DISCIPLINARY COUNSEL v. MARTYNIUK
No. 2016-1821
Supreme Court of Ohio
Submitted March 1, 2017—Decided June 20, 2017.
2017-Ohio-4329
Per Curiam.
{¶ 1} Respondent, Andrew Osyp Martyniuk, of Kent, Ohio, Attorney Registration No. 0064997, was admitted to the practice of law in Ohio in 1995. On November 20, 2015, we suspended his license to practice for an interim period pursuant to
{¶ 2} In April 2016, relator, disciplinary counsel, charged Martyniuk with violations of Prof.Cond.R. 8.4(b) (prohibiting a lawyer from committing an illegal act that adversely reflects on the lawyer‘s honesty or trustworthiness) and 8.4(h) (prohibiting a lawyer from engaging in conduct that adversely reflects on the lawyer‘s fitness to practice law) based on his criminal conduct. The Board of Professional Conduct found that Martyniuk committed the charged misconduct and recommended that he be indefinitely suspended from the practice of law with no credit for the time served under his interim felony suspension. We adopt the board‘s findings of fact, misconduct, and aggravating and mitigating factors and its recommended sanction.
Misconduct
{¶ 3} On September 29, 2014, Martyniuk pleaded guilty to 20 fourth-degree felony counts of pandering sexually oriented material involving a minor in violation of
{¶ 4} The parties stipulated that Martyniuk‘s conduct adversely reflects on his fitness to practice law in violation of Prof.Cond.R. 8.4(h), and the matter proceeded to a hearing before a three-member panel of the board. Consistent with our decision in Disciplinary Counsel v. Bricker, 137 Ohio St.3d 35, 2013-Ohio-3998, 997 N.E.2d 500, the board expressly determined that Martyniuk‘s
{¶ 5} We adopt the board‘s findings of fact and misconduct.
Sanction
{¶ 6} When imposing sanctions for attorney misconduct, we consider several relevant factors, including the ethical duties the lawyer violated, the aggravating and mitigating factors listed in
{¶ 7} The parties stipulated and the board found that just one aggravating factor is present—Martyniuk committed multiple offenses. See
{¶ 8} Martyniuk‘s disciplinary-hearing testimony demonstrates that he has never actively engaged in the practice of law. He was honorably discharged from the United States Air Force in 1992 and served as a research associate at the University of Cincinnati both during and after completing law school. Although he drafted several powers of attorney for people he knew through his church, he never charged a fee for his services. With no job opportunities available to him in Cincinnati, he moved into his parents’ Kent home in 2003 and worked as the fiscal officer of the Kent Free Library until he was fired after his employer discovered pornography on his office computer in 2013.
{¶ 9} Since his arrest, Martyniuk has served as the primary caretaker for his elderly parents. At his disciplinary hearing, he expressed his desire to practice law but stated that he does not know what his future holds. He has presented no evidence regarding a mental-health diagnosis or his ability to engage in the competent, ethical, and professional practice of law, either now or in the future.
{¶ 10} The board recommended that we indefinitely suspend Martyniuk from the practice of law and that he receive no credit for the time he has served under his interim felony suspension, and neither party has objected to that recommendation. An indefinite suspension with no credit for the time served under an interim felony suspension is often the appropriate sanction for an attorney who has engaged in sexually motivated conduct involving children, and we agree that it is appropriate in this case. See Disciplinary Counsel v. Grossman, 143 Ohio St.3d 302, 2015-Ohio-2340, 37 N.E.3d 155 (indefinitely suspending an attorney
{¶ 11} Accordingly, Andrew Osyp Martyniuk is indefinitely suspended from the practice of law in Ohio with no credit for the time he has served under his interim felony suspension. Costs are taxed to Martyniuk.
Judgment accordingly.
O‘CONNOR, C.J., and KENNEDY, FRENCH, O‘NEILL, and DEWINE, JJ., concur.
O‘DONNELL, J., would permanently disbar respondent.
FISCHER, J., not participating.
Scott J. Drexel, Disciplinary Counsel, and Jennifer A. Bondurant, Assistant Disciplinary Counsel, for relator.
Buckingham, Doolittle & Burroughs, L.L.C., and Peter Thomas Cahoon, for respondent.
