2018 Ohio 3857
Ohio2018Background
- On April 9, 2015, respondent John J. Okuley (admitted 2003) was involved in a roadway incident in which bicyclist Eric Hansen collided with Okuley’s car; eyewitness John Bahling recorded part of the event on his phone.
- Eyewitnesses testified that Okuley sped past Hansen, pulled in front of him, braked, causing Hansen to strike the rear of Okuley’s car; Bahling began video recording and a physical altercation followed in which Bahling’s phone was dropped and crushed.
- Okuley maintained he followed Hansen after thinking Hansen had struck his car, that Hansen then rode into his car, and that Okuley seized Bahling’s phone only to preserve evidence; witnesses and recordings contradicted these accounts.
- Okuley was criminally charged, entered a no-contest plea to criminal damaging, paid restitution and fines, and later settled a civil suit with Bahling for $5,000.
- The Columbus Bar Association charged Okuley with multiple professional-conduct violations for destroying evidence and making false statements to police, the prosecutor, the court, and during disciplinary proceedings; a panel found most charges proven and recommended a one-year suspension with six months stayed; the Board increased that to a two-year suspension with one year stayed.
- The Supreme Court reviewed the board’s findings, agreed on the misconduct findings, sustained Okuley’s objection to the increased sanction, and imposed a one-year suspension with the final six months stayed conditioned on OLAP compliance and no further misconduct.
Issues
| Issue | Plaintiff's Argument (Relator) | Defendant's Argument (Okuley) | Held |
|---|---|---|---|
| Whether Okuley unlawfully altered/destroyed evidence and engaged in deceitful conduct (Rules 3.4(a), 8.4(c), 8.4(h)) | Relator: Okuley intentionally smashed Bahling’s phone to destroy video and lied to police and prosecutor | Okuley: he acted to preserve evidence after being assaulted; disputed many facts; later reconsidered some factual points | Court: Found violations for destroying evidence and making dishonest statements; misconduct proven |
| Whether Okuley gave false testimony/statements in deposition, civil answer/counterclaim and disciplinary proceedings (Rules 3.3, 3.1, 8.1, 8.4(c)) | Relator: Okuley repeatedly made knowingly false statements under oath and in pleadings, contradicting video and witnesses | Okuley: maintained his version, later claimed rethinking after hearing witnesses; argued mitigating weight should be given to criminal/civil sanctions already imposed | Court: Found deposition and court-pleading falsehoods proved; violations sustained |
| Appropriate discipline (length/stay and conditions) | Board: two-year suspension, one year stayed, due to ongoing deceit, evasive testimony, lack of remorse | Okuley: argued panel’s one-year suspension with six months stayed was adequate; cited criminal/civil penalties and mitigation | Court: Adopted panel’s sanction—one-year suspension with final six months stayed conditioned on OLAP compliance and no further misconduct |
Key Cases Cited
- Cleveland Metro. Bar Assn. v. Azman, 147 Ohio St.3d 379, 66 N.E.3d 695 (2016) (attorney who deleted employer emails and lied at deposition suspended for one year, six months stayed)
- Warren Cty. Bar Assn. v. Vardiman, 146 Ohio St.3d 23, 51 N.E.3d 587 (2016) (attorney who forged signatures and filed fraudulent documents received one-year suspension, six months stayed)