Thomas A. Ballato of Hamilton was convicted in 2009  of possessing child pornography.

During his legal career, Ballato had been fired  three times for looking at pornography on office computers. In 2004, he ordered  magazines featuring child pornography and had them sent to his home. Federal  officers subsequently searched his home and office. They found adult porn, as  well as three sexual images of children, on his work computer.

The court will stay the second year of Marshall’s suspension if she makes restitution to [her client’s] former counsel.

Ballato was indicted in September 2006 and conditionally pled guilty to possessing child porn.

Ballato was indicted in September 2006 and conditionally  pled guilty to possessing child porn. His sentence included a four-year prison term and supervised release  for the rest of his life. In October 2009, the Ohio Supreme Court suspended him  from practicing law on an interim basis after being notified of his conviction.  Ballato was released from prison in November 2012.

A  few months later, Ballato began counseling for depression and a hypersexual  disorder. At the time of his disciplinary hearing, he had been seeing a  therapist for a little less than 10 months.

In  a 4-3 per curiam decision, the Ohio Supreme Court imposed an indefinite  suspension with no credit for the time Ballato served during his interim  suspension. The court noted that he has not yet completed sustained treatment  for his mental health issues and has served only a short period of his  supervised release. If he petitions for reinstatement in two years, he will  have to meet his continuing legal education requirements and demonstrate that  he is suited to practice law competently, ethically, and professionally.

The  court’s majority included Justices Paul E. Pfeifer, Sharon L. Kennedy, Judith  L. French, and William M. O’Neill.

Justice Judith Ann Lanzinger dissented and would have given Ballato  credit for the time served during the interim suspension. Chief Justice Maureen  O’Connor and Justice Terrence O’Donnell also dissented, but would have disbarred  Ballato.

2013-1985. Dayton  Bar Assn. v. Ballato, Slip  Opinion No. 2014-Ohio-5063.