disciplinary handbook: volume v - Supreme Court - State of Ohio

Williams, Disciplinary Counsel v.
130 Ohio St.3d 341, 2011-Ohio-5163. Decided 10/13/2011.
Case Summaries- 353
Respondent was convicted of child rape. Respondent was currently under suspension for failing to meet
the CLE requirements (2003) and for failing to register (2005). Although Respondent initially responded
to relator‘s complaint, he did not respond to subsequent communication attempts. A master
commissioner made findings of fact, conclusions of law, and a recommended sanction. In June
2008, respondent was indicted on three counts of child rape and one count of kidnapping with a
sexual motivation. The end result was two convictions for rape and two concurrent life sentences. This
conduct was found to have violated DR 1-102(A)(3) (illegal conduct involving moral turpitude) and 1-
102(A)(6) (conduct that adversely reflects on lawyer‘s fitness to practice). The only mitigating factor
present was the imposition of prior sanctions. BCGD Proc.Reg. 10(B)(2)(f). In aggravation, the board
found a pattern of misconduct involving multiple offenses, refusal to acknowledge the wrongful nature
of respondent‘s conduct, and harm to a vulnerable victim. BCGD Proc.Reg. 10(B)(1)(c), (d), (g), and
(h). The Court also found a dishonest and selfish motive, and a failure to cooperate in the disciplinary
process. BCGD Proc.Reg. 10(B)(1)(b) and (e). The relator, the master commissioner and the board
all recommended disbarment. The Court noted that disbarment is appropriate for violations of DR 1-
102 that result in a felony conviction, including reckless homicide, attempted murder, and murder. See
Zemba (2002), Rocker (1999), Riebel (1990), Steele (1981). The Court held that ―permanent disbarment
is the only appropriate sanction for an attorney convicted of raping a child,‖ and thus permanently
disbarred the respondent.
Rules Violated: DR 1-102(A)(3), 1-102(A)(6)
Aggravation: (b), (c), (d), (e), (g), (h) Mitigation: (f)
Prior Discipline: YES Procedure/ Process Issues: YES Criminal Conduct: YES
Public Official: NO Sanction: Disbarment