Disciplinary Counsel v. Williams.
152 Ohio St. 3d 57
Ohio2017Background
- 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)
