Summary
The Supreme Court of Ohio held that Bridget Marie McCafferty violated several Ohio Rules of Professional Conduct and Ohio Code of Judicial Conduct provisions through felony convictions for making false statements to FBI agents. The court imposed an indefinite suspension from the practice of law without credit for her interim felony suspension, beginning after completion of her federal supervised release.
Topics
Practice areas
Questions Presented
- Whether McCafferty's federal convictions and related conduct violated the cited Ohio Rules of Professional Conduct and Ohio Code of Judicial Conduct provisions.
- Whether the appropriate disciplinary sanction was disbarment, a fixed-term suspension, or an indefinite suspension without credit for the prior interim felony suspension.
Holdings
- McCafferty's conduct violated Prof.Cond.R. 8.4(b), (c), (d), and (h), and Jud.Cond.R. 1.1, 1.2, 1.3, and 2.4(B). Her federal convictions constituted conclusive evidence of the charged acts, and her false statements about attempts to influence her judicial conduct also constituted an abuse of the prestige of judicial office.
- An indefinite suspension from the practice of law, without credit for time served under the interim felony suspension, was appropriate. The interim suspension would continue until McCafferty completed all terms of federal supervised release and was discharged by the federal district court, after which the indefinite suspension would begin.
Key quotations
“When a judge’s felonious conduct brings disrepute to the judicial system, the institution is irreparably harmed” (¶ 16)
“Thus, we determine that an indefinite suspension without credit for time served is the appropriate sanction for her misconduct.” (¶ 25)
“Her interim felony suspension continues until she completes all terms of her federal supervised release and has been discharged by the federal district court, and this indefinite suspension will begin at that time.” (¶ 26)
Factual background
Bridget Marie McCafferty served as a Cuyahoga County Court of Common Pleas judge while the FBI investigated corruption involving county officials. During an interview, she made false statements about contacts with and possible influence by Frank Russo, James Dimora, and Steve Pumper concerning matters connected to her courtroom. She was convicted of four federal false-statement offenses and received imprisonment, supervised release, community service, and a fine. Her conduct also violated multiple Ohio Rules of Professional Conduct and Ohio Code of Judicial Conduct provisions.
Procedural history
McCafferty was convicted in federal court of four merged counts of making false statements to FBI agents. The Supreme Court of Ohio imposed an interim felony suspension, after which the Ohio State Bar Association filed a disciplinary complaint. A three-member hearing panel and the Board of Commissioners on Grievances and Discipline found multiple violations and recommended an indefinite suspension without credit for the interim suspension. The Supreme Court adopted those findings and recommendation.