2020 Ohio 3339
Ohio2020Background
- David Kelsey Connors, admitted in 2013, was criminally charged after police found images of child pornography on his electronic devices; he pled guilty to one count of illegal use of a minor in nudity-oriented material (fifth-degree felony) and was sentenced to two years community control and Tier I sex-offender registration for 15 years.
- The Supreme Court placed Connors on interim suspension in May 2019 after his felony conviction.
- Disciplinary Counsel charged Connors with violations of Prof.Cond.R. 8.4(b) and 8.4(h) for committing an illegal act and engaging in conduct that reflects adversely on his fitness to practice law.
- The parties stipulated to the facts, violations, aggravating factors (multiple offenses; harm to vulnerable victims), and mitigating factors (no prior discipline; cooperation; treatment received), and agreed that an indefinite suspension is the appropriate sanction.
- The Board of Professional Conduct found misconduct as stipulated, adopted the parties’ recommended sanction, and the Court independently reviewed and accepted that recommendation.
- The Court indefinitely suspended Connors with no credit for time served under the interim felony suspension and conditioned reinstatement on compliance with community control, continued treatment, and a qualified healthcare professional’s favorable prognosis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Connors’ conduct violated Prof.Cond.R. 8.4(b) and 8.4(h) | Conviction for felony sex offense involving children reflects adversely on honesty, trustworthiness, and fitness to practice | Connors minimized conduct (challenged number/characterization of images) and asserted lack of intent to download illegal material | Court accepted stipulated violations; found felony conviction involving children (moral turpitude) warranted additional 8.4(h) finding |
| Appropriate disciplinary sanction | Indefinite suspension is appropriate given the seriousness and precedent | Mitigating factors (no prior record, cooperation, treatment) could counsel for lesser sanction | Court imposed indefinite suspension, agreeing with parties and board |
| Credit for interim felony suspension time served | No credit should be given | Connors argued for credit (implicitly) | Court denied credit for interim suspension time |
| Conditions for reinstatement | Reinstatement should require compliance with community control, continued treatment, and a qualified professional’s prognosis | Connors agreed to stipulated conditions | Court imposed the stipulated conditions on reinstatement |
Key Cases Cited
- Disciplinary Counsel v. Bricker, 137 Ohio St.3d 35, 997 N.E.2d 500 (Ohio 2013) (felony sex offenses involving children can support fitness-to-practice violations)
- Disciplinary Counsel v. Ridenbaugh, 122 Ohio St.3d 583, 913 N.E.2d 443 (Ohio 2009) (indefinite suspension for attorneys convicted of offenses involving child pornography)
- Dayton Bar Assn. v. Ballato, 143 Ohio St.3d 76, 34 N.E.3d 858 (Ohio 2014) (indefinite suspension for possession of child pornography)
- Disciplinary Counsel v. Grossman, 143 Ohio St.3d 302, 37 N.E.3d 155 (Ohio 2015) (indefinite suspension after conviction for receipt of child-pornography depictions)
- Disciplinary Counsel v. Martyniuk, 150 Ohio St.3d 220, 80 N.E.3d 488 (Ohio 2017) (indefinite suspension for extensive pandering of sexually oriented material involving minors)