Summary
The Supreme Court of Ohio considered attorney-discipline charges against former judge Steven James Terry arising from felony convictions for conspiracy and honest-services mail fraud involving favorable judicial action in exchange for campaign support. The court adopted the findings of misconduct and permanently disbarred Terry, concluding that his misuse of judicial authority was more egregious than the misconduct in a comparable case warranting indefinite suspension. The court also taxed costs to Terry, with one justice dissenting from the sanction.
Topics
Practice areas
Questions Presented
- Whether Terry's conduct violated the former Code of Judicial Conduct and the Ohio Rules of Professional Conduct.
- Whether permanent disbarment, rather than an indefinite suspension, was the appropriate sanction for Terry's felony convictions and abuse of his judicial position.
Holdings
- Terry's conduct violated former Canons 1, 2, 3(B)(7), 3(E), and 4 of the Code of Judicial Conduct, as well as Prof.Cond.R. 8.4(d) and 8.4(h).
- Permanent disbarment was warranted because Terry's misconduct involved felony convictions and the actual misuse of his judicial position to obtain favorable judicial action in exchange for campaign support.
Key quotations
“We adopt the board’s findings of fact and misconduct, overrule Terry’s objection, and permanently disbar him from the practice of law in Ohio.” (¶ 4)
“Because his misconduct occurred in the performance of his core judicial duties, we find that it is substantially more egregious than McCafferty’s misconduct.” (¶ 17)
“Accordingly, Steven James Terry is permanently disbarred from the practice of law in Ohio.” (¶ 18)
Factual background
Steven James Terry was appointed to the Cuyahoga County Court of Common Pleas in 2007 and later provided favorable judicial treatment in a foreclosure-related case after receiving campaign support from Cuyahoga County Auditor Frank Russo. Terry directed the assigned magistrate to deny a bank's summary-judgment motion and did not disclose his communications with Russo and counsel for the opposing party. Terry was subsequently convicted in federal court of conspiracy to commit mail fraud and two counts of honest-services mail fraud arising from his judicial conduct, including soliciting and accepting things of value in exchange for favorable official action.
Procedural history
Disciplinary Counsel filed a complaint alleging that Terry's conduct underlying his federal felony convictions violated former judicial canons and the Ohio Rules of Professional Conduct. A panel heard witness testimony and considered stipulated facts, misconduct, aggravating and mitigating factors, and exhibits. The panel recommended an indefinite suspension, but the board recommended permanent disbarment. The Supreme Court of Ohio adopted the board's findings, overruled Terry's objection, and permanently disbarred him.