The Dangers Of Mask Removal
The Ohio Supreme Court has ordered an indefinite suspension of an attorney for criminal and client-related misconduct.
The crimes
In 2020, Reed’s girlfriend, P.S., and her then eight-year-old daughter resided with Reed in his Urbana home. P.S. also worked as an administrative assistant in Reed’s law office, which he operated out of his house.
On May 5, 2020, P.S. found Reed “passed-out drunk” on the couch in his office. Later that day, she and Reed got into an argument, and Reed shoved her as she tried to enter her car. P.S. walked across the street to escape the assault. Sometime after P.S. left, Reed slashed two of the tires on her car. After returning the next morning, P.S. called the Urbana Police Department to file a report. She informed police that Reed was likely in court and that he was intoxicated.
That morning, Reed had appeared for a final evidentiary hearing in a Champaign County domestic-relations matter. After the hearing, Urbana police officers arrested Reed in the courthouse. As the officers escorted Reed to their cruiser, Reed removed the mask he was wearing due to the COVID-19 pandemic, at which point the officers noted an odor of alcohol coming from his person. The arresting officers administered several field-sobriety tests, which Reed failed. Reed was charged with domestic violence and assault related to the incident with P.S. the previous day. And because Reed had driven to the courthouse that morning, the police also charged him with operating a vehicle under the influence of alcohol (“OVI”), a first-degree misdemeanor.
An arrest warrant was issued
On May 16, Reed contacted P.S. by text message and telephone in violation of the TPO. Later that day, he crawled through a window of his home but fled when the police arrived. He was quickly apprehended and arrested—and found to be wearing a bulletproof vest.
After a nine-count indictment was returned
On June 22, Reed, while holding a knife, told his mother that he was going to his home to kill P.S. Reed’s mother promptly informed Reed’s behavioral health counselor of the threat. Reed’s counselor immediately alerted the police, and a high-speed chase ensued. During the chase, Reed drove his car at more than 99 m.p.h., lost control, and crashed into a tree. He was arrested at the scene with a blood-alcohol level of 0.17. Reed was arraigned on charges of failure to comply with an order or signal of a police officer, OVI, and inducing panic in Champaign C.P. No. 2020 CR 135. The court set bond at $150,000. The next day, the judge presiding over Reed’s earlier criminal case revoked Reed’s bond in that matter.
This led to a four-count indictment
In late October, Reed pleaded guilty to amended counts of attempted burglary (a third-degree felony), trespassing in a habitation (a fourth-degree felony), and domestic violence (a first-degree misdemeanor) in Champaign C.P. No. 2020 CR 100. The state dismissed the six other counts in that case. In Champaign C.P. No. 2020 CR 135, Reed pleaded guilty to an amended count of attempted failure to comply with an order or signal of a police officer (a fourth-degree felony) and OVI (a first-degree misdemeanor). The state dismissed the two remaining counts.
The client matters
The parties stipulated and the board found that Reed’s conduct in the Diehl and Kermode matters violated Prof.Cond.R. 1.3 (requiring a lawyer to act with reasonable diligence in representing a client), 1.4(a)(4) (requiring a lawyer to comply as soon as practicable with a client’s reasonable requests for information), 1.15(c), and 1.16(e), and that his conduct in the Diehl matter also violated Prof.Cond.R. 8.4(d). We adopt these findings of misconduct.
Sanction
After considering Reed’s misconduct, the applicable aggravating and mitigating factors, and the sanctions imposed in Deters, Tinch, and Wilson, the board concluded that an indefinite suspension coupled with an order of restitution and the parties’ proposed conditions for reinstatement is the appropriate sanction for Reed’s misconduct. Citing the condition that Reed not be permitted to petition for reinstatement until he has successfully completed his term of post-release control, his genuine remorse and acceptance of responsibility for his wrongdoing, and his commitment to his treatment program, the board recommends that he receive credit for 18 months of the time he has served under his interim felony suspension. Having reviewed the record in this case and our precedent, we agree with the board’s recommendation.
WHIO TV 7 reported on the criminal sentencing. (Mike Frisch)