2013 Ohio 4977
Ohio2013Background
- Zachary C. Daubenmire, a 2011 Case Western Reserve Law graduate, applied for admission to the Ohio bar after a 2007 felony conviction for pandering obscenity involving a minor (downloading/sharing child pornography over ~5 years).
- He entered a no-contest plea, received five years community control, 100 hours community service, sexual-offender counseling, abstinence from alcohol, and a duty to register as a sexually oriented offender (registration obligation through Feb. 27, 2017).
- Daubenmire cooperated with authorities, completed court-ordered conditions, obtained early release from community control, engaged in voluntary individual therapy (ending when therapist deemed it no longer necessary), and disclosed his conviction when applying to law school.
- The Board of Commissioners on Character and Fitness recommended disapproval of his pending application but allowed reapplication for the July 2014 bar exam; the Board credited evidence of rehabilitation and character references but noted public-perception concerns from his registered-sex-offender status.
- The Ohio Supreme Court adopted the Board’s findings, disapproved the pending application, but—citing concern about allowing a registered sex offender to practice—deferred reapplication until the July 2018 bar exam (requiring a new full character-and-fitness investigation).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an applicant obligated to register as a sexually oriented offender may be approved to take the bar exam now | Daubenmire: rehabilitation, completed sanctions, therapy, law-school success show fitness to practice | Board/State: registered-sex-offender status harms public confidence and is relevant to fitness; serious and lengthy criminal conduct | Court: Disapprove current application; allowed reapplication but only for July 2018 (delaying admission while registration obligation remains a significant concern) |
| Whether the Board properly weighed rehabilitation evidence against the gravity and recency of the offense | Daubenmire: Board should follow its panel recommendation allowing reapplication in 2014 given rehabilitation evidence | Board: Although rehabilitation credited, public perception risk of admitting a currently registered sex offender justifies longer delay | Court: Agreed with Board’s findings but exercised caution—rejection now and longer deferment (2018) is appropriate to protect public and profession integrity |
Key Cases Cited
- Cincinnati Bar Assn. v. Hennekes, 110 Ohio St.3d 108 (2006) (discussing professional integrity and expectation that lawyers avoid illegal conduct to preserve public confidence)
- Cleveland Bar Assn. v. Stein, 29 Ohio St.2d 77 (1972) (same principle: lawyer conduct must be above reproach to maintain public trust)