The Supreme Court of Ohio today suspended a Wooster attorney for one year after he was arrested for improperly handling a firearm while driving impaired.

In a per curiam opinion, the Court suspended Rodney Haven and imposed several conditions he must meet to be reinstated. Haven was found in violation of professional conduct rules stemming from his 2023 arrest,  his behavior during a divorce proceeding, and his 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. Justice Jennifer Brunner did not participate in the case.

Attorney Arrested After Police Standoff
In January 2023, the Wooster Police Department received a tip from a suicide hotline that Haven was armed and suicidal. The call came days after Haven learned his wife was leaving him. After speaking with Haven on the phone, police believed he had calmed down and did not visit his home.

Later that day, police learned Haven was planning to drive out of state and were concerned he was armed, intoxicated, and possibly suicidal. Multiple police cruisers stopped him on a state highway. He refused to get out of his vehicle for 24 minutes. He told police he had a loaded firearm, and he repeatedly told the police to shoot him.

An officer was able to speak with Haven on his cellphone and after about 40 minutes, Haven exited the vehicle and was taken into custody. The officer found a loaded handgun in the center console.

Haven was transported to a hospital for an emergency mental health evaluation. His blood alcohol level was more than three times the legal limit. He was indicted for improperly handling a firearm in a motor vehicle and for operating a motor vehicle while impaired (OVI).

Haven received intervention in lieu of conviction for the firearm charge, and agreed to complete a 72-hour driver intervention for the OVI charge. He was also sentenced to one year of community control.

Attorney’s Actions at Divorce and Disciplinary Proceedings Raise Concern
Haven’s wife filed for divorce in January 2023, and Haven appeared at a September 2023 hearing before a Wayne County Common Pleas Court magistrate. During cross-examination, Haven repeatedly failed to respond to questions directly and remained highly agitated. Even after the magistrate directed him to respond to the questions, Haven continued to provide erratic responses and commentary throughout the hearing.

The magistrate suspended the hearing and ordered Haven to undergo a psychological evaluation to determine if he was competent to proceed with the case. A psychologist reported Haven was able to participate in the case.

In December 2023, the Office of the Disciplinary Counsel filed a complaint with the Board of Professional Conduct based on his conviction and behavior during the divorce case. A three-member board panel conducting his disciplinary hearing described Haven as having “irrational and irrelevant outbursts.” The panel noted Haven was suffering the same mental health issues in the disciplinary hearing that contributed to his arrest and courtroom behavior.

The board found Haven engaged in conduct that adversely reflects on his fitness to practice law, and conduct prejudicial to the administration of justice.

Court Considered Sanction
In recommending a proposed sanction to the Court, the board noted Haven had no prior disciplinary record and was complying with the terms of his sentence. The board noted he completed 60 hours of community service as part of his in lieu of conviction treatment, finished the 72-hour OVI diversion program, and participated in more than 160 hours of treatment and counseling. He also paid all fines and costs related to his conviction and remains on probation until July 2025.

The board suggested Haven be suspended for one year and meet several conditions before being reinstated. The board made its suggestion after comparing Haven’s actions to other attorneys suspended for similar misconduct.

The Court agreed, noting that the “reckless and dangerous actions leading up to Haven’s OVI and firearm charges put officers in danger.” The opinion also stated that his courtroom behavior was unintentional, but was caused by his mental health issues.

“Haven’s misconduct was egregious, but his actions did not adversely affect clients or involve acts of dishonesty. Instead, his misconduct calls into question his fitness to practice law,” the Court stated.

To be reinstated, the Court required Haven to complete his intervention in lieu of conviction, not receive any community control sanctions or incur any further criminal charges, and complete three hours of continuing legal education focused on alcoholism, substance abuse, or mental health issues. He must also complete an Ohio Lawyers Assistance Program evaluation and comply with any recommended treatment. Additionally, he must provide proof from a qualified health care professional that he is not suffering from a disorder that would impair his ability to practice law and that he can return to the competent, ethical, professional practice of law. He was also required to pay the costs of the disciplinary proceedings.

2024-1108. Disciplinary Counsel v. Haven, Slip Opinion No. 2024-Ohio-5278.

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