator shall forward a copy of the complaint to the Disciplinaiy Counsel, the Certified Grievance Committee of the Ohio State Bar Association, the local bar association, and any Certified Grievance Committee serving the coun'ry or counties in which the respondent resides and maintaiflsau office and for the county from which the complaint arose. -4-

9 ' Article IIPi Number tl^iilb^^aniaiinhdlll^ David Alan Raines Stew-ville Drive Vandalia, OH Reference Inforrnation Raines Pc materi Boc/g&d Domestic Keturn r+eceipt.....^. UNITED STATES POSTAL S^RVOCE PRaNTYOUR NAME, ADDRESS AND ZIP CODE BELOW First Class Mail US Postage Paid Permit ho.g -10 BOARD OF COMMISSIONERS 65 SOUTH FRONT ^=3'4gft?^ COLUMBUS OH 432 DEC 17 2a12 BOARD OF CpMMtSSIONERS ON GRIEVANCES & DISCIPLINE,...<,^.;;., _.. _ _

10 kt h. N ^^^^Omrd of 0 1" of BOARD OF COMMISSIONERS ON GRIEVANCES & DISCIPLINE 65 SOUTH FRONT STREET, 5- FLOOR, COLUMBUS, OH Telephone: MICHELLE A. HALL RICHARD A. DOVE Fax: SENIOR COUNSEL SECRETARY January 17, 2013 David Alan Raines 911 Stewville Dr. #4 Vandalia, OH Re: Disciplinary Counsel v. David Alan Raines, Case No Dear Mr. Raines: On December 06, 2012, the Board of Commissioners on Grievances and Discipline certified a formal complaint naming you as the respondent in the abovecaptioned disciplinary matter. A copy.of the enclosed complaint was sent to you via certified mail and service was completed on December 17, As of the date of this letter, the Board has not received your answer to the formal complaint or a motion to extend the time for filing an answer. Pursuant to Gov. Bar R. V, Section 6a, you are hereby notified that the Board will certify your default to the Supreme Court thirty days from the date of this letter. To avoid certification of default, you must file an answer to the formal complaint with the Board prior to the expiration of the thirty-day period. No extension of time to file an answer is authorized by the rule. Please note that the certification of default may result in your immediate suspension from the practice law by the Supreme Court of Ohio. If you have questions regarding this matter, please contact the Board of Commissioners on Grievances and Discipline at (614) Sincer ly, ^r Richard A. Dove Enclosure cc: Jonathan E. Coughlan Heather Hissom Coglianese