Conflict Of Interest: Sex With Incarcerated Client’s Wife
A sexual relationship with the client’s wife has resulted in the suspension of an Ohio attorney.
The relationship took place during and after the criminal trial in which the client was accused of murdering his own parents.
As reported by Kathleen Maloney
The Supreme Court today suspended Columbus attorney James D. Owen for having a sexual relationship with the wife of a client. The court noted in its decision that the professional conduct rules do not address this issue nor had there been any case law about this type of situation.
In a 6-1 vote, the court imposed a two-year suspension, with the second year stayed on conditions, for Owen’s misconduct.
In 1997, Owen began representing Robert Caulley, who had been accused of murdering his parents three years earlier. Owen was originally hired to research a false confession defense in the capital case. Given his work on part of the case, a trial judge removed Caulley’s court-appointed lawyers and put Owen in their place.
The accused’s wife relocated from Texas to Ohio in summer 1997 and helped Owen with case-related tasks. Several days before Caulley’s trial began that September, Owen and Caulley’s wife started a sexual relationship, which continued until August or September of 1998. The jury found Caulley guilty of two lesser offenses, not punishable by death, and he was sent to prison.
Caulley found out about the affair years later, and the Ohio Public Defender contacted Owen in 2011 to tell him it was asking the court for a new trial because of his relationship with Caulley’s wife. Owen admitted his actions and cooperated in the efforts to gain a new trial, which was granted. He also reported his misconduct to the Disciplinary Counsel about a month later and entered into a five-year contract with the Ohio Lawyers Assistance Program (OLAP) in early 2012. He sought treatment for anxiety, depression, and severe attention deficit disorder.
In a per curiam opinion, the court found that a sexual relationship with the spouse of a current client creates a conflict of interest that compromises the trust and confidence between the client and attorney.
The court has disapproved of lawyers engaging in sexual conduct with clients, and it today upheld the same principle for sexual relationships with a client’s spouse because “the vulnerability of the client and the betrayal of trust are the same.”
Owen’s suspension with one year stayed is contingent on him complying with his OLAP contract and committing no further misconduct.
In the court’s majority were Justices Paul E. Pfeifer, Terrence O’Donnell, Judith Ann Lanzinger, Sharon L. Kennedy, Judith L. French, and William M. O’Neill.
Chief Justice Maureen O’Connor dissented. She would have imposed an indefinite suspension.
2013-1981. Disciplinary Counsel v. Owen, Slip Opinion No. 2014-Ohio-4597.
The court
We understand the effects that mental illness, alcoholism, psychological impairments, and dysfunctional upbringings can have on a practicing attorney, not to mention the stresses attorneys endure in their day-today lives, both professional and personal. As debilitating as these can be to practitioners, however, there are consequences when they lead to misconduct, and attorneys will be held accountable. Owen has accepted full responsibility for his misconduct. He acknowledges that he had ample time and opportunity to disclose the affair to Caulley and later to Caulley’s appellate attorneys, yet he failed to do so. He is deeply remorseful for his betrayal of his family, his client, and his profession.
The Daily Mail has details about the case. Ohio.com reports that the client was granted a new trial as a result. (Mike Frisch)