Suspension For Sexual Battery

A two-year suspension without credit for time served has been imposed by the Ohio Supreme Court

In the consent-to-discipline agreement, Warren stipulates that on August 8, 2013, a friend with whom he had a social—but not sexual—relationship joined him for dinner at his home and planned to stay overnight. After dinner, Warren’s friend lay down in his room to sleep because she had taken some pain medication and was not feeling well. Unaware that she had taken that medication, Warren gave her a sleeping pill to help her fall asleep. At some point during the night, Warren removed his friend’s pajamas and she awoke to his penetrating her vagina with his finger and tongue. She told him to stop and due to the medication she had taken, fell back asleep. She is unaware whether any other sexual contact occurred.

After a jury trial, Warren was found guilty of sexual battery but acquitted of rape on October 31, 2014. On March 5, 2015, he was sentenced to 30 months of community control and was ordered to stay away from the victim, complete a sex-offender treatment program, and pay a $2,500 fine plus court costs.

The parties stipulate that Warren’s conduct violated Prof.Cond.R. 8.4(b) (prohibiting a lawyer from committing an illegal act that reflects adversely on the lawyer’s honesty or trustworthiness).

The parties further stipulate that the applicable mitigating factors include the absence of prior discipline during Warren’s 39-year career, his full and free disclosure to the board and cooperative attitude toward the proceedings, evidence of his good character and reputation apart from the charged misconduct, his acknowledgement that his actions were improper, and the imposition of other penalties.

Two justices dissented. One would grant credit for time served on an interim suspension; the other would remand for further sanction consideration. (Mike Frisch)