Disciplinary Counsel v. Martyniuk, 150 Ohio St. 3d 220

Andrew O. Martyniuk, admitted 1995, pleaded guilty on September 29, 2014 to 20 counts of pandering sexually oriented material involving a minor (fourth-degree felonies).
He stipulated he knowingly solicited, received, purchased, exchanged, possessed, or controlled sexually explicit material showing a minor; sentenced to five years suspended prison, five years community control, sex-offender evaluation and registration as a Tier II offender for 25 years.
Relator (Disciplinary Counsel) charged violations of Prof.Cond.R. 8.4(b) (illegal acts reflecting on honesty/trustworthiness) and 8.4(h) (conduct reflecting on fitness to practice) based on the convictions.
The Board found violations of both rules, adopting Bricker as authority that pornographic conduct involving minors is sufficiently egregious to support a sanction.
Aggravating factor: multiple offenses. Mitigating factors: no prior discipline, full disclosure/self-reporting, cooperation, acknowledgment of wrongdoing, and other penalties imposed.
The Board recommended an indefinite suspension with no credit for the interim felony suspension; the Supreme Court adopted that recommendation and taxed costs to Martyniuk.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether respondent's criminal conduct violated Prof.Cond.R. 8.4(h) (fitness).	Martyniuk's possession and trafficking of child-related pornography shows conduct adversely reflecting on fitness.	Martyniuk acknowledged wrongdoing and cooperated; mitigation should limit sanction.	Violation of Rule 8.4(h) found.
Whether respondent's criminal conduct violated Prof.Cond.R. 8.4(b) (illegal acts reflecting on honesty/trustworthiness).	The illegal acts (felony convictions) adversely reflect on honesty and trustworthiness and breach Rule 8.4(b).	Mitigation and lack of active law practice argue against harsh sanction.	Violation of Rule 8.4(b) found.
Appropriate discipline for sexually motivated criminal conduct involving minors.	Indefinite suspension with no credit for interim felony suspension is appropriate and necessary to protect public confidence.	Defense urged consideration of mitigation and limited practice history; sought lesser sanction.	Court imposed indefinite suspension with no credit for interim suspension, adopting Board's recommendation.
Credit for time served under interim felony suspension.	No credit should be given because the misconduct is egregious and consistent with precedent.	Defense implicitly sought credit given interim suspension already in place.	No credit granted for interim suspension time.

Disciplinary Counsel v. Bricker, 137 Ohio St.3d 35 (2013) (pornographic conduct involving minors can be sufficiently egregious to support disciplinary violations)
Disciplinary Counsel v. Grossman, 143 Ohio St.3d 302 (2015) (indefinite suspension for attorney convicted of receiving child pornography and engaging in undercover sexual conduct)
Dayton Bar Assn. v. Ballato, 143 Ohio St.3d 76 (2014) (indefinite suspension for attorney convicted of possessing child pornography)
Disciplinary Counsel v. Butler, 128 Ohio St.3d 319 (2011) (indefinite suspension for multiple felony counts of pandering sexually oriented material involving a minor)