State board recommends Avon attorney James Lindon's license be suspended

The Ohio Supreme Court Board of Professional Conduct has recommended the indefinite suspension of an Avon attorney's law license in a finding announced Tuesday. The board recommended to the Ohio Supreme Court that James Lindon have his license suspended for two years with no credit for time served — with the second year suspended on the condition that he remain drug- and alcohol-free, commit no further crimes, get mental health and substance abuse counseling and pay costs totaling nearly $1,139. Lindon previously was suspended from the practice of law in June 2016 after being convicted of three felony charges, an interim suspension that remains in effect, according to board documents. In May 2015, Lindon was the subject of an investigation by the Cleveland Clinic Department of Protective Operations after being caught stealing drugs from the Crile Pharmacy Building in Cleveland, where he worked as a pharmacist. Security personnel reviewed video in June 2015 showing Lindon removing a bottle of hydrocodone painkillers from a basket, "dumping something from the bottle into his hand and then into his pocket," according to board documents. When approached by a security officer, Lindon then "removed something from his pocket and placed it directly into his mouth." A search of his pockets revealed two pills of the painkiller Tramadol and one hydrocodone pill. Lindon was indicted in Cuyahoga County Common Pleas Court on three felony charges including tampering with evidence, theft and drug possession, and represented himself at trial in June 2016. A jury found him guilty on all three charges, and a judge sentenced him to two years of probation, drug testing, counseling and treatment and he was fined $750. He successfully completed probation and court-ordered drug treatment and paid the fine, according to board documents. A successful appeal resulted in another hearing at which Lindon's argument that evidence against him should have been suppressed was denied. Lindon also voluntarily entered the Ohio Lawyer's Assistance Program, or OLAP, an organization "dedicated to helping Ohio's judges, attorneys, and law students obtain treatment for substance use disorders and mental health issues," according to its website. However, Lindon later testified "he was terminated from the program because he is an atheist and does not believe in a higher power which is part of the 12-step program," according to board documents. "Despite this, he continued to attend AA meetings once a week and continued to attend them at the time of the hearing" before a disciplinary panel. Lindon's pharmacy license was permanently suspended in October 2016. He continued to argue before the Board of Professional Conduct that he had been wrongfully convicted "and refused to acknowledge the wrongful nature of his conduct," but was otherwise cooperative, the board noted. He also admitted that he had used opioids since 2005 when he was prescribed them for migraine headaches, but denied ever stealing opioids and only took what was prescribed by a doctor, according to the board. Lindon sued OLAP in Lorain County Common Pleas Court in August 2018, claiming its reliance on a faith-based recovery program and collection of enrollment fees even if he chose a non-faith based treatment program harmed him because he is an atheist. Judge John Miraldi ruled in OLAP's favor in May 2019 and dismissed Lindon's lawsuit, according to court records. According to board documents, Lindon previously was disciplined by the Ohio Supreme Court in January 2010 after being publicly reprimanded by the Attorney Discipline Board of the State of Michigan in August 2009.