Supreme Court Suspends Two Attorneys
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In separate disciplinary actions announced today, the Supreme Court of Ohio suspended the licenses of attorneys David I. Jaffe of Solon and Fred J. Burkholder, formerly of Toledo, who currently resides in Somerville, Mass.
2008-2052. Ohio State Bar Assn. v. Burkholder, Slip Opinion No. 2009-Ohio-761.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-060. Fred J. Burkholder, Attorney Registration No. 0014094, is indefinitely suspended from the practice of law in Ohio, effective April 16, 2007.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-761.pdf 
(Feb. 26, 2009) The law license of attorney Fred J. Burkholder, who formerly practiced in Lucas County and currently resides in Massachusetts, has been indefinitely suspended by the Supreme Court of Ohio. Burkholder’s license has been under an interim suspension since April 2007 for failure to comply with a child support order. Since then he has been subject to additional suspensions for failure to complete state attorney registration requirements and for violating the terms of a previous stayed suspension by being convicted of domestic violence while residing in Massachusetts.
In today’s decision, the Court adopted findings by the Board of Commissioners on Grievances & Discipline that the conduct resulting in Burkholder’s criminal convictions also constituted violations of the state attorney discipline rules that prohibit illegal conduct involving moral turpitude and conduct that reflects adversely on an attorney’s fitness to practice. The Court also agreed with the board’s recommendation of an indefinite suspension as the appropriate sanction for this misconduct and for Jaffe’s failure to register as an attorney at his current address.
Taking note of medical testimony that alcohol dependency was a significant factor in Burkholder’s misconduct, and evidence that he has resumed compliance with his child support obligations, maintained sobriety and continues to participate in an ongoing recovery program and psychiatric treatment, the Court adopted the disciplinary board’s recommendation that the effective date of his indefinite suspension should be made retroactive to his April 16, 2007, interim suspension.
Contacts
Eugene Whetzel, 614.487.2050, for the Ohio State Bar Association.
James S. Adray, 419.241.2000, for Fred Burkholder.
2008-1682. Cleveland Metro. Bar Assn. v. Jaffe, Slip Opinion No. 2009-Ohio-763.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-011. David I. Jaffe, Attorney Registration No. 0005153, is suspended from the practice of law in Ohio for six months.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-763.pdf
(Feb. 26, 2009) The Supreme Court of Ohio has suspended the license of Solon attorney David I. Jaffe for six months for failing to respond to inquiries from the Cleveland Metropolitan Bar Association pursuant to a grievance filed with the association alleging that Jaffe had been guilty of professional misconduct.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that Jaffe waited six weeks before acknowledging receipt of the association’s notice of the grievance and request for his answer, and stated at that time that he hoped to respond within three weeks, but failed to do so. Certified mail subsequently sent to Jaffe’s address was returned marked “refused,” and all further efforts by the bar association to reach him by telephone and e-mail were unsuccessful.
After a formal complaint was filed with the state disciplinary board charging Jaffe with failure to cooperate with a disciplinary investigation, he filed an answer denying the charge. On the date he was scheduled to be deposed in the case, Jaffe left a voicemail message stating that he did not believe his attendance was required because he had delivered the client file that was the subject of the initial grievance against him to the bar association’s attorney. He later appeared and was deposed, and subsequently entered into stipulations admitting that he had violated the state bar governance rule that requires attorneys to cooperate with disciplinary investigations.
Contacts
Ellen S. Mandell, 216.696.3525, for the Cleveland Metropolitan Bar Association.
David I. Jaffe, pro se: No telephone contact information available.