Ohio State Bar Association v. Mason.
152 Ohio St. 3d 228
| Ohio | 2017Background
- Lance T. Mason, admitted 1996, was a sitting Cuyahoga County Common Pleas judge (2008–2015). In August 2014 he assaulted his estranged wife in a car and on the street in view of their two young children, causing serious facial and head injuries. He also threatened self-harm that day and was arrested.
- Mason was indicted and, in 2015, pled guilty to attempted felonious assault (third-degree felony) and domestic violence (first-degree misdemeanor); he was removed from the bench and sentenced to concurrent terms of incarceration.
- The Ohio State Bar Association charged Mason with violations of the Code of Judicial Conduct and the Rules of Professional Conduct (Jud.Cond.R. 1.2; Prof.Cond.R. 8.4(a), (b), (h)). A Board panel found the violations by clear and convincing evidence and recommended disbarment.
- The Board adopted the recommendation; the Supreme Court agreed Mason committed the misconduct but declined to disbar him. The Court imposed an indefinite suspension without credit for interim felony-suspension time and added reinstatement conditions.
- Aggravating factors: vulnerable victims, significant harm, inadequate explanation, lack of assurances, and incomplete engagement in rehabilitation. Mitigating factors: no prior discipline, cooperation with process, evidence of good character/reputation, other sanctions imposed, and stressors preceding the incident.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Mason violate judicial and professional conduct rules? | Mason's felony and misdemeanor convictions and the underlying facts show violations of Jud.Cond.R. 1.2 and Prof.Cond.R. 8.4. | (No meaningful contest to the factual basis; stipulated facts/evidence at hearing.) | Court: Yes; violations proven by clear and convincing evidence. |
| Is disbarment the appropriate sanction? | Relator/Board: Mason's conduct is egregious and a judge’s felony conviction warrants disbarment. | Mason: Assault was a single unpremeditated incident, mitigating factors exist; disbarment is excessive. | Court: Disbarment not warranted; misconduct distinguishable from premeditated/abusive-officer cases. |
| What sanction fits given the misconduct and precedents? | Board: permanent disbarment (citing prior judge-disbarment cases). | Mason: seek lesser sanction—suspension with conditions and credit where appropriate. | Court: Indefinite suspension with no credit for interim felony suspension plus OLAP evaluation, contract, and compliance conditions for reinstatement. |
| Reinstatement conditions needed? | Relator: require robust proof of fitness and rehabilitation. | Mason: accept conditions tied to treatment and OLAP. | Court: Requires OLAP mental-health evaluation showing fitness, an OLAP contract, and compliance with OLAP and treating professionals before reinstatement. |
Key Cases Cited
- Disciplinary Counsel v. Terry, 147 Ohio St.3d 169 (2016) (judge convicted of federal felonies tied to judicial acts; disbarment affirmed)
- Disciplinary Counsel v. McAuliffe, 121 Ohio St.3d 315 (2009) (judge convicted in insurance-fraud/arson scheme; disbarment affirmed)
- Disciplinary Counsel v. Hoskins, 119 Ohio St.3d 17 (2008) (judge engaged in prolonged deceit and abuse of office; disbarment affirmed)
- Disciplinary Counsel v. Gallagher, 82 Ohio St.3d 51 (1998) (judge convicted of drug distribution; disbarment affirmed)
- Disciplinary Counsel v. Mosely, 69 Ohio St.3d 401 (1994) (judge convicted of federal felonies for kickbacks; disbarment affirmed)
- Ohio State Bar Assn. v. McCafferty, 140 Ohio St.3d 229 (2014) (judge’s single, unplanned criminal act distinguished from prolonged misconduct; indefinite suspension imposed)
- Disciplinary Counsel v. Whitfield, 132 Ohio St.3d 284 (2012) (attorney convicted of aggravated assault; suspension with credit and treatment conditions)
- Disciplinary Counsel v. Goodall, 103 Ohio St.3d 501 (2004) (attorney convicted of aggravated assault in domestic dispute; suspension imposed)