Faster Than A Speeding Bullet

From the web page of the Ohio Supreme Court comes this story of a prosecutor’s third brush with the attorney discipline system.

He had previously been suspended for a year in two separate matters.

One matter involved allegations that he had insinuated to other counsel that he was in a sexual relationship with a judge; the other confidentiality violations relating to an Ohio State football investigation.

The Ohio Supreme Court has placed  Christopher T. Cicero of Columbus on an indefinite suspension from the practice  of law for altering the charge in his own speeding case.

After receiving a speeding ticket  in Columbus, Cicero obtained a blank but signed document from a Franklin County  judge that Cicero then had his assistant fill out, changing his speeding charge  to a headlight violation.

Cicero had previously amassed  about 50 speeding tickets and had his driver’s license suspended twice. The  lesser offense of an equipment violation carried no points against his license  and eliminated the possibility of another driver’s license suspension.

The alteration came to light when  Judge Scott VanDerKarr’s bailiff noticed that the judgment entry document that  was filed did not include a required notation for a finding of guilt. When the  court contacted Cicero, he refused to provide the name of the prosecutor who  agreed to allow the change to a lesser charge, and the judge issued an arrest warrant for Cicero for contempt of court.

Cicero subsequently identified a prosecutor, who was working his second to last day in  the office on the day of Cicero’s arraignment in March 2012. The prosecutor denied having  any conversation with Cicero about amending the speeding ticket.

Cicero would not explain to the  judge how the deal to amend his charge came about, and he was sent to jail for  five days. Afterward, Cicero withdrew his plea to the headlight violation and  pled no contest to the original speeding charge. The judge  cited him for contempt and sentenced him to time served.

Cicero has been before the  Supreme Court in two prior disciplinary cases – one in which he claimed he was  having sex with a judge presiding over one of his cases and another in which he  shared confidential information from a potential client with the head football  coach at the Ohio State University.

The panel that reviewed this case  for the Board of Commissioners on Grievances and Discipline noted Cicero’s  pattern of misconduct and refusal to accept responsibility for his actions,  among other aggravating factors, and recommended that he be indefinitely  suspended.

The full board, however,  recommended to the court that Cicero be prohibited permanently from practicing  law for his misconduct. While Cicero did not challenge the misconduct and rule  violations that the board found, he objected to the proposed sanction of  disbarment.

After reviewing a number of prior  disciplinary cases, the court determined that Cicero’s history of misconduct  involved three different matters and did not reflect a “longstanding pattern of  deceit.” In a 5-2 decision, written by Justice Judith L. French, the court  concluded that an indefinite suspension was appropriate for Cicero’s  misconduct, but noted that his repeated violations were “troubling.”

“By no means do we condone  Cicero’s dishonest, unprofessional, and censurable conduct, which was  prejudicial to the administration of justice and which adversely reflects on  Cicero’s fitness to practice law,” Justice French wrote. “Nevertheless, in  light of this court’s precedent and considering all of the circumstances,  including the aggravating factors and lack of significant mitigating factors,  we do not find that Cicero’s conduct, egregious though it may be, rises to the  level for which we reserve the sanction of permanent disbarment.”

Cicero can apply to return to the  practice of law in two years.

Joining the majority were  Justices Paul E. Pfeifer, Terrence O’Donnell, Sharon L. Kennedy, and William M.  O’Neill.

In a written dissent, unusual in  disciplinary cases, Chief Justice Maureen O’Connor would have disbarred Cicero.  Her opinion was joined by Justice Judith Ann Lanzinger.

In Chief Justice O’Connor’s view,  the majority “does not adequately recognize the insidiousness of Cicero’s  behavior.” Calling his conduct a “charade” and his long list of excuses  “outlandish,” Chief Justice O’Connor also emphasized Cicero’s refusal to take  responsibility for his actions and admit his wrongdoings.  “Cicero’s quiver of untruths is notable for  its depth, if nothing else,” she added.

She pointed out that the  prosecutor Cicero claimed had agreed to let him plea to a lesser charge did not  work on traffic or criminal matters and was not assigned to any arraignment  courtroom.

“Cicero’s spectacular talent for  deflecting blame and minimizing misbehavior reflects his inability to conduct  himself in an ethical manner,” the chief justice wrote. “That inability  portends great risk to his clients and endangers the public and the legal profession.”

She disagreed with the majority  perspective that Cicero be given a lesser sanction because his misconduct over  the years has involved distinct matters.

“It does not matter that Cicero’s  three disciplinary cases did not spring from a common source,” she wrote. “Cicero’s  pattern of dishonesty, blaming others, disrespect for the legal process and for  the courts, self-serving behavior, and feigned remorse is unrelenting. In fact,  it is his willingness to defraud and impugn the court system in a great variety  of unrelated circumstances that is  the most troubling of all.”

Cicero’s actions have  reinforced the worst stereotypes about the legal profession, and his misconduct  warrants disbarment, she concluded.

2013-1980. Disciplinary  Counsel v. Cicero, Slip  Opinion No. 2014-Ohio-4639.

View oral argument video of this case.

(Mike Frisch)