2018 Ohio 2024
Ohio2018Background
- Kenneth J. Lewis, an Ohio lawyer admitted in 2000, previously suspended in 2009 for forging a judge’s signature.
- In June 2016 Lewis and another attorney, Heather Wilsey, were in a one-car crash; police video showed Wilsey driving.
- Lewis gave a written witness statement to Elyria police falsely claiming an unknown man had driven and crashed Lewis’s car; he later admitted the statement was false and said he did so to protect Wilsey.
- Police arrested Lewis for obstructing official business; he later pled no contest and was convicted and sentenced (jail, probation, fine).
- During the disciplinary investigation Lewis failed to disclose a separate September 2016 OVI conviction (to which he pled no contest).
- The Board found violations of Prof.Cond.R. 8.4(b), (c), and (d); recommended a two-year suspension with six months stayed on conditions; the Supreme Court adopted that sanction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lewis’s false written statement violated professional-conduct rules | Lewis’s written misrepresentation was an illegal, dishonest act prejudicial to administration of justice | Lewis argued he merely confirmed Wilsey’s account and acted to protect her; later admitted he made false statements | Court found violations of Prof.Cond.R. 8.4(b), (c), and (d) for the false written statement |
| Whether failure to disclose OVI conviction aggravated discipline | Relator treated nondisclosure as lack of full cooperation and aggravating conduct | Lewis did not voluntarily disclose the conviction; claimed cooperation otherwise | Board gave no mitigating weight for cooperation; nondisclosure was noted as problematic |
| Appropriate sanction given prior discipline and mitigation | Relator sought a sanction reflecting dishonesty and prior discipline | Lewis emphasized remorse, treatment for alcohol dependence, OLAP contract, AA participation | Court adopted board’s recommendation: two-year suspension, final six months stayed on conditions (OLAP compliance, AA, no further misconduct, monitored probation after reinstatement) |
Key Cases Cited
- Medina Cty. Bar Assn. v. Lewis, 906 N.E.2d 1102 (Ohio 2009) (prior discipline for forging a judge’s signature)
- Mahoning Cty. Bar Assn. v. DiMartino, 49 N.E.3d 1280 (Ohio 2016) (indefinite suspension for repeated dishonest conduct and trust-account/neglect issues)
- Warren Cty. Bar Assn. v. Marshall, 862 N.E.2d 519 (Ohio 2007) (two-year suspension for dishonesty and neglect with prior discipline)
- Disciplinary Counsel v. Fowerbaugh, 658 N.E.2d 237 (Ohio 1995) (emphasis that deceitful acts by lawyers diminish public respect for the profession)