SMOKINCHOICES (and other musings)

November 24, 2012

Dann meted strange “Justice”

Ohio justices order 6-month suspension for ex-AG       Marc Dann

By Andrew Welsh-Huggins and Julie Carr Smyth
Associated Press


COLUMBUS: Marc Dann, who resigned as Ohio’s attorney general in 2008 amid a sexual harassment scandal, was ordered by the Ohio Supreme Court on Tuesday to give up his law license for six months.

The court’s decision was a blow to Dann’s attempt to rebuild his reputation through pro bono work with clients facing foreclosure and means he can’t earn a living as an attorney during the term of the suspension. Dann had been pursuing an unusual deal that would have allowed him to continue to practice during the suspension period.

The six-month suspension was half the one-year term that was at one time recommended, though. The court gave Dann credit for fulfilling his community service obligations, paying his fines and submitting a pile of letters from judges — mostly from northeast Ohio where he lives — attesting to his character.

Still, justices said Dann’s former position set him apart from other lawyers, his conduct displayed poor judgment and his reasons for the conduct were ultimately unsatisfactory.

“Whether or not his explanations were sensible or credible, they are not an excuse,” they wrote. “The panel cannot help but wonder at the harm to the reputation of the legal profession and to the confidence of the public in the office of attorney general when the chief law officer in the state has committed ethical errors and tries to explain them away as Respondent has.”

The ruling was the final step in an ordeal dating to Dann’s turbulent 17 months in office beginning in 2007 and was anticipated because of the precedent it involved. The last statewide officeholder to face a sanction from the state Supreme Court, former Gov. Bob Taft, received only a public reprimand.  (Republican)

Dann did not respond to email and phone messages seeking comment on Tuesday’s sanction.

His law partner, Mark Harshman, said in a statement he was saddened by the decision but respected it. The firm will remove Dann’s name from its masthead during his suspension and continue its work on foreclosures in his absence, he said.

Dann, a 50-year-old Democrat from Youngstown, was a surprise winner in the 2006 race for attorney general, defeating popular Republican Betty Montgomery, then state auditor and a former two-term attorney general. Dann has acknowledged he didn’t expect to win and was overwhelmed by the duties of the office.

  • That didn’t keep him from making a big splash initially.  In his first 11 months, he took on the nation’s largest insurance brokerage, the mortgage lending industry, student loan providers, the big three credit rating agencies and MySpace.   (My kind of guy.)

But he also had missteps. He got caught in a traffic jam and arrived late to his first big news conference. He used state money to purchase an expensive Chevy Suburban SUV from a campaign donor for traversing the state. A TV camera caught him cursing a reporter over a negative story outside a fundraiser for then-presidential hopeful Barack Obama.

He also issued BlackBerry devices to nearly a third of his staff, costing the state almost $30,000 per month.

In 2007, Dann’s email quip to his press spokesman — that “Jesus had it better on good Friday” than the man did on a particularly bad news day — had the Ohio Christian Alliance and the state GOP accusing Dann, who is Jewish, of religious bigotry.

Dann resigned in May 2008 following his admission he had an affair with an employee.

In 2010, he pleaded guilty in Franklin County Municipal Court to using campaign funds he allegedly gave to two employees to pay rent and utilities for a house they shared near downtown Columbus and a condominium they later moved into in the northwest suburbs. The charge also involved a $5,000 gift or loan Dann made from his elected office’s transition account to one of those aides.

A second charge alleged that Dann knowingly filed a false financial disclosure form.

(My comment:  

Having  stated my admiration for the quality of Marc Dann’s performance as Ohio’s Attorney General  on previous occasions, it may seem redundant for me to bring it up again.   Why you might ask when this man resigned in disgrace one might say?  It is because of his firm grasp of the law;  his gumption to get the job done at an almost break-neck speed, and the seeming fearless manner in which he dug in on important issues which the people of this state very much needed, wanted and deserved.   He is smart and dedicated. 

Apparently, he was ill-prepared to manage his office’s daily routines and knew that.  He had asked a couple of his friends from “back home” to join him and  take on the duties of office management.  Turns out this was  his greatest mistake – – trusting his friends and giving them too  much latitude to “run things.”   He was the BOSS and he WAS responsible for how things were run and should have had better oversight of all.   He needed professional, expert staff if his office were to have a chance of the superior outcome he obviously desired. Like everyone else, I only knew what I read in the paper and saw on television.  As it unfolded, it broke my heart for the shear waste of it all.  

Much for any potential leader to learn in this story.  Great leaders need competent, superior staffing – no way to succeed without it.  So my grievance is not that Dann is not our AG, I do understand  the need to replace him.

It is four years since this all happened.  It strikes me as punitive beyond need to have dragged out his punishment this way.  Ohio traditionally was a Red state and Dann was, as the article states and up and comer in the Democratic party, and it does cross my mind that his loss of license is overly severe, and why does this come about 4 years down the road?  Is there going to be a part three as well?   This man did not harm the state nor did the people of Ohio seem to mind having such a smart and efficient man at the top of that office – getting the job done like no other attorney general we’ve ever had before.  I find Ohio’s Supreme Court too severe and definitely biased.   

I won’t live long enough to vote for Mr. Dann again,  But if I could and I did, I for sure WOULD  vote for him for anything he wants to run for.  This is one fine man who has much to offer. And he has been done wrong by quite a few.       Jan)


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