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Court suspends Atty. DiMartino on bigamy charge
COLUMBUS — The Ohio Supreme Court has suspended Boardman Atty. Dennis A. DiMartino from law practice for six months on a bigamy charge.
The court also ordered him to serve that suspension concurrently with a one-year suspension it earlier had imposed.
The court found that, by engaging in his most recent misconduct, DiMartino violated the terms of a previous one-year suspension for unrelated rule violations that was stayed on the condition that he not re-offend.
A telephone number listed for DiMartino’s office was disconnected. DiMartino’s lawyer, John B. Juhasz, could not be reached to comment.
In July 2007, the top court had imposed a one-year suspension on DiMartino for failing to diligently represent a client for whom he had promised to seek post-conviction relief, but it stayed that suspension on the condition of monitored probation and no further misconduct.
The state supreme court also had imposed a six-month stayed suspension on DiMartino in December 1994 because he failed to timely respond to a client’s inquiries about her case, to provide that client with a settlement statement, and to promptly forward the client her portion of settlement proceeds.
In imposing the suspension Wednesday, the high court said DiMartino falsely stated on a North Carolina marriage license application that he had never been married before and entered into a bigamous second marriage in that state before a divorce from his first wife in Ohio had been finalized.
In a unanimous opinion, the seven top court justices adopted findings by the Board of Commissioners on Grievances and Discipline that DiMartino’s actions violated the state attorney discipline rule that prohibits conduct involving fraud, deceit, dishonesty or misrepresentation.
DiMartino, who has been an Ohio lawyer since 1987, admitted his conduct violated Ohio’s professional standards for lawyers, the top court said. “He has expressed great remorse and embarrassment over his wrongdoing,” the top court noted.
In April 2007, DiMartino filed for an Ohio divorce from a woman he had married in 2001. He arranged to marry another woman in North Carolina on July 7, 2007, expecting his divorce to be finalized by that time, the top court said.
“However, negotiations to terminate the marriage broke down, and the divorce did not become final by the respondent’s new wedding date. Respondent nevertheless married again,” the top court said.
DiMartino signed a marriage license application in which he falsely stated it was his first marriage and did not tell his new wife he wasn’t yet divorced, the opinion said.
Di Martino’s first wife alerted North Carolina authorities and complained to the Ohio lawyer disciplinary counsel, saying his conduct was unethical.
Although bigamy is a felony in North Carolina, authorities there decided not to prosecute. DiMartino’s divorce became final in August 2007, and he then legally married his second wife, the top court said.
“Testimony from his character witness and many reference letters as to his professional competence and commitment to clients weigh heavily in his favor,” said the top court, which described DiMartino as “a seasoned criminal defense attorney.”
The justices, however, said his new misconduct requires imposition of the previously-stayed one-year suspension.
milliken@vindy.com