Chat Room Crimes May Prevent Bar Admission

On October 13, the Ohio Supreme Court will hear oral argument on an application seeking permission to sit for the bar examination.

The Board of Commissioners on Character and Fitness has recommended that admission be denied.

In the present case, the Applicant has failed to satisfy his burden. He engaged in conduct that demonstrates a disregard for the law and, more importantly, a complete and utter disregard for the health, safety and welfare of others — namely, vulnerable, female children.

The Applicant was convicted of a number of felony offenses. Under the Felony Rule, we must also consider a number of other factors, including how approval of the Applicant would impact the public’s perception of, or confidence in, the legal profession. See Gov. Bar R. I (1 l)(D)(5)(a)(iv). Attorneys hold a position of trust. Many attorneys come in contact with vulnerable people on a daily basis, including children. Allowing a convicted sex offender to hold this position of trust would clearly undermine the public’s perception of and confidence in the legal profession.

The brief filed on behalf of the applicant notes

John David Tynes is a retired military officer whose life has been relatively uneventful apart from a six-month period in 1998. (Transcript of the Character and Fitness Hearing of John D. Tynes, January 27, 2015 (“Transcript”), 28). Seventeen years ago, during a tumultuous time in his personal life, Tynes made a series of bad decisions that changed the course of his entire life. His family life was turbulent – his four children were exhibiting behavioral problems – and Tynes chose to escape into the virtual world of the newly-available World Wide Web. Id. at 17. There, he entered adult chatrooms where he engaged what he thought were underage girls in sexual messaging. Id. When he attempted to meet one of those girls, he was arrested, charged with, and found guilty of multiple felonies. Id. at 18-20. He never had any sexual contact with a minor. Id. at 18. He served a year and seven months at a military prison and was registered as a sex offender in several states after his release. Id. at 21, 34-35. He is not now, nor is he required to be, registered as a sex offender in Ohio. Id. at 37…

To adopt the Board’s Findings of Fact and Recommendation and disallow Tynes from taking the Bar and from reapplying to take the Bar would go against the weight of this Court’s previous decisions related to similar misconduct. Tynes cooperated completely with the application process and testified with candor and remorse about the circumstances that led to his criminal convictions. While public perception is a factor to be considered when deciding whether an applicant should be allowed to apply for the Ohio Bar, it is not the only factor, nor is it exclusively a negative factor. As a former prisoner who wishes to help current prisoners, the public with whom the Applicant would be interacting in his future legal career may see his former circumstances and current rehabilitated state as an asset, and not a detriment – “If he can get his life together, so can I.”

Attorney Paul McCartney represents the board.  (Mike Frisch)