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Friday, November 15, 2024

Ohio attorney suspended after improper firearm handling incident

State Supreme Court
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Chief Justice Sharon L. Kennedy | Ohio Supreme Court Website

The Supreme Court of Ohio has suspended Wooster attorney Rodney Haven for one year following his arrest for improperly handling a firearm while driving under the influence. The suspension comes with several conditions that Haven must meet to be reinstated.

The court's decision, delivered in a per curiam opinion, found Haven in violation of professional conduct rules due to his 2023 arrest, behavior during a divorce proceeding, and conduct at his disciplinary hearing. Chief Justice Sharon L. Kennedy and Justices Patrick F. Fischer, R. Patrick DeWine, Michael P. Donnelly, Melody Stewart, and Joseph T. Deters joined the opinion, while Justice Jennifer Brunner did not participate.

In January 2023, the Wooster Police Department received information from a suicide hotline indicating that Haven was armed and suicidal after learning about his wife's intention to leave him. Although police initially believed he had calmed down after speaking with him on the phone, they later stopped him on a state highway over concerns he was armed and intoxicated. During the standoff that followed, Haven refused to exit his vehicle for 24 minutes and told police he had a loaded firearm.

Eventually persuaded by an officer over the phone, Haven exited the vehicle after about 40 minutes and was taken into custody with a loaded handgun found in his car's center console. His blood alcohol level was more than three times the legal limit at that time.

Haven faced charges for improperly handling a firearm in a motor vehicle and operating a motor vehicle while impaired (OVI). He received intervention instead of conviction for the firearm charge and agreed to complete driver intervention for the OVI charge alongside one year of community control.

Concerns were also raised regarding Haven's actions during divorce proceedings when he appeared agitated during cross-examination at a Wayne County Common Pleas Court hearing in September 2023. Despite being directed by the magistrate to respond directly to questions, he continued providing erratic responses leading to an order for psychological evaluation which confirmed his ability to participate in proceedings.

A complaint filed by the Office of Disciplinary Counsel led to further examination by a board panel describing Haven’s behavior as “irrational and irrelevant outbursts.” The board determined that his mental health issues contributed significantly both during courtroom appearances and disciplinary hearings.

Considering sanctions against him based on these findings along with no prior disciplinary record compliance with sentence terms including community service completion OVI diversion program participation counseling hours payment fines costs related convictions probation until July 2025 board recommended one-year suspension conditional reinstatement comparison similar misconduct cases other attorneys suspended similarly court agreed stating reckless dangerous actions endangered officers unintentional courtroom behavior attributed mental health issues

“Haven’s misconduct was egregious but did not adversely affect clients involve acts dishonesty Instead calls question fitness practice law,” court stated

To regain license practice law again requirements include completing intervention lieu conviction avoiding community control sanctions criminal charges fulfilling continuing legal education alcoholism substance abuse mental health topics undergoing Ohio Lawyers Assistance Program evaluation complying treatment recommendations providing qualified healthcare professional proof disorder impairing practice ability returning competent ethical professional practice Additionally paying disciplinary proceeding costs necessary

Disciplinary Counsel v Haven Slip Opinion No 2024-Ohio-5278

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