The Kentucky Supreme Court has temporarily suspended the law license of Ben Dusing, a high-profile Northern Kentucky attorney.
An order issued Thursday by the Supreme Court said Dusing is "suspended until further orders of this court."
In November 2021, a motion was filed to suspend Dusing's license, saying he made threats against two other attorneys and used amphetamines while representing a client.
Dusing, 46, is required to undergo a psychological evaluation within 90 days to determine his "mental fitness to continue in the practice of law," the order says. He must also remove his name from his Fort Wright-based law firm.
Dusing, of Fort Mitchell, is the attorney for former Cincinnati city councilman Jeff Pastor, who is facing federal corruption charges. Last month, Dusing held a news conference and announced that Pastor will not take a plea deal and wants to stand trial. Dusing is also running for family court judge in Kenton County.
At a Thursday afternoon press conference, Dusing said he will do whatever he needs to, to have his license reinstated.
"I certainly didn't intend to break any rules," Dusing said, "and I respect the process, and I'm accountable same as anybody else if I did."
Dusing couldn't speak to how his suspension would affect Pastor's trial and said he would refer to the advice of his attorney on if he's able to continue practicing law in Ohio. As of 5:15 p.m. Thursday, Dusing was still licensed in Ohio.
Dusing said he still plans to run for family court judge. Judges in Kentucky must be licensed to practice law in the commonwealth.
'Inappropriate and improper' behavior
On Nov. 2, 2021, Dusing posted a video on Facebook regarding an ongoing custody case in Kenton County Family Court. According to the Supreme Court's order, Dusing claimed that Kenton County Family Court was corrupt. Also in the video, Dusing threatened he "would blow them up," referring to Stephanie Dietz, the attorney representing the mother of his child, as well as a family court staff attorney.
Two days later, Judge Christopher Mehling recused himself from Dusing's ongoing family court cases, saying there would be an appearance of bias since Dusing threatened a court staff member.
"It was inappropriate and improper for anyone, let alone a member of the Kentucky Bar, to post such a video about a court proceeding in which he is involved," Mehling wrote in his recusal order.
The court's staff attorney, who was threatened, became fearful for her life after seeing the video, Mehling wrote in the order.
"This court must observe that if any litigant can behave in this manner without any consequences, our justice system surely is in grave peril," Mehling said. "This behavior is nothing more than bullying of a court by a litigant. This is magnified by the fact that the litigant is a lawyer authorized to practice law in this Commonwealth."
In an affidavit, Dietz called Dusing's behavior "psychological, physical and legal abuse." She also described her "utter fear" of Dusing.
Former CEO: Dusing was 'unprepared'
Also included in the petition for suspension was a notarized complaint against Dusing by Michael Hild, the former CEO of Live Well Financial who Dusing represented in a federal fraud trial in New York.
Hild alleged Dusing was visibly consuming prescription drugs during his trial. He called Dusing "unprepared" and "disheveled," saying he couldn't "piece together full sentences when questioning witnesses."
Hild also said Dusing sent a paralegal to a pharmacy to obtain "a large prescription bottle," according to the order.
Dusing admitted to the court, through his own attorney, that he posted the Facebook video and said "give me a reason to blow your asses up." Dusing, through his attorney, said that he meant it figuratively – that they should face legal and disciplinary action. Dusing deleted the video from his Facebook page after learning Dietz felt threatened.
In the suspension order, Dusing also says he's been sober for more than 19 years and that the drug described by Hild was Adderall, a prescription for his attention-deficit hyperactivity disorder.
At Thursday's press conference, Dusing said he regretted any harm that had come from his actions.
"I always regret if my words or actions hurt anybody else, ..." he said. "If my actions or words hurt anybody or caused anybody any anxiety or negative feelings at all, I absolutely care about that."
Northern Kentucky reporter Rachel Berry can be reached at [email protected]. Follow her on Twitter @racheldberry.
Source link
