Ohio State Bar Assn. v. Mason (Slip Opinion)
2017 Ohio 9215
| Ohio | 2017Background
- Lance T. Mason, admitted 1996, was a sitting Cuyahoga County Common Pleas judge (2008–2014) when the misconduct occurred.
- On August 2, 2014, while separated from his wife and transporting their two young children, Mason violently assaulted his wife (struck, bit, head injuries) in a moving car and then again after she exited; children witnessed the attack.
- Mason was charged by indictment, pled guilty to attempted felonious assault (third-degree felony) and domestic violence (misdemeanor), and was criminally sentenced to concurrent terms of incarceration and other conditions.
- The Ohio State Bar Association charged Mason with violations of the Code of Judicial Conduct and Rules of Professional Conduct; a Board panel found misconduct by clear and convincing evidence and recommended disbarment.
- The Board adopted the recommendation; the Supreme Court agreed Mason committed the violations but declined to disbar him, instead imposing an indefinite suspension without credit for time served on the interim felony suspension and setting specific reinstatement conditions (OLAP evaluation, contract, and compliance).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate sanction for Mason’s felony assault and related professional violations | Disbarment is warranted given the egregiousness of the assault and Mason’s status as a judge | Lesser sanction (suspension) is appropriate because the assault was a single, unpremeditated episode and not abuse of judicial office | Indefinite suspension without credit for time served; conditions for reinstatement imposed |
| Whether Mason’s conduct falls within cases justifying disbarment (fraud, premeditation, abuse of office) | Board cited precedent of judges disbarred for felonies involving premeditation, abuse of office, or prolonged misconduct | Mason’s conduct was a single incident, not part of a pattern of premeditated or office-related wrongdoing | Court distinguished those cases and found disbarment not required |
| Role of mitigating factors (stress, lack of prior discipline, cooperation) in sanction | Aggravating factors outweigh mitigation; disbarment still appropriate | Mitigating factors (no prior discipline, personal stressors, cooperation, civil/criminal penalties already imposed) counsel for lesser sanction | Mitigation weighed but did not eliminate need for significant discipline; contributed to decision for suspension rather than disbarment |
| Reinstatement prerequisites and public-protection measures | N/A (relator sought permanent exclusion) | If suspended, require meaningful conditions to ensure public safety before readmission | Reinstatement requires OLAP mental‑health evaluation and report, OLAP contract, compliance with recommendations, and clear-and-convincing showing of fitness |
Key Cases Cited
- Disciplinary Counsel v. Terry, 147 Ohio St.3d 169 (court adopted disbarment where judge exchanged judicial favors for campaign contributions)
- Disciplinary Counsel v. McAuliffe, 121 Ohio St.3d 315 (judge disbarred for arson and fraud tied to insurance fraud and federal felonies)
- Disciplinary Counsel v. Hoskins, 119 Ohio St.3d 17 (disbarment where judge’s long-term deceit, abuse of office, and misconduct spanned years)
- Disciplinary Counsel v. Gallagher, 82 Ohio St.3d 51 (disbarment following judge’s felony drug distribution conviction)
- Disciplinary Counsel v. Mosely, 69 Ohio St.3d 401 (disbarment for judge convicted of federal felonies involving kickbacks and abusing office)
- Ohio State Bar Assn. v. McCafferty, 140 Ohio St.3d 229 (indefinite suspension for a judge whose criminal conduct was a single, unplanned incident)
- Disciplinary Counsel v. Whitfield, 132 Ohio St.3d 284 (two-year suspension with credit for time served for lawyer convicted of aggravated assault)
- Disciplinary Counsel v. Goodall, 103 Ohio St.3d 501 (six-month suspension with credit for time served for lawyer convicted of aggravated assault)