2021 Ohio 1136
Ohio2021Background
- Anthony J. Polizzi Jr., admitted to the Ohio bar in 2013, formerly taught at Cornerstone Christian Academy (2006–2010).
- While a teacher/coach he engaged in repeated sexual conduct with two students between 2007 and 2010; the conduct predated his bar admission.
- Indicted in 2017, Polizzi pleaded guilty in March 2018 to two counts of gross sexual imposition and multiple counts of sexual battery; he was convicted, designated a Tier III sex offender, and sentenced to a lengthy prison term (resentenced in 2020).
- Disciplinary Counsel charged violations of Prof.Cond.R. 8.4(b) and 8.4(h); the parties stipulated facts and aggravating/mitigating factors but disagreed on sanction.
- The Board of Professional Conduct recommended permanent disbarment, citing abuse of authority, ongoing victim contact, lack of full remorse, and victim-shaming; the Supreme Court of Ohio adopted the board’s findings and ordered permanent disbarment.
- A three-justice dissent argued permanent disbarment was excessive because the criminal acts occurred before bar admission and precedent supports indefinite suspension in comparable pre-admission or non-practice-related misconduct.
Issues
| Issue | Plaintiff's Argument (Disciplinary Counsel) | Defendant's Argument (Polizzi) | Held |
|---|---|---|---|
| Whether Polizzi’s criminal conduct violated Prof.Cond.R. 8.4(b) and 8.4(h) | Criminal convictions and stipulated facts show illegal acts reflecting on honesty/trustworthiness and fitness to practice | Crimes occurred before bar admission and some post-offense conduct predates practice; convictions notwithstanding, mitigation exists | Court adopted board’s findings: violations of Prof.Cond.R. 8.4(b) and 8.4(h) upheld |
| Whether the board properly weighed aggravating/mitigating factors (esp. acceptance of responsibility) | Aggravators: dishonest/selfish motive, pattern, multiple offenses, harm to vulnerable victims, failure to fully accept responsibility; mitigating factors minimal | Polizzi asserted remorse, prior volunteer work, cooperation, no prior discipline and argued acceptance of responsibility should mitigate sanction | Court found record supports aggravators (including lack of full remorse) and gave little weight to proffered mitigators |
| Appropriate sanction: permanent disbarment vs indefinite suspension | Permanent disbarment necessary to protect public and preserve profession given use of force/threats, authority abuse, ongoing victim contact, lifetime Tier III status | Precedent includes many indefinite suspensions for sexual offenses; crimes occurred before admission; indefinite suspension would be proportionate and allow rehabilitation | Court ordered permanent disbarment; dissent would have imposed indefinite suspension |
Key Cases Cited
- Disciplinary Counsel v. Williams, 130 Ohio St.3d 341 (Ohio 2011) (permanent disbarment for attorney convicted of raping a child)
- Disciplinary Counsel v. Grossman, 143 Ohio St.3d 302 (Ohio 2015) (indefinite suspension for convictions involving child pornography and attempted sexual encounter with a purported minor)
- Disciplinary Counsel v. Ridenbaugh, 122 Ohio St.3d 583 (Ohio 2009) (indefinite suspension for pandering sexually oriented matter involving a minor and voyeurism)
- Cincinnati Bar Assn. v. Lisner, 65 Ohio St.2d 62 (Ohio 1981) (permanent disbarment after conviction for gross sexual imposition)
- Disciplinary Counsel v. Sturgeon, 111 Ohio St.3d 285 (Ohio 2006) (permanent disbarment for coercive sexual misconduct with vulnerable clients)
- Disciplinary Counsel v. Clark, 40 Ohio St.3d 81 (Ohio 1988) (indefinite suspension for serious pre-admission criminal activity; court rejected permanent disbarment)
- In re Application of Daubenmire, 137 Ohio St.3d 435 (Ohio 2013) (bar-application disapproval where applicant was a registered sex offender; public confidence concerns)