Indefinite Suspension For Paying Witness To Leave State

From the Ohio Supreme Court web page by Kathleen Maloney

While representing a client in 2013 who had been charged with murder, Gregory A. Cohen paid a prosecution witness to leave the state. The witness told police, and Cohen pled guilty to attempted tampering with evidence and attempted obstruction of justice – both felonies. He was sentenced to 60 days of monitored house arrest, 3 years of community control, 500 hours of community service, and a $5,000 fine.

Because of his felony convictions, the Supreme Court suspended Cohen for an interim period on February 12, 2014. The disciplinary counsel investigated, and the parties agreed to certain facts and rule violations, and proposed an indefinite suspension with credit for the time Cohen has served since the interim felony suspension. The state disciplinary board accepted the findings and recommended the proposed punishment to the court.

In a 5-2 per curiam decision, the court agreed that Cohen violated three professional conduct rules. However, noting the attorney’s attempt “to thwart the administration of justice,” the court stated that “the seriousness of [Cohen’s] misconduct cannot be overstated.” The court indefinitely suspended Cohen, but declined to give him credit for the suspension that began in February 2014. He will be permitted to apply for reinstatement to practice law in two years.

The court’s majority included Chief Justice Maureen O’Connor and Justices Paul E. Pfeifer, Terrence O’Donnell, Sharon L. Kennedy, and Judith L. French. Justices Judith Ann Lanzinger and William O’Neill would have granted credit to Cohen for the time served during the interim suspension.

2014-1740. Disciplinary Counsel v. Cohen, Slip Opinion No. 2015-Ohio-2020.

(Mike Frisch)