The Supreme Court of Ohio issued a fully stayed six-month suspension to the former city of Campbell law director for professional misconduct related to his private practice.
In a per curiam opinion, the Supreme Court found that Brian J. Macala committed three ethics violations when he forged the signatures of family members he represented in a complex estate case in probate court. The Court noted that Macala also held a part-time elected position and none of his misconduct related to his official duties.
Macala admitted to his mistakes and urged the Court to adopt a Board of Professional Conduct recommendation that he be publicly reprimanded. The Mahoning County Bar Association, which filed the complaint against Macala in 2023, suggested that Macala receive a one-year, fully stayed suspension. The Court found Macala’s “misguided effort to obtain additional time to provide a complete accounting of the estate’s assets to the probate court” warranted a greater sanction than Macala sought but less than what the bar association proposed.
Justices Patrick F. Fischer, Michael P. Donnelly, and Melody Stewart joined the opinion. First District Court of Appeals Judge Ginger Bock, sitting for Justice Jennifer Brunner, also joined the opinion.
Chief Justice Sharon L. Kennedy and Justices R. Patrick DeWine and Joseph T. Deters concurred in part and dissented in part. Chief Justice Kennedy stated that she would have imposed a one-year, fully stayed suspension. Justices DeWine and Deters would have issued a public reprimand.
Following the death of her sister-in-law, Sandra Billec hired Macala in 2018 to handle the estate of Marie E. Harris. Marie’s husband, Ronald Harris, was the sole heir to the estate. Macala prepared a will for Ronald Harris, naming his four nephews as equal beneficiaries to the estate. Ronald Harris died in 2019.
Over nearly two years, Macala did substantial work identifying assets for both estates and applied to open them with Billec appointed as overseer by Mahoning County Probate Court.
In April 2020, notices were sent informing them required filings were overdue; delinquent inventories were eventually filed after receiving continuance until November 2020.
While inventories were filed on time other work on closing estates remained incomplete leading several notifications from probate court about status reports being delinquent into March 2022 hearing set then continued late May same year requiring satisfactory explanation why information wasn’t timely filed three days before hearing waivers partial accounts both estates forged signatures without knowledge authorization received magistrate canceled hearing within weeks discovered terminated services cooperated transition another attorney no indication conduct impacted outcome administration harmed interests nor collected fee grievance Chad Billec nephew admitted signed documents without consent violated rule keeping clients reasonably informed false statement dishonesty fraud deceit misrepresentation objection triggered oral argument appropriate sanction dishonest conduct presumed actual suspension argued step down stayed suspension considering disciplinary aggravating increasing penalty mitigating lesser clean record cooperated investigation presented letters judges attorneys confirming good character reputation reviewed past cases compared conduct testified thought identified assets reported distributed discovered life insurance policy accounted directed file waiver partial account seven days panicked signed names without authorization avoided appearing explain non-compliance estimated spent hours locating assets didn’t charge concluded actions didn’t affect outcome harm family fell below standards warranted further commits stay lifted must serve ordered pay costs proceedings
2023-1561 Mahoning Cty Bar Assn v Macala Slip Opinion No 2024-Ohio-3158 View oral argument video case note summaries prepared Office Public Information general public news media considered official headnotes syllabi full text opinions available online