‘Ethics Monster’ attorney suspended

A Westerville attorney who once “prosecuted” wayward lawyers was suspended indefinitely from the practice of law on Tuesday for repeated misconduct.

The Ohio Supreme Court handed down the sanction against Kenneth Donchatz by a 4- 3 vote, with the dissenting justices preferring a two- year suspension with six months stayed.

Donchatz, who once described himself as the “Ethics Monster,” formerly was an assistant disciplinary counsel with the court and pursued charges of professional misconduct against other lawyers.

The court majority said Donchatz forfeited his right to practice law through “significant acts of dishonesty” and “false and contradictory statements” he made throughout his disciplinary proceedings.

One charge against Donchatz alleged he improperly obtained a $100,000 loan from a client in 2009 in a transaction that was not arms-length and only repaid $ 57,000. Donchatz told the justices that the rest was repaid with an antique desk, given to him by the same client, that was discovered by a certified appraiser to be worth more than $51,000 after it was refurbished. The statement left Chief Justice Maureen O’Connor incredulous.

He also was found to have filed court paperwork falsely claiming he fully repaid a $ 2,181 default judgment that a treetrimming company won against him and to have filed a false statement. Donchatz also was discovered to have made an improper filing falsely claiming that a lawsuit had been settled.

The lawyer also was found to have misrepresented the statements of an assistant disciplinary counsel and defamed her while representing another lawyer accused of misconduct.

The First Amendment does not protect lawyers from liability for making malicious statements against other lawyers in legal proceedings, the justices ruled.

The court found that Donchatz deliberately made false statements and disobeyed rules in four separate cases.

The Cleveland Metropolitan Bar Association, which handled the case because of the Donchatz’s former association with the state disciplinary counsel, argued that Donchatz should receive an indefinite suspension. The Board of Professional Conduct had recommended the two-year suspension with six months stayed.

Donchatz argued he deserved a stayed suspension, given his earlier service to the state, his 16 years of teaching at Ohio State University and his coaching of the Westerville North High School mocktrial team for 20 years .

Justices Terrence O’Donnell, Patrick F. Fischer and R. Patrick DeWine joined O’Connor in indefinitely suspending Donchatz.

Justices Sharon L. Kennedy, Judith L. French and William M. O’Neill formed the minority.