Suspension Imposed On Former Judge Who Paid For Sex

The Ohio Supreme Court has suspended a former judge

In April 2014, a Cuyahoga County grand jury indicted Jacob—while he was serving as a municipal court judge—on 21 counts of criminal conduct, ranging from felony tampering-with-evidence and promoting-prostitution charges to misdemeanor solicitation and falsification offenses. In September 2014, after a five-day bench trial, the Cuyahoga County Court of Common Pleas found him guilty of five misdemeanors: three counts of solicitation under R.C. 2907.24(A)(1), one count of falsification under R.C. 2921.13(A)(11), and one count of falsification under R.C. 2921.13(A)(13). As to the remaining charges, the court either acquitted Jacob or ordered the charges dismissed. After his convictions but before appearing for his sentencing, Jacob resigned from the bench. In October 2014, the court sentenced him to serve a total of 60 days in jail, pay $2,500 in fines, complete a two-year term of probation, and submit to six months of home monitoring upon his release from jail. He immediately served his jail time, paid his fine, and later successfully completed probation and home monitoring.

In November 2015, the Eighth District Court of Appeals affirmed Jacob’s convictions. See State v. Jacob, 2015-Ohio-4760, 50 N.E.3d 279 (8th Dist.) The court found that there was “sufficient and substantial evidence that Jacob solicited at least three women to engage in sexual activity for hire.” Id. at ¶ 20. In describing the evidence against Jacob, the court noted that he had first responded to an advertisement in which a woman offered massages, but after they met in person, the massages evolved into sex for money. Jacob continued to request the woman’s services and met her at various hotels across the state. He later engaged in three-way sexual acts with the woman and a second prostitute, asked the second prostitute to engage in individual sexual acts with him, and also solicited prostitution services from a third woman. Id. at ¶ 3-5.

The Eighth District also described the evidence supporting Jacob’s falsification convictions, which arose from an unrelated case pending on his municipal court docket. As explained by the court of appeals, a defendant, David Holt, made an unscheduled appearance before Jacob and requested to plead guilty to a pending domestic-violence charge. Jacob informed Holt that a domestic violence conviction would prevent him from owning a firearm and result in other collateral consequences. Jacob then sua sponte reduced the domestic-violence charge to disorderly conduct and found Holt guilty of the amended charge. Jacob never read Holt his rights, asked him if he had consulted with an attorney, or heard from the alleged victim. Further, Jacob amended the charge without the city prosecutor’s presence or consent, and he signed and journalized an entry that falsely indicated that the prosecutor had authorized the change. Id. at ¶ 6-10, 22-24.

In his appeal of the falsification convictions, Jacob admitted that he had signed an inaccurate entry but argued that he did not actually know that the entry was false because he had merely signed a boilerplate form. Id. at ¶ 10, 22, 24. The Eighth District, however, “emphatically reject[ed] this claim,”

The facts establish that he was fully aware of his duplicitous actions and tried to hide them. Jacob knew that the journal entry was false because he was the one who changed it; he changed the entry to make it appear that the prosecutor authorized the amendment to the original charge, and then he signed off on the entry. This clearly demonstrates that he knowingly falsified the journal entry, not just signed a falsified journal entry.

Dan Trevas has a summary of the case 

The Ohio Supreme Court today suspended a former Bedford Municipal Court judge who was convicted of soliciting prostitution and falsifying a court record.

In a per curiam opinion, the Supreme Court suspended former Judge Harry J. Jacob II from the practice of law for two years with one year stayed. Jacob resigned as judge in October 2014 after a Cuyahoga County Common Pleas Court convicted him of five misdemeanors. He was sentenced and served 60 days in jail, served six months of home monitoring after being released, and was fined $2,500 and placed on two years’ probation.

The Ohio State Bar Association filed a complaint against Jacob for judicial and professional misconduct based on the activities that led to his criminal conviction, and the association did not object to the Board of Professional Conduct’s recommended sanction, which the Supreme Court accepted.

Judge Pays Prostitutes
Jacob, who began serving on the Bedford Municipal Court bench in 2010, unsuccessfully appealed his conviction to the Eighth District Court of Appeals, which noted there was “substantial evidence that Jacob solicited at least three women to engage in sexual activity for hire.” Prosecutors charged he first responded to an advertisement in which a woman offered massages, and when they met in person, the encounter evolved into sex for money. He continued to request that the woman meet him at various hotels across the state. He also began to solicit two other women for sex.

Judge Reduces Charges Unilaterally
In an unrelated case, David Holt made an unscheduled appearance before Jacob with a request to plead guilty to a pending domestic violence charge. Jacob explained to Holt that a domestic violence conviction would prevent him from owning a firearm and would have other consequences. Jacob then reduced the domestic-violence charge to disorderly conduct and found him guilty of the amended charge.

Jacob never read Holt his rights, asked if he had consulted an attorney, or heard from the alleged victim. He amended the charge without the consent of the city prosecutor, and signed the court entry that falsely indicated the prosecutor authorized the amended charge. In his appeal, Jacob acknowledged signing an inaccurate journal entry, but claimed that a paperwork error led him to sign the wrong form. The Eighth District rejected the claim, finding he knew the entry was false because he was the one that changed it.

Disciplinary Charges Follow Conviction
At a disciplinary hearing, Jacob admitted to the crimes and was charged with violating five rules governing the behavior of Ohio judges and lawyers, including a requirement that judges “act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary and to avoid impropriety and the appearance of impropriety.”

The Court majority opinion  stated that when considering a sanction for judicial and professional misconduct, the Court considers several factors including aggravating circumstances  and mitigating factors as well as sanctions imposed in similar cases.

The board found Jacob’s sexual gratification was a selfish motive, that he engaged in a pattern of misconduct, committed multiple offenses, and refused to acknowledge the wrongful nature of some of his conduct. In contrast, the board found Jacob had no prior disciplinary history, resigned from his judgeship, cooperated with disciplinary authorities, demonstrated good character and reputation, and fully complied with his criminal sentence. The Court noted he also sought the assistance of the Ohio Lawyers Assistance Program and a psychiatrist.

The opinion stated that judges have a greater duty to obey the law than others and breaching that obligation will result in the Court using its “full measure” of disciplinary authority.

“By engaging in the criminal activity in this case, Jacob failed to uphold the integrity of the judiciary, and he diminished public confidence in our branch of government,” the Court stated. “Considering that Jacob continued to deny making misrepresentations in the journal entry, the board concluded that his ‘egregious conduct, both inside and outside the courtroom,’ warrants a two-year suspension, with one year stayed.”

The Court ruled the second year is stayed on the condition that Jacob commit no further misconduct, and if he does, the stay will be lifted. It also charged him $1,306 for the cost of the disciplinary proceeding.

Justices Terrence O’Donnell, Sharon L. Kennedy, William M. O’Neill and R. Patrick DeWine joined the majority opinion.

Chief Justice Maureen O’Connor and Justice Judith L. French dissented and stated they would suspend Jacob for two years without suspending any portion of the sanction.

Justice Patrick F. Fischer did not participate in the case.

2016-1488. Ohio State Bar Assn. v. Jacob, Slip Opinion No. 2017-Ohio-2733.

Cleveland.com reported on the criminal case. (Mike Frisch)