Cross Of Iron

Criticism of a judge led the Ohio Supreme Court to impose a fully-stayed suspension

In the disciplinary complaint [filed against judges], Oviatt criticized the judges for ruling that his January 2014 refiled motion fell outside the statute of limitations. According to Oviatt, that issue was never briefed by the parties and the judges relied on that reasoning to “facilitate and substantiate a predetermined favorable ruling for Grimes.” The judges’ conduct, Oviatt alleged, “clearly indicate[d] impropriety and underscore[d] a non-legal reason for such a blatant perverse ruling.” (Underlining sic.) Oviatt continued:

The connection between Grimes and the Appellate Judges is clear; Grimes is a lifetime member, as was his father, of the iron workers union; the iron workers’ union is embedded in Cuyahoga County democratic politics; and the three Judge Appellate Panel were all elected to the bench as democratic candidates. Recent criminal convictions of Cuyahoga County Common Pleas Court Judges Bridgett McCafferty and Steven Terry involved undue influence and corruption by Democratic Party Officials. The within situation is not something new, but merely an extension of past practices. * * * [T]he only viable reason judges would render such a Decision in this case is because judicial reasoning was replaced by undue influence and corruption.

There are reasons for everything and it is not because these judges are intellectually deprived. A conspiracy to pervert justice is confirmed when all three judges have put their names to this Decision.

Oviatt’s disciplinary complaint also alleged that “[i]t is impossible to believe that this judicial decision is not the result of undue influence and corruption” and that “[t]hese Appellate Judges are very much aware as to how to use their vast power and the appellate process so that an opposing view is left without a forum to be heard and is thereby silenced.”

The court rejected an aggravating factor

The record does not sufficiently support the board’s conclusion that Oviatt “was completely and utterly uncooperative” or that he “disrespected” the process. Oviatt refused to respond to a few of relator’s inquiries based on his erroneous belief regarding relator’s investigative authority, but he otherwise fully participated in the disciplinary proceedings. The fact that he contested the charges does not mean that he was also uncooperative “throughout the entire process,” as the board found.

Sanction

we conclude that a fully stayed six-month suspension is the appropriate sanction in this case. And as recommended by the panel, we condition Oviatt’s stayed suspension on his undergoing an OLAP evaluation. However, we reject the panel’s and the board’s recommended requirement that he take the MPRE.

Dissenting justices would impose an actual suspension

I disagree that a fully stayed six-month suspension is the appropriate sanction in this case. I would impose the board’s recommended sanction, a one-year suspension, with six months stayed on the condition that Oviatt engage in no further misconduct. I would reject the panel’s and the board’s requirement that he pass the Multistate Professional Responsibility Examination, but I would add the condition as recommended by the panel that he submit to an evaluation by the Ohio Lawyers Assistance Program and comply with any and all treatment recommendations resulting therefrom.

(Mike Frisch)