Hit And Run Complicity Draws Indefinite Suspension

A former judge has been indefinitely suspended by the Ohio Supreme Court as a consequence of a felony conviction

Just after midnight on June 4, 2020, Warner—then a judge of the Marion County Court of Common Pleas—and his wife were returning home from social gatherings where they had consumed alcohol. Warner’s wife was driving a Jeep Wrangler, and she failed to yield to an oncoming vehicle. The Warners’ jeep struck the other vehicle, a BMW X3, causing it to go off the road and hit a utility pole. Witnesses saw a man and a woman walking around the crash site and look into the BMW before driving away without calling 9-1-1 or waiting for first responders to arrive. One of the witnesses called 9-1-1. The victim had to be extracted from his vehicle with the jaws of life, and he suffered serious injuries. After arriving home, the Warners left their jeep in their garage and waited approximately nine hours before contacting law enforcement. Warner’s wife admitted to driving the jeep during the crash, an admission that was confirmed by the investigation.

Warner was charged with two counts of complicity to commit vehicular assault and one count each of complicity to leaving the scene of an January Term, 2024 3 accident and complicity to tampering with evidence. Before trial, the two vehicular-assault counts were dismissed. After a bench trial, Warner was convicted of the two remaining complicity counts, and the trial court imposed an aggregate two-year prison sentence. The Third District Court of Appeals affirmed, rejecting Warner’s claims that his convictions were supported by insufficient evidence and were against the manifest weight of the evidence as well as his argument that the trial court deprived him of a fair trial. State v. Warner, 3d Dist. Marion No. 9-2115, 2021-Ohio-4182, ¶ 1, 82. We declined Warner’s appeal. 166 Ohio St.3d 1448, 2022-Ohio-994, 184 N.E.3d 158.

Sanction

“ ‘Because they are so important to our society, judges must be competent and ethical, and their actions must foster respect for their decisions as well as for the judiciary as a whole. Given that they hold positions of considerable authority and are entrusted with a great deal of power and discretion, judges are expected to conduct themselves according to high standards of professional conduct.’ ” O’Neill at ¶ 57, quoting Shaman, Lubet & Alfini at 1-2. Warner failed to live up to those high standards.

Accordingly, Jason Daniel Warner is indefinitely suspended from the practice of law in Ohio with no credit for time he has served under his interim felony suspension. Costs are taxed to Warner.

Justice Fischer concurred

To be consistent with the disciplinary sanctions that we have previously imposed on judges who had been convicted of felony offenses and to ensure respect for and trust in our system, we cannot award a judge who has been convicted of a felony offense with time served under the interim felony suspension. Because this court today appropriately returns to its pre-Hunter precedent and does not award Warner credit for time served under his interim felony suspension, I respectfully concur.

(Mike Frisch)