BEF(,RE=1'IIE BOARD OF COMMISSIONERSON

GRIEVANCES AND DISCIPLINEOF

THE SUPREME COURT OF OHIO

In Re:

Complaint against

Dennis RathburnAttorney Reg. No. 0055233

Respondent

Disciplinary Counsel

Relator

Case No. 09-101

Findings of Fact,Conclusions of Law andRecommendation of theBoard of Commissioners on

Grievances and Discipline ofthe Supreme Court of Ohio

DISCIPLINE BY CONSENT

On December 3.0, 2009, a liearirig panel was assigned to this matter. The hearing panel

consisted of Board members Alvin Bell, Robert I-Iousel and Keith A. Sommer, Chair. None of the

pauel members is from the appellate district from which the complaint arose or served as a member

of the probable cause panel that considered this matter. This matter was submitted to the hearing

panel as a consent to discipline matter pursuant to Section 11 of the Board's Rules and Regulations

Governing Procedure on Complaints and Hearings (BCGD Proc. Reg). It was filed with the

Board on March 1, 2010, which is within sixty days of the appointment of the hearing panel.

This matter involves two fourth degree felony charges filed against Respondent in July

2009 after he presented an altered prescription for pain relief medication and his subsequent

treatment in lieu of conviction in 13ickaway County Conuxion. Pleas Court.

The hearing panel finds that this agreement confirms to BCGD Proc. Reg. Sec. 11, and the

undersigned members recommend acceptance of the agreement, including the agreed stipulations,

exhibits, and violations of the Ohio Rules of Professional Conduct, Prof. Cond. R. 8.4(c) and

8.4(h). The panel members fiirther concur in the agreed upon sanction of a two-year suspension

conditionally stayed upon the following conditions:

1. That respondent ren-iain alcohol and drug free;

2. That respondent enter into a two-year contract with the Ohio Lawyers Assistance Program

and comply with the terms of that contract;

3. Attend, at a minimum, a weekly meeting of Alcoholics Anonymous or Narcotics

Anonymous; and

4. Comply with any tcrms of his criminal probation until such time as that probation can be

terminated.

BOARD RRCOMIVIRNDATION

Pursuant to Gov. Bar Rule V (6)(L), the Board of Commissioners on Grievances and

Discipline of the Supreme Court of Ohio considered this matter on April 9, 2010. The Board

voted to accept and adopt the agreement entered into by the Relator and Respondent. 1'he

agreement sets forth the misconduct and the sanction of a two year suspension with the entire two

years stayed upon conditions which is the recommendation of the Board. The Board further

recommends that the costof these proceedings be taxed to the Respondent in any disciplinary

order entered, so that execution may issue.

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Pursuant to the order of the Board of Commissioners on

Grievances and Discipline of the Supreme Court of Ohio,

I hereby certify the foregoing Findings of Fact, Conclusions

of Law, and Recommendation as thqe of the Board.

NATHAN W. MARSHALL, SecretaryBoard of Commissioners onGrievances and Discipline ofthe Supreme Court of Ohio

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BEFORE THE BOARD OF COMMISSIONERSON GRIEVANCES AND DISCIPLINE OF

THE SUPREME COURT OF OHIO

In re:Dennis Aaron Rathburn, Esq.Attorney Reg. No. 00552333700 S. High Street, Suite 96Cotumbus, Ohio 43207-4061,

Respondent, . CASE NO. 09-101

Disciplinary Counsel250 Civic Center Drive, Suite 325Columbus, Ohio 43215-7411,

Relator.

Md`tft I

FaVt.1 or. %okf tirllSS6UNl•:RB?:^ QMWNCES ^ DISCIPLINE

AGREEMENT OF RELATOR AND RESPONDENT REGARDING DISCIPLINE BY CONSENTPURSUANT TO SECTION 11 OF THE. RULES AND PROCEDURES OF

THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE

1. AGREED STIPULATIONS

Relator filed a complaint against respondent, Dennis A. Rathburn, with the

Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio

(the "board") on December 14, 2009, which was certified by a probable cause panel.

Respondent filed an answer to the allegations on December 22, 2009. Relator and

respondent now enter into this Agreement for Discipline by Consent ("Agreement")

pursuant to BCGD Proc. Reg. § 11 and stiputate to the admission of the following

facts, violations of the Ohio Rules of Professional Conduct, sanction, mitigating

factors and exhibits.

1

Additionally, relator and respondent recognize that the terms of this

Agreement are conditioned on acceptance of this Agreement by the board and court

pursuant to Gov. Bar R. V (8)(D) and BCGD Proc. Reg. § 11.

11. STIPULATED FACTS

1. Respondent, Dennis Aaron Rathburn, was admitted to the practice of law

in the state of Ohio on November 18, 1991. Respondent is subject to the

Code of Professionat Responsibitity, the Ohio Rules of Professionat

Conduct and the Rutes for the Government of the Bar of Ohio.

2. On July 7, 2009, respondent was charged in a two-count bilL of

information for deception to obtain a dangerous drug, a fourth-degree

felony, in violation of R.C. 2925.22(A) and illegal processing of drug

documents, a fourth-degree felony, in viotation of R.C. 2925.23(B)(1), in

the Pickaway County Court of Common Pleas. State of Ohio v. Dennis A.

Rathburn, Case No. 2009-CR-21 1. Both charges arose after respondent

presented an altered prescription for Roxicodone, a pain relief

medication, to a pharmacy.

3. On July 8, 2009, respondent filed a motion for intervention in lieu of

conviction with the Pickaway County Court of Common Pleas and pled

guilty to both charges.

4. Judge P. Randall Knece stayed further proceedings at that time in order

to determine whether respondent was eligibte for intervention in lieu of

conviction.

2

5. On September 21, 2009, Judge Knece ordered that respondent was

eligibte for intervention in lieu of conviction and sentenced respondent

to three years of intervention and 40 hours of community service.

6. From June 12, 2009 through June 17, 2009, respondent completed

inpatient treatment at OSU East Talbot Hall.

7. From June 18, 2009 through August 3, 2009, respondent completed an

intensive outpatient program at Talbot Hall.

8. Respondent had suffered from severe chronic back pain and a severe

right knee injury for many years. Beginning in June 2003 and continuing

through May 2009, respondent was prescribed increasing doses of

narcotic pain medication to treat his chronic pain.

III. STIPULATED EXHIBITS

Exhibit 1 Information, State of Ohio v. Dennis A. Rathburn, Case No. 2009-CR-211, filed July 7, 2009.

Exhibit 2 Defendant's Motion for Intervention in Lieu of Conviction Pursuantto R.C. § 2951.041, State of Ohio v. Dennis A. Rathburn, Case No.2009-CR-211, filed July 8, 2009.

Exhibit 3 Entry of Intervention in Lieu of Conviction/Presentence ReportOrdered, State of Ohio v. Dennis A. Rathburn, Case No. 2009-CR-211, filed July 10, 2009.

Exhibit 4 Entry of Intervention in Lieu of Conviction, State of Ohio v. DennisA. Rathburn, Case No. 2009-CR-21 1, September 21, 2009.

Exhibit 5 Letter from Robert D. Erney to Stacy Solochek Beckman datedNovember 18, 2009.

Exhibit 6 Letter from Robert D. Erney to Stacy Solochek Beckman datedSeptember 8, 2009.

Exhibit 7 Letter from Robert D. Erney to Stacy Solochek Beckman datedSeptember 25, 2009.

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Exhibit 8 Letter from Barry Bennett to Stacy Solochek Beckman datedFebruary 24, 2010.

Exhibit 9 Letter from Ray Irion to Office of Disciplinary Counsel datedFebruary 24, 2010.

IV. STIPULATED VIOLATIONS OF THE CODE OF PROFESSIONALRESPONSIBILITY AND STIPULATED SANCTION

Respondent's conduct viotated the Ohio Rules of Professional Conduct,

specifically, Rule 8.4 (c) [it is professional misconduct for a lawyer to engage in

conduct involving dishonesty, fraud, deceit or misrepresentation]; and, Rule 8.4 (h)

[it is professional misconduct for a lawyer to engage in any other conduct that

adversely reflects on the lawyer's fitness to practice taw].

Relator and respondent recommend that the board impose a two-year

suspension, with the entire suspension conditionally stayed, against respondent. The

parties request that the following conditions be imposed: (1) that respondent remain

alcohot and drug free; (2) that respondent enter into a two-year contract with the

Ohio Lawyers Assistance Program and compty with the terms of that contract; (3)

attend, at a minimum, a weekty meeting of Alcoholics Anonymous or Narcotics

Anonymous; and (4) comply with any terms of his criminal probation until such time as

that probation be terminated.

V. STIPULATED MITIGATING FACTORS

Retator and respondent stipulate that respondent's conduct involved the

fotlowinB mitigating factors as listed in BCGD Proc. Reg. § 10 (B)(2):

(a) absence of prior disciptinary record;

(d) full and free disclosure to disciplinary board or cooperative

attitude toward proceedings;

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(f) imposition of other penalties and sanctions; and,

(g) chemicat dependency.

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Respectfully submitted,

r ^7

Jontthan E. O ughlan (0026424)Disciptinary ConselRelator

0% t=, ^^' V^ ,, ,,Stacy Solo ek Beckman (006330Assistant Disciplinary CounselOffice of Disciplinary Counsel ofThe Supreme Court of Ohio

250 Civic Center Drive, Suite 325Columbus, Ohio 43215Telephone (614) 461-0256Facsimile (614) 461-7205ionathan.cough[an@sc.ohio.govstacy. beckman@sc. ohio. eovCounsel for Relator

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'I -') 6At o'Robert D. Erney (0016350)Robert D. Erney Ft Associates Co., L.P.A.1654 East Broad StreetColumbus, Ohio 43203Telephone (614) 258-6100Facsimile (614) 258-6600robert.erney@erneylaw. comCounsel for Respondent

Dennis A. Rathburn (0055233)3700 South High Street, Suite 96Columbus, Ohio 43207Respondent

BEFORE THE BOARD OF COMMISSIONERSON GRIEVANCES AND DISCIPLINE OF

THE SUPREME COURT OF OHIO

In re:Dennis Aaron Rathburn, Esq.Attorney Reg. No. 00552333700 S. High Street, Suite 96Columbus, Ohio 43207-4061,

Respondent, CASE NO. 09-101

V.

Disciplinary Counsel250 Civic Center Drive, Suite 325Cotumbus, Ohio 4321 5-741 1,

Relator.

DENNIS A. RATHBURN AFFIDAVITPURSUANT TO SECTION 11 (B)(4) OF THE RULES AND PROCEDURES OF THE BOARD

OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE

I, Dennis A. Rathburn, attorney registration number 0055233, am the

respondent in Disciplinary Counset v. Dennis A. Rathburn, Case No. 09-101, and

hereby swear and affirm the following pursuant to BCGD §11 (B)(4):

1. I admit the violations of the Ohio Rules of Professional Conduct as stated in

the Agreement of Relator and Respondent Regarding Discipline by Consent

pursuant to Section 11 of the Rules and Procedures of the Board of

Commissioners on Grievances and Disciptine (the "Agreement").

2. I admit that grounds for the imposition of a two-year suspension, with the

entire suspension stayed on certain conditions, exist for my misconduct.

3. I hereby affirm that the Agreement sets forth all grounds for discipline

currently pending before the Board of Commissioners on Grievances and

Discipline of the Supreme Court of Ohio (the "board").

4. I hereby admit to the truth of the material facts relevant to the misconduct

tisted in the Agreement. I specifically admit the following:

(a) On July 7, 2009, I was charged in a two-count bill of information for

deception to obtain a dangerous drug, a fourth-degree #elony, in

violation of R.C. 2925.22(A) and illegal processing of drug documents,

a fourth-degree felony, in violation of R.C. 2925.23(B)(1), in the

Pickaway County Court of Common Pleas. State of Ohio v. Dennis A.

Rathburn, Case No. 2009-CR-21 1. Both charges arose after I

presented an altered prescription for Roxicodone, a pain relief

medication, to a pharmacy.

(b) On July 8, 2009, 1 filed a motion for intervention in lieu of conviction

with the Pickaway County Court of Common Pleas and pled guilty to

both charges.

(c) Judge P. Randall Knece stayed further proceedings at that time in

order to determine whether I was eligible for intervention in lieu of

conviction.

(d) On September 21, 2009, Judge Knece ordered that I was eligible for

intervention in lieu of conviction and sentenced me to three years of

intervention and 40 hours of community service.

(e) From June 12, 2009 through June 17, 2009, I completed inpatient

treatment at OSU East Talbot Hatl.

(f) From June 18, 2009 through August 3, 2009, I completed an intensive

outpatient program at Talbot Hatt.

(g) I had suffered from severe chronic back pain and a severe right knee

injury foi' many years. Beginning in June 2003 and continuing

through May 2009, I was prescribed increasing doses of narcotic pain

medication to treat my chronic pain.

5. 1 hereby indicate my agreement to the sanction of a two-year suspension,

with the entire suspension conditionally stayed, which is to be

recommended to the board.

6. I hereby affirm that the admissions and agreements I have made in this

Affidavit and in the Agreement are freely and votuntarily given, without

coercion or duress, and I am fully aware of the imptication of the admissions

and Agreement on my ability to practice law in Ohio. Pursuant to my right

to secure counsel, I have retained counset, and I am represented in this

matter.

7. I hereby affirm that I understand that the Supreme Court of Ohio has the

final authority to determine the appropriate sanction for the misconduct to

which I have admitted.

Dennis A. Rathburn

STATE OF OHIO

COUNTY OF Yr^ t^ ^ hss::

Sworn to or affirmed before me and subscribed in my presence this ^ day

of 2010.

Notary Public

/9/

RECEIVEDBEFORE THE BOARD OF COMMISSIONERS

ON GRIEVANCES AND DISCIPLINE OF Noy 24 2009

In re:

Complaint againstALIFED Ciy c3NlEVANCES & DISCIPLINE

DEC 0 12009

REME COURT OF O^st^At^i JF COMMISSIONERS

Dennis Aaron Rathburn, Es OARD OF COMMISSIONERS3700 S. High Street, Suite 9$I GFtIE^'AUCES & DISCIPLINEColumbus, Ohio 43207-4061 No.

Attorney Registration No. (0055233),

Respondent, COMPLAINT AND CERTIFICATE

(Rule V of the Supreme Court RulesDisciplinary Counsel for the Government of the Bar of250 Civic Center Drive, Suite 325 Ohio.)Columbus, Ohio 43215-7411,

Relator.

Now comes the relator and alleges that Dennis Aaron Rathburn, an attorney-

at-law duty admitted to the practice of law in the state of Ohio, is guilty of the

following misconduct:

1. Respondent, Dennis Aaron Rathburn, was admitted to the practice of law in the

state of Ohio on November 18, 1991. Respondent is subject to the Code of

Professional Responsibility, the Ohio Rules of Professionat Conduct and ttie

Rules for the Government of the Bar of Ohio.

2. On July 7, 2009, respondent was charged in a two-count bill of information for

deception to obtain a dangerous drug, a fourth-degree felony, in violation of

R.C. 2925.22(A) and ittegat processing of drug documents, a fourth-degree

felony, in violation of R.C. 2925.23(B)(1), in the Pickaway County Court of

HIOTHE SUP

Common Pteas. State of Ohio v. Dennis A. Rathburn, Case No. 2009-CR-211.

Both charges arose after respondent presented an altered prescription for

Roxicodone to a pharmacy.

3. On JuLy 8, 2009, respondent filed a motion for intervention in lieu of conviction

with the Pickaway County Court of Common Pleas and pled guilty to both

charges.

4. Judge P. Randall Knece stayed further proceedings at that time in order to

determine whether respondent was eligible for intervention in tieu of

conviction.

5. On September 21, 2009, Judge Knece ordered that respondent was etigibte for

intervention in lieu of conviction and sentenced respondent to three years of

intervention and 40 hours of community service.

6. Respondent's conduct violated the Ohio Rules of Professional Conduct,

specificalty, Rule 8.4 (c) [it is professionat misconduct for a lawyer to engage in

conduct involving dishonesty, fraud, deceit or misrepresentation]; and, Rule

8.4 (h) [it is professional misconduct for a lawyer to engage in any other

conduct that adversety reflects on the lawyer's fitness to practice law].

CONCLUSION

Wherefore, pursuant to Gov. Bar R. V, the Code of Professional Responsibility

and Ohio Rules of Professional Conduct, relator atteges 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.

Stacy Solochek Beckman (0063306)Assistant Disciplinary CounselOffice of Disciplinary Counsel ofThe Supreme Court of Ohio

250 Civic Center Drive, Suite 325Cotumbus, Ohio 43215-7411Telephone (614) 461-0256Facsimile (614) 461-7205ionathan.coughlan@sc.ohio.qovstacy.beckman@sc.ohio.Qov

CERTIFICATE

The undersigned, Jonathan E. Coughlan, Disciplinary Counsel, of the Office of

Disciplinary Counset of the Supreme Court of Ohio hereby certifies that Stacy Sotochek

Beckman is duty 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: November 24, 2009

Gov. Bar R. V(4)(t) Requirements fvF'Filing a Complaint.

(1) Definition. "Comptaint" means a format written atlegation of misconduct or mentaliliness of a person designated as the respondent.^..

(7) Complaint Filed by Certified Grievance Committee. Six copies of att complaints shattbe filed with the Secretary of the Board. Complaints filed by a Certified GrievanceCommittee shatl be fited in the name of the committee as relator. The complaint shalt not beaccepted for fiting unless signed by one or more attorneys admitted to the practice of law inOhio, who shall be counsel for the relator. The complaint shall be accompanied by a writtencertification, signed by the president, secretary, or chair of the Certified GrievanceCommittee, that the counsel are authorized to represent the relator in the action and haveaccepted the responsibility of prosecuting the complaint to conclusion. The certification shallconstitute the authorization of the counsel to represent the relator in the action as fully andcomptetely as if designated and appointed by order of the Supreme Court with all theprivileges and immunities of an officer of the Supreme Court. The complaint also may besigned by the grievant.(8) Complaint Filed by Disciplinary Counsel. Six copies of all complaints shall be fited withthe Secretary of the Board. Complaints filed by the Disciplinary Counsel shall be fited in thename of the Disciplinary Counset as retator.(9) Service. Upon the fiting of a comptaint with the Secretary of the Board, the relatorshall forward a copy of the complaint to the Disciplinary Counsel, the Certified GrievanceCommittee of the Ohio State Bar Association, the local bar association, and any CertifiedGrievance Committee serving the county or counties in which the respondent resides andmaintains an office and for the county from which the complaint arose.