Disciplinary Counsel v. Warren
147 Ohio St. 3d 406
| Ohio | 2016Background
- Kenneth Jay Warren, an Ohio attorney admitted in 1977, was convicted of one count of sexual battery (State v. Warren) after a jury trial and was sentenced to community control, sex-offender treatment, fines, and a no-contact order.
- The criminal conduct involved sexual contact with a woman who had been provided a sleeping pill and was incapacitated; Warren was acquitted of rape.
- Warren was interim-suspended from the practice of law following his felony conviction; disciplinary charges alleging professional misconduct were later filed.
- Warren stipulated that his conduct violated Prof.Cond.R. 8.4(b) (an illegal act reflecting adversely on honesty/trustworthiness).
- The parties and the Board agreed on a consent-to-discipline sanction: a two-year suspension with no portion stayed, no credit for time served under the interim felony suspension, and a requirement to show compliance with criminal-sentence terms upon seeking reinstatement.
- The Supreme Court of Ohio adopted the consent agreement and entered a two-year suspension, taxing costs to Warren; two justices dissented on aspects of the sanction/credit issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Warren violated Prof.Cond.R. 8.4(b) by committing a felony sexual battery | Disciplinary Counsel: felony sexual conduct reflecting adversely on honesty/trustworthiness violates 8.4(b) | Warren: stipulated to the conduct but facts (social relationship; adult victim) mitigate severity | Court: Agreed violation of Prof.Cond.R. 8.4(b) was established |
| Appropriate disciplinary sanction for the misconduct | Counsel: two-year suspension is appropriate given the felony conviction and mitigating factors | Warren: agreed to two-year suspension under consent-to-discipline | Court: Adopted the stipulated two-year suspension with no portion stayed |
| Whether interim felony suspension time should be credited against the disciplinary sanction | Implicitly, Warren sought credit for interim suspension time served | Disciplinary Counsel: no credit should be given; sanction should run anew | Court: Denied credit for time served under interim felony suspension |
| Reinstatement conditions after suspension | Counsel: require demonstration of full compliance with criminal sentence and community-control terms before reinstatement | Warren: agreed to such conditions as part of consent | Court: Adopted condition requiring proof of full compliance upon application for reinstatement |
Key Cases Cited
- Disciplinary Counsel v. Petroff, 85 Ohio St.3d 396 (one-year suspension imposed for felony unrelated to client representation)
- Disciplinary Counsel v. Pappas, 141 Ohio St.3d 1 (two-year suspension for felony involving false statements and related misconduct)
- Cleveland Metro. Bar Assn. v. Haynes, 143 Ohio St.3d 528 (two-year suspension with portion stayed for felony fraud scheme)
- Disciplinary Counsel v. Goldblatt, 118 Ohio St.3d 310 (indefinite suspension for felony sexual conduct involving a minor)
- Dayton Bar Assn. v. Greenberg, 135 Ohio St.3d 430 (indefinite suspension for possession/transfer of child pornography)