The Supreme Court of Ohio has indefinitely suspended Jason Warner, a former Marion County Common Pleas judge, from practicing law following his conviction on two felony charges related to leaving the scene of an auto accident. Warner resigned after receiving a two-year prison sentence and had been under interim suspension since March 2021 for complicity in leaving the scene and tampering with evidence. The court did not credit him for time served during this suspension.
Chief Justice Sharon L. Kennedy, writing for the court, emphasized the high standards expected of judges due to their authoritative roles. “Warner failed to live up to those high standards,” she stated. Justices R. Patrick DeWine, Michael P. Donnelly, Melody Stewart, and Joseph T. Deters concurred with the opinion, while Justice Jennifer Brunner abstained from participation.
Justice Patrick F. Fischer, in a concurring opinion, highlighted the court's return to its precedent of not granting credit for time served under interim felony suspensions to convicted judges. He referenced an exception made for former Hamilton County Juvenile Court Judge Tracie Hunter but stressed consistency in disciplinary sanctions.
The incident leading to Warner's conviction occurred in June 2020 when he and his wife left an accident scene after their vehicle collided with another car, causing severe injuries to its driver. Despite dismissing vehicular assault charges prior to trial, Warner was convicted on two complicity counts and lost his appeal at the Third District Court of Appeals.
The Office of Disciplinary Counsel filed a complaint against Warner based on his convictions. The Board of Professional Conduct found multiple violations of judicial and attorney conduct rules by Warner and recommended indefinite suspension without credit for time served during his interim suspension.
Warner contested the board's findings but was ultimately overruled by the Supreme Court. Chief Justice Kennedy noted that a criminal conviction serves as conclusive evidence in disciplinary proceedings and that Warner’s actions adversely reflected on his fitness to practice law.
While distinguishing between cases leading to disbarment due to preplanned felonious conduct by judges acting in their official capacity, the board considered Warner’s behavior as stemming from a single unplanned act outside his judicial role. Consequently, permanent disbarment was deemed unwarranted by the court.
Warner is required to bear the costs associated with the disciplinary proceedings against him.