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Disciplinary Counsel v. Williams.
152 Ohio St. 3d 57
Ohio
2017
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Background

  • Cynthia Ann Williams, admitted 1991, served as a magistrate in Highland County (general division since 1997; probate/juvenile added 2015).
  • In the early morning of July 9, 2016, an Ohio State Highway Patrol trooper stopped Williams for drifting over a fog line; he administered field-sobriety tests after she admitted to drinking two beers.
  • During the stop and after being handcuffed, Williams repeatedly invoked her judicial status ("I’m a magistrate," "I’m a judge") and referenced her son’s Secret Service employment while attempting to avoid arrest and seeking to speak with an attorney.
  • The trooper did not ask about her judicial status; the parties stipulated he would have testified he believed she mentioned it to avoid arrest.
  • Williams pled no contest to reckless operation (third-degree misdemeanor); she was convicted and received jail time (mostly suspended), fines, community-control, license suspension with limited privileges.
  • The Board of Professional Conduct found Williams violated Prof.Cond.R. 1.3 (abusing the prestige of judicial office to advance personal interests) and recommended a public reprimand; the Supreme Court adopted the finding and imposed a public reprimand.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Williams abused the prestige of judicial office by invoking her judicial status during a traffic stop to avoid arrest Disciplinary Counsel: Williams repeatedly asserted judicial status to influence the trooper and avoid arrest, violating Prof.Cond.R. 1.3 Williams: Her statements were incidental or not solicited by the trooper; they did not change the trooper’s actions Court: Williams’ repeated assertions of her judicial status to avoid arrest violated Prof.Cond.R. 1.3; misconduct established
Appropriate sanction for the misconduct Disciplinary Counsel: Public reprimand is commensurate with similar judicial-misconduct precedents Williams: Mitigating factors (no prior record, cooperation, character evidence, other penalties already imposed) argue against harsher discipline Court: Considering mitigating factors and comparable cases, a public reprimand is appropriate; costs taxed to Williams

Key Cases Cited

  • Ohio State Bar Assn. v. Reid, 85 Ohio St.3d 327 (1999) (public reprimand where judge lent prestige of office to benefit personal business interest)
  • In re Complaint Against Resnick, 108 Ohio St.3d 160 (2005) (public reprimand for justice whose conduct led to DUI arrest and conviction)
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Case Details

Case Name: Disciplinary Counsel v. Williams.
Court Name: Ohio Supreme Court
Date Published: Dec 19, 2017
Citation: 152 Ohio St. 3d 57
Docket Number: 2017-0796
Court Abbreviation: Ohio