Disciplinary Counsel v. Robertson
CourtOhio Supreme Court
Date FiledOctober 29, 2026
Docket2026-0725
StatusPublished
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Full Opinion
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as
Disciplinary Counsel v. Robertson, Slip Opinion No. 2026-Ohio-4231.]
NOTICE
This slip opinion is subject to formal revision before it is published in an
advance sheet of the Ohio Official Reports. Readers are requested to
promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65
South Front Street, Columbus, Ohio 43215, of any typographical or other
formal errors in the opinion, in order that corrections may be made before
the opinion is published.
SLIP OPINION NO. 2026-OHIO-4231
DISCIPLINARY COUNSEL v. ROBERTSON.
[Until this opinion appears in the Ohio Official Reports advance sheets, it
may be cited as Disciplinary Counsel v. Robertson, Slip Opinion No.
2026-Ohio-4231.]
Attorneys—Misconduct—Misrepresentation in violation of the Rules of
Professional Conduct—Conditionally stayed one-year suspension.
(No. 2026-0725—Submitted June 30, 2026—Decided October 29, 2026.)
ON CERTIFIED REPORT by the Board of Professional Conduct of the Supreme
Court, No. 2025-028.
__________________
The per curiam opinion below was joined by DEWINE, DETERS, HAWKINS,
and SHANAHAN, JJ. KENNEDY, C.J., concurred in part and dissented in part and
would impose a conditionally stayed 18-month suspension on the authority of
Disciplinary Counsel v. Mollica, 2025-Ohio-5372, and Disciplinary Counsel v.
Collins, 2025-Ohio-5393. FISCHER, J., concurred in part and dissented in part and
would stay only six months of the suspension. BRUNNER, J., did not participate.
SUPREME COURT OF OHIO
Per Curiam.
{¶ 1} Respondent, Deanna Robertson, of Cleveland, Ohio, Attorney
Registration No. 0056168, was admitted to the practice of law in Ohio in 1991.
{¶ 2} In a November 12, 2025 complaint, relator, disciplinary counsel,
alleged that Robertson engaged in conduct involving dishonesty, fraud, deceit, or
misrepresentation by overbilling in court-appointed cases in the Cuyahoga County
Court of Common Pleas. Specifically, the complaint alleged that she (1) failed to
properly track and record her time, (2) double billed for time spent downloading
evidence while she simultaneously performed other client work, and (3) improperly
billed for tasks performed by her support staff. Robertson waived a probable-cause
determination.
{¶ 3} The parties entered into stipulations of fact, misconduct, and
aggravating and mitigating factors. They also submitted 18 stipulated exhibits and
agreed that an 18-month suspension, stayed in its entirety, is the appropriate
sanction for Robertson’s misconduct.
{¶ 4} Robertson and three character witnesses testified at a hearing before
a three-member panel of the Board of Professional Conduct. After the hearing, the
panel issued a report in which it accepted the parties’ stipulation that Robertson had
committed the charged misconduct. The panel accepted the parties’ stipulated
aggravating and mitigating factors and their proposed sanction. The board adopted
the panel’s findings of fact and conclusions of law but recommended that Robertson
be suspended for one year, with the suspension stayed in its entirety. The parties
have jointly waived objections.
{¶ 5} After independently reviewing the board’s report and
recommendation, the record, and our applicable precedent, we adopt the board’s
finding of misconduct and recommended sanction. We suspend Robertson from
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the practice of law for one year and stay that suspension in its entirety on the
condition that she engage in no further misconduct.
MISCONDUCT
{¶ 6} From 2018 through 2023, approximately 97 percent of Robertson’s
practice consisted of representing indigent criminal defendants as court-appointed
counsel in the Cuyahoga County Court of Common Pleas. The remainder of her
practice consisted of private criminal-defense work.
{¶ 7} To receive payment for her court-appointed work, Robertson was
required to submit the Ohio Public Defender’s (“OPD’s”) standard fee-application
form, titled Motion, Entry and Certification for Appointed Counsel Fees. Among
other things, the form required appointed counsel to identify the client, the case
number, the charged offense(s), the judge assigned to the case, the total number of
out-of-court and in-court hours worked on the case, and the total fees requested.
The form also provided space for the attorney to itemize the dates and hours worked
in six-minute increments.
{¶ 8} The form bore the following motion and certification:
The undersigned having been appointed counsel for the party
represented moves the Court for an order approving payment of fees
and expenses as indicated in the itemized attachment herein. I
certify that I have received no compensation in connection with
providing representation in this case other than that described in this
motion or which has been approved by the Court in a previous
motion, nor have any fees and expenses in this motion been
duplicated on any other motion. I, or an attorney under my
supervision, have performed all legal services itemized in this
motion.
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{¶ 9} Robertson was required to sign her name below that certification on
each fee application and to provide her address and attorney-registration number.
As part of the itemized fee statement, Robertson also was required to certify that
the time itemized on the form “was expended in representation of the
defendant/party represented.”
{¶ 10} Under R.C. 120.33, Ohio counties may pay court-appointed counsel
fees that have been approved by the court and then are permitted to seek
reimbursement of those fees from OPD. In 2023, OPD audited fee applications that
Cuyahoga County submitted for reimbursement during OPD’s 2022 fiscal year,
which ran from July 1, 2022, to June 30, 2023. We note that the audit encompassed
fee applications that Robertson submitted to the county between March 2021 and
April 2023. The audit therefore included fee applications that Robertson submitted
during three separate fiscal years—2020, 2021, and 2022.
{¶ 11} The audit showed that Robertson certified and filed numerous fee-
application forms seeking reimbursement for excessive hours on multiple days. For
example, the audit showed that when Robertson’s certified fee-application forms
were considered together, she had billed more than 24 hours in a day on seven
occasions, with her billable hours ranging from 30.1 to 31.6 on four of those days.
{¶ 12} The audit also revealed that Robertson had submitted certified fee-
application forms that resulted in her billing between 20 and 24 hours in a day on
20 occasions and between 16 and 19.9 hours in a day on 46 occasions. Further
illustrating the irregularities in Robertson’s billing, the OPD audit showed that she
billed an excessive number of hours over 13 multiday periods, ranging from 50.71
hours in a two-day (48-hour) period, to 95.4 hours in a five-day (120-hour) period.
In addition to multiple billings of more than 24 hours in a day during those date
ranges, Robertson certified on three occasions that she spent at least 10.5 hours and
1. Because of an apparent mathematical error, the stipulations and board report stated that Robertson
billed a total of 46.5 hours (when she actually billed 50.7 hours) from October 25 through 26, 2021.
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January Term, 2026
up to 12.1 hours in court on behalf of her clients. However, she stipulated that the
Cuyahoga County Common Pleas Court is open to the public for only eight hours
a day, 8:30 a.m. to 4:30 p.m., Monday through Friday.
{¶ 13} Initially, Robertson was compensated for her court-appointed work
at a rate of $50 or $60 an hour depending on whether her work was performed in
or out of court. Effective July 1, 2022, the Cuyahoga County Council increased the
compensation for court-appointed counsel to $75 an hour for services performed
both in and out of court. OPD publishes a maximum allowable fee or “cap rate”
for each case that varies depending on the nature of the case and the county in which
the case is filed, though attorneys are permitted to file motions for extraordinary
fees. See Office of the Ohio Public Defender, County Rate / Cap Maps,
https://opd.ohio.gov/county-resources/county-rate-cap-maps (accessed Sept. 29,
2026) [perma.cc/56KR-FTYW]; Cuyahoga C.P., Gen.Div., Loc.R. 33.0, Part II.
The evidence shows that during the period audited by OPD, Robertson filed
motions for extraordinary fees in 18 court-appointed cases.
{¶ 14} In September 2023, OPD filed a grievance with relator based on
Robertson’s billing practices and enclosed copies of the relevant bills, along with a
spreadsheet summarizing the results of an audit. Later that month, relator sent
Robertson a letter of inquiry along with a copy of the grievance and supporting
documentation.
{¶ 15} In her October 2023 response to the letter of inquiry, and in her
stipulations and disciplinary-hearing testimony, Robertson stated that she tracked
the time she worked on court-appointed cases by hand—instead of using case-
management or timekeeping software—and recorded it at the end of every day. She
used the court’s online calendar or docket and a “personal scheduling journal” to
track her in-court time. She also tracked her out-of-court time through notes on
individual client folders that identified the task and the corresponding time
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notations. At the conclusion of a case, Robertson used the information from those
three sources to complete OPD’s standard fee-application form.
{¶ 16} Robertson testified that she could not submit a fee application for
her court-appointed work until the conclusion of the case—which often took a year
or more. If she forgot to write down her in-court time, she would “look back and
pretty much figure, just think about what [she had done] that day.” Because she
relied on the handwritten notes on her client files, her personal scheduling journals,
and the court dockets themselves to complete her fee applications, there was no
way for her to determine how many hours she billed on a particular day for all her
clients.
{¶ 17} In her initial response to the grievance and in her testimony before
the panel, Robertson admitted that she downloaded many hours of evidence files
while simultaneously working on other matters and that she billed for both tasks.
She also acknowledged that her fee applications included billing for work
performed by her support staff—including time spent compiling evidence,
scheduling meetings, and making telephone calls—even though she certified that
all itemized legal services had been performed by herself or an attorney under her
supervision.
{¶ 18} Robertson supplemented her response to the letter of inquiry in
December 2023. There, she acknowledged that in 2022 she billed more than 24
hours on two days, more than 20 hours on 13 days, and “17+” hours on 33 days.
She explained that when she billed more than 17 hours in a day, the billing included
time for downloading body-camera videos. She also reiterated that she had been
billing for her support staff’s time.
{¶ 19} At all times relevant to this proceeding, Section I(F)(1) of the
Standards and Guidelines for Appointed Counsel Reimbursement promulgated by
OPD has expressly stated, “Billing for time worked by the attorney’s support staff
. . . will not be reimbursed by the OPD.” Office of the Ohio Public Defender,
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January Term, 2026
Standards and Guidelines for Appointed Counsel Reimbursement,
https://opd.ohio.gov/county-resources/reimbursement/01-standards-and-
guidelines/01-standards-guidelines (accessed Sept. 30, 2026) (landing page
provides links to January 2019, November 2019, September 2021, and April 2024
versions of standards and guidelines) [perma.cc/9F7Y-TYEU].
{¶ 20} Robertson stipulated that because she had billed for support-staff
time, she falsely certified that either she or an attorney under her supervision had
performed all the legal services itemized in her fee applications. During her
disciplinary hearing, Robertson testified that she had included those services in her
fee applications under the mistaken belief that she was permitted to bill for them.
With respect to her having double billed, she explained that she had billed for the
time it took to download the evidence files—which could take five or six hours—
and for the other work that she and her support staff performed while the files were
being downloaded to her computer.
{¶ 21} The panel found no reason to believe that Robertson had
intentionally overbilled the county. The basis for the panel’s finding was twofold.
First, the panel found that Robertson had mistakenly believed that she was
permitted to bill for the time it took to download evidence from the internet, for the
services she performed while evidence was being downloaded, and for the services
performed by her support-staff. Second, the panel found that Robertson’s
inefficient timekeeping and failure to use case-management or timekeeping
software to track her billable hours contributed to her excessive daily totals.
{¶ 22} Robertson testified that once she received the public defender’s
grievance, she stopped including evidence-download and support-staff time on her
fee applications. Robertson also testified that she now understands that it was
improper to bill for evidence-download time and for support-staff time.
{¶ 23} Acknowledging that she had not been submitting her time properly,
and consistent with the restitution approved by this court in Disciplinary Counsel
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v. McCloskey, 2023-Ohio-3447, Robertson agreed to refund the county for any fees
that she received in excess of 16 hours a day for fee applications during the audited
period. See also Disciplinary Counsel v. Paxton, 2025-Ohio-5220; Disciplinary
Counsel v. Mollica, 2025-5372; Disciplinary Counsel v. Collins, 2025-Ohio-5393.
{¶ 24} The parties and the panel determined that Robertson billed 282.4
hours in excess of 16 hours a day—242.8 hours for work purportedly worked
between October 4, 2020, and June 30, 2022, and 39.6 hours for work purportedly
performed between July 1, 2022, and September 24, 2022. Multiplying 242.8 by
the average rate of $55 an hour for work performed before July 1, 2022, and 39.6
by the rate of $75 an hour for work performed after that date, the parties and the
panel determined that Robertson owed Cuyahoga County $16,324 in restitution.
{¶ 25} On October 16, 2025, nearly a month before relator filed his
complaint, Robertson provided a cashier’s check for $16,324 to her counsel, who
deposited the check into his client-trust account. And on December 3, Robertson’s
counsel sent a client-trust-account check for $16,324 to the Cuyahoga County
Fiscal Office.
{¶ 26} In addition, the evidence shows that OPD now operates a free cloud-
based billing platform—known as the Court Appointed Billing System or
“CABS”—that allows appointed counsel to digitally enter case information, track
time, and generate bills for court submission. In February 2026, Robertson
completed OPD’s one-hour CABS training webinar offered for appointed counsel.
She now uses that system to track her time in all court-appointed cases and to
generate the fee applications she submits for court approval.
{¶ 27} The parties stipulated and the panel found that Robertson’s conduct
violated Prof.Cond.R. 8.4(c) (prohibiting a lawyer from engaging in conduct that
involves dishonesty, fraud, deceit, or misrepresentation). The board adopted the
panel’s findings of fact and misconduct.
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{¶ 28} We find that there is clear and convincing evidence demonstrating
that Robertson violated Prof.Cond.R. 8.4(c) by certifying fee applications that were
incorrect and inflated because of her inefficient and inaccurate timekeeping
practices as well as her practice of billing for the time it took to download evidence
from the internet and for time expended by her support staff. We therefore adopt
the board’s finding of misconduct.
SANCTION
{¶ 29} When imposing sanctions for attorney misconduct, we consider all
relevant factors, including the ethical duties that the lawyer violated, the
aggravating and mitigating factors listed in Gov.Bar R. V(13), and the sanctions
imposed in similar cases. “We are ever mindful that the primary purpose of the
disciplinary process is not to punish the offender but to protect the public from
lawyers who are unworthy of the trust and confidence essential to the attorney-
client relationship.” Columbus Bar Assn. v. Kiesling, 2010-Ohio-1555, ¶ 44, citing
Disciplinary Counsel v. Agopian, 2006-Ohio-6510, ¶ 10.
{¶ 30} The parties stipulated and the panel found that one aggravating factor
is present in this case—Robertson engaged in a pattern of misconduct. See Gov.Bar
R. V(13)(B)(3).
{¶ 31} As for mitigating factors, the parties stipulated and the panel found
that Robertson had no prior discipline in her nearly 35 years of practice, made a
timely, good-faith effort to make restitution and rectify the consequences of her
misconduct, cooperated in the disciplinary proceedings, and presented evidence of
her good character and reputation. See Gov.Bar R. V(13)(C)(1), (3), (4), and (5).
{¶ 32} In support of her good character, Robertson submitted 14 letters, 11
from fellow attorneys, one from a retired judge, and two from sitting judges,
including Judge Thomas F. O’Malley of the Cuyahoga County Court of Common
Pleas, Juvenile Division, who also testified on her behalf pursuant to a subpoena.
Robertson also presented character testimony from retired Cuyahoga County
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Common Pleas Court Judge Brian John Corrigan, and attorney Jacqueline Askew
Johnson, a former federal public defender.
{¶ 33} Judge O’Malley testified that he had known Robertson for over 25
years. He noted that she had practiced in his courtroom and described her as
“tenacious,” “respected,” and “feared by the prosecutors.” He explained that
Robertson would take any case—good or bad—and that she is not afraid to go to
trial. Judge O’Malley did not believe that Robertson’s misconduct was intentional,
and he had no concerns about her ethics or her continuing to practice law. He also
expressed his belief that suspending Robertson would be a disservice to the
hundreds of people whom she represents.
{¶ 34} Retired Judge Corrigan testified that he had known Robertson since
1993 or 1994 and that she had handled every degree of felony in his courtroom. He
recalled a rape case in which Robertson had recorded videos of the area where the
alleged crime had taken place and credited her with “show[ing] the spunk and
initiative to go the extra mile to represent her client.” He explained, “There’s only
a few attorneys in Cuyahoga County that I’m aware of that are willing to go that
extra mile. She [is] one of them.” Judge Corrigan testified that he had never
anticipated Robertson’s “getting into a situation like this [disciplinary matter],” but
that it did not change his opinion of her. He concluded by stating that he had no
concerns with Robertson continuing to practice law.
{¶ 35} Attorney Johnson testified that she had known Robertson for more
than 35 years and that she had mentored Robertson because she noticed that
Robertson had a passion for criminal work. Johnson testified about the passion,
care, and concern that she observed Robertson put into her work and described her
as a “workaholic” who focuses more on her clients and “less on the actual business
of the practice.” Johnson stated that Robertson “has the highest reputation, and it’s
well deserved.” She expressed no concerns about Robertson’s ethics or her
continuing to practice law, and she informed the panel, “I think it would be an
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injustice to remove Deanna Robertson from the practice of law knowing that she
does the difficult work many people choose not to do or are burnt out [on].”
{¶ 36} In determining the appropriate sanction for Robertson’s misconduct,
the panel recognized that in Disciplinary Counsel v. Fowerbaugh, 1995-Ohio-261,
we held, “When an attorney engages in a course of conduct that violates [an ethical
rule prohibiting dishonesty, fraud, deceit, or misrepresentation], the attorney will
be actually suspended from the practice of law for an appropriate period of time.”
Id. at syllabus. The panel further acknowledged that this court has “not hesitated
to impose lesser sanctions in the presence of significant mitigating evidence,” see
Disciplinary Counsel v. Proctor, 2012-Ohio-684, ¶ 18, or “an abundance of
mitigating evidence,” see Disciplinary Counsel v. Markijohn, 2003-Ohio-4129,
¶ 8.
{¶ 37} The panel found that there was an abundance of mitigating evidence
present in this case that weighed against the Fowerbaugh presumption of an actual
suspension from the practice of law. Specifically, the panel cited Robertson’s full
cooperation in the disciplinary proceedings, her prompt payment of restitution, and
her implementation of protocols designed to prevent future overbilling. Finding
that Robertson poses no risk to her clients and continues to provide competent legal
representation, the panel determined that an actual suspension from the practice of
law would be a disservice to the individuals in need of qualified counsel.
{¶ 38} The panel factually distinguished this case from five others in which
we required attorneys to serve actual time away from the practice of law for
overbilling for court-appointed services. Specifically, the panel noted that the other
cases involved multiple rule violations—compared to a single rule violation in this
case—and that two of the cases involved much greater restitution. See Disciplinary
Counsel v. Holland, 2005-Ohio-5322 (imposing a one-year suspension on an
attorney who violated three ethical rules by inflating his fees by billing each client
for the aggregate time he had spent in court for all his clients on a given day
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regardless of the time spent on each client’s case); Disciplinary Counsel v. Johnson,
2005-Ohio-5323 (imposing a one-year suspension with six months conditionally
stayed on an inexperienced associate for the same misconduct at issue in Holland);
Toledo Bar Assn. v. Stahlbush, 2010-Ohio-3823 (imposing a two-year suspension
with one year conditionally stayed for four ethical violations arising from an
attorney’s failing to keep adequate time records, deceptively inflating fee requests,
and merely guessing at the time she had spent on a case); Dayton Bar Assn. v. Swift,
2014-Ohio-4835 (imposing a two-year suspension with one year conditionally
stayed for five ethical violations arising from an attorney’s failing to maintain any
contemporaneous time records and billing in half-hour increments, which resulted
in a $50,000 restitution order); Lorain Cty. Bar Assn. v. Robinson, 2021-Ohio-2123
(imposing a two-year suspension with one year conditionally stayed and a $79,319
restitution order for six ethical violations arising from the attorney’s knowingly
overbilling for court-appointed work to cover her own medical expenses).
{¶ 39} Instead, the panel determined that four of our more recent
decisions—namely McCloskey, 2023-Ohio-3447; Paxton, 2025-Ohio-5220
(adopting the parties’ consent-to-discipline agreement by entry); Mollica, 2025-
Ohio-5372; and Collins, 2025-Ohio-5393—demonstrate that this court will
dispense with an actual suspension from the practice of law in appointed-counsel
overbilling cases in the presence of significant mitigating evidence. As in this case,
the irregular billing in each of those cases was discovered during OPD audits of the
attorney’s court-appointed-counsel billing and resulted in single violations of
Prof.Cond.R. 8.4(c). McCloskey at ¶ 11-14, 22; Paxton board report at ¶ 17-22, 28
(the Paxton board report was filed Oct. 6, 2025, in case No. 2025-1318); Mollica
at ¶ 10-11, 14; Collins at ¶ 9-12, 18.
{¶ 40} McCloskey, Paxton, and Collins failed to maintain any
contemporaneous records of the time they had spent on any given case. McCloskey
at ¶ 9; Paxton board report at ¶ 14; Collins at ¶ 8. When it came time to prepare
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January Term, 2026
their fee applications, they used the case dockets and other documents such as their
notes, emails, telephone records, and text messages, to estimate the time they had
spent on a particular case. McCloskey at ¶ 9-10; Paxton board report at ¶ 15; Collins
at ¶ 8. Mollica used a software program to record his time, though like the others,
he sometimes had to estimate the time he had spent working for each client by
reviewing records such as case dockets or emails to estimate the time he had spent
on a task. Mollica at ¶ 5. His bills had also been inaccurate because the software
program he had used to track his time automatically inserted the date that the data
was entered and Mollica had sometimes forgotten to manually change it to the
correct date. Id. at ¶ 6.
{¶ 41} McCloskey, Mollica, and Collins also billed the same amount of “in-
court” time for many clients regardless of the actual time that they were in court on
a specific client’s behalf—a practice that was not employed in this case. McCloskey
at ¶ 13; Mollica at ¶ 11; Collins at ¶ 9. The overbilling at issue in McCloskey,
Paxton, Mollica, and Collins was found to have been the result of sloppy
recordkeeping rather than an intent to deceive the court. McCloskey at ¶ 18; Paxton
board report at ¶ 25; Mollica at ¶ 12; Collins at ¶ 13. In this case, Robertson’s
overbilling also arose from her mistaken belief that her billing practices were
permissible.
{¶ 42} The aggravating and mitigating factors in each of those four cases
were nearly identical to those present here, with the most significant differences
being the number of character letters submitted (here, letters from two judges, one
former judge, and 11 attorneys)—and the fact that Robertson also had three
character witnesses testify on her behalf. McCloskey at ¶ 24 (letters from three
judges, one former judge, and two attorneys); Paxton board report at ¶ 31-32 (letters
from 12 attorneys and three laypersons); Mollica at ¶ 16 (letters from one judge,
one magistrate, 36 attorneys, and one layperson); Collins at ¶ 20 (letters from three
attorneys and one judge).
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{¶ 43} To aid in comparing the facts of this case to those of McCloskey,
Paxton, Mollica, and Collins, the details of each attorney’s overbilling, the
restitution paid, and the sanction imposed for each attorney’s misconduct are set
forth in the table below:
Case Days Days Days Total Restitution Sanction
over between between hours Total
24 20-24 16-19.9 over 16
hours hours hours
McCloskey2 3 13 22 128.6 $6,430 One
(over 2 year,
audited stayed
years)
Paxton3 2 8 18 93.6 (over $4,212 One
1 audited year,
year) stayed
Mollica4 10 8 24 185.4 $10,197 One
(over 1 year,
audited stayed
year)
2. McCloskey at ¶ 11, 16, 19, 38.
3. Paxton board report at ¶ 18, 19, 26; Paxton, 2025-Ohio-5220.
4. Mollica at ¶ 10, 13, 25.
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January Term, 2026
Collins5 4 34 110 365 (over $22,8106 Two
2 audited years,
years) stayed
Robertson 7 20 46 282.4 $16,324 TBD
(over 2+
audited
years)
{¶ 44} Robertson’s overbilling and the restitution she paid as a consequence
of that misconduct falls between that of Mollica on the lower end and Collins on
the higher end, with Robertson having the second highest numbers in each category.
While Mollica owed just $6,127 less in restitution than Robertson, all his
overbilling occurred during a single audited billing year rather than the two years
at issue in this case and Collins. Mollica at ¶ 10, 13. Moreover, Robertson had
more than twice as many days on which she billed 20 to 24 hours as Mollica had.
Mollica at ¶ 10. But when compared to Robertson, Collins had more than twice as
many days on which he billed between 16 and 19.9 hours and 1.7 times as many
days on which he billed 20 to 24 hours. Further, Collins owed roughly 40 percent
more restitution than Robertson.
{¶ 45} After conducting a numerical analysis of McCloskey, Paxton,
Mollica, and Collins, and considering the distinctive aspects of Robertson’s billing
practices, the panel accepted the parties’ stipulated sanction and recommended that
we impose an 18-month stayed suspension for Robertson’s misconduct. The panel
found that that sanction appropriately aligned with the sanction continuum
5. Collins at ¶ 9, 11, 15-16, 31.
6. The amount of restitution paid by Collins represented a compromise between the $19,695.50
calculated by OPD and the $25,925 calculated by the relator. Collins at ¶ 15-16.
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established in recent court-appointed-billing matters—falling halfway between the
one-year stayed suspension we imposed in McCloskey, Paxton, and Mollica and the
two-year stayed suspension we imposed in Collins.
{¶ 46} The board, however, emphasized the evidence of Robertson’s good
character and reputation, her timely payment of restitution, and the low probability
that Robertson would repeat her misconduct to support its recommendation that
Robertson be suspended for one year and that the suspension be stayed in its
entirety.
{¶ 47} Based on the foregoing, we adopt the board’s recommended sanction
and find that a fully stayed one-year suspension is sufficient to protect the public
from further misconduct.
CONCLUSION
{¶ 48} Accordingly, Deanna Robertson is hereby suspended from the
practice of law in Ohio for one year, with the entire suspension stayed on the
condition that she engage in no further misconduct. If Robertson fails to comply
with the condition of the stay, the stay will be revoked and she will serve the entire
one-year suspension. Costs are taxed to Robertson.
Judgment accordingly.
__________________
Joseph M. Caligiuri, Disciplinary Counsel, and Michelle A. Hall, Chief
Assistant Disciplinary Counsel, for relator.
Amundsen Davis, L.L.C., Larry H. James, and Marissa R. Borschke, for
respondent.
__________________
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