Conduct Unbecoming

The Law Society of Upper Canada revoked an attorney’s license

The Law Society alleged that Mr. Sumner engaged in conduct unbecoming a licensee on account of threatening and harassing e-mail and voicemail communications that he made between April 2014 and June 2016. The communications included: death threats against a district attorney in California, Mr. Kochis; requests that two motorcycle clubs arrest the district attorney (forcefully if necessary); and threatening and profane communications to others in California, to Law Society staff, and to Tribunal staff.

Mr. Sumner did not attend. The hearing proceeded in his absence as he was properly served. The Law Society relied on its Request to Admit (“RTA”), served on Mr. Sumner on June 15, 2017. Pursuant to Rule 20.04(3) of the Rules of Practice and Procedure, Mr. Sumner, having not attended, is deemed to admit all of the facts and documents in the RTA. In addition, the Law Society relied on the evidence of Mr. Kochis who testified by telephone.

The communications at issue were threatening and harassing and tended to bring discredit upon the legal profession. Mr. Sumner was found to have engaged in conduct unbecoming a licensee.

Mr. Sumner’s threats and harassment started in September 2011 and continued to the eve of the hearing. He continued to engage in threatening and harassing communications after his California disbarment, after the Law Society investigation was commenced, after the interlocutory suspension of his licence was ordered in April 2016 and as late as the week prior to the commencement of this hearing.

In light of the seriousness of his actions and the lack of any indication that this behaviour was out of character or would stop, the appropriate penalty was the revocation of his licence to practise law, commencing immediately

 Sanction

Mr. Sumner’s threatening and harassing communications were the basis for the interlocutory suspension of his licence to practise law in Ontario on April 6, 2016. In giving evidence at that hearing, Mr. Sumner testified that he would not stop trying to have Mr. Kochis arrested and held accountable for his crimes. The suspension in Ontario did not deter him from continuing his threats.

 Mr. Sumner’s prolonged and repeated misconduct is most serious. Despite the criminal charges, disbarment in California and interlocutory suspension in Ontario, Mr. Sumner continues making threats of violence against those with whom he disagrees. The protection of the public, and its confidence in the legal profession, require that he not remain a licensee of the Law Society.

There are no mitigating factors that balance against a finding that his licence should be revoked. There is no character evidence, no evidence of remorse or a willingness to be governed and every indication that the misconduct will recur. Mr. Sumner has not co-operated with the Law Society in the context of this application. There was some medical evidence that Mr. Sumner may suffer from a mental health issue, but it does not assist.

(Mike Frisch)