2011 Ohio 5163
Ohio2011Background
- Disciplinary Counsel v. Williams involves Joseph Norman Williams, an Ohio attorney admitted in 1986, who is incarcerated and previously suspended for CLE and registration failures.
- Williams was placed under an interim felony suspension in October 2010 pending disciplinary proceedings, with the rule that CLE-related sanctions do not count toward attorney-m misconduct penalties.
- In June 2008 Williams was indicted on three counts of raping his seven-year-old nephew and one count of kidnapping with a sexual motive; he was convicted on December 30, 2008, with the kidnapping merger affecting the rape convictions.
- One rape conviction and its life sentence were later vacated on appeal, leaving a certain conviction and life sentence intact.
- The Master Commissioner and Board found Williams violated DR 1-102(A)(3) (moral turpitude) and 1-102(A)(6) (fitness to practice) and recommended permanent disbarment, which the Court adopted.
- Because of the underlying felony convictions involving child rape, the Court permanently disbars Williams and taxes costs to him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams’ conduct warranted permanent disbarment | Williams’ rapes of a child show grave misconduct and reflect on fitness to practice. | N/A | Permanent disbarment approved |
| Whether the misconduct violated DR 1-102(A)(3) and (A)(6) | Misconduct included moral turpitude and reflects loss of fitness to practice. | N/A | Findings adopted; violations established |
| Whether aggravating and mitigating factors support the sanction | Board found multiple aggravators; Williams lacked cooperation; other penalties imposed mitigated none. | N/A | Aggravating factors support permanent disbarment |
Key Cases Cited
- Disciplinary Counsel v. Gallagher, 82 Ohio St.3d 51 (1998) (permanent disbarment for murder-related conduct consistent)
- Disciplinary Counsel v. Rocker, 85 Ohio St.3d 397 (1999) (disbarment for aggravated murder)
- Columbus Bar Assn. v. Riebel, 51 Ohio St.3d 106 (1990) (disbarment for multiple crimes including attempted murder)
- Bar Assn. of Greater Cleveland v. Steele, 65 Ohio St.2d 1 (1981) (disbarment for first-degree murder conviction)
- Disciplinary Counsel v. Zemba, 97 Ohio St.3d 489 (2002) (permanent disbarment for crimes involving moral turpitude)