“It is further ordered that (Hartley) immediately cease and desist from the practice of law in any form and that (he) is hereby forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency, or other public authority,” the order from the supreme court says.
The suspension was issued after the Office of Disciplinary Counsel filed a motion with the court seeking to suspend Hartley until the completion of criminal cases he faces and a disciplinary investigation, according to the motion. The disciplinary counsel is affiliated with the Ohio Supreme Court and investigates attorneys who are accused of ethical misconduct.
A spokesperson for the disciplinary counsel said motions like the one against Hartley are rare.
Hartley’s attorney, George D. Jonson, filed a response to the disciplinary counsel’s motion on Monday morning saying that Hartley is not a threat and that he continues to be an effective advocate for his clients. He could not be immediately reached for comment Monday evening after the court’s ruling.
In their motion, the disciplinary counsel said Hartley has been charged in five cases in Kettering Municipal Court.
“The charged offenses in these cases include assault, domestic violence, child endangering, violation of a protection order, telecommunications harassment (telephone and internet), and menacing — all first-degree misdemeanors,” the motion says. “(Hartley) is also the subject of four protection and/or no-contact orders involving the victims in these cases. Further, (Hartley) has made a series of vile, disparaging, and public posts on Facebook that threaten another attorney and respondent’s wife with physical harm.”
The motion says the victims of the cases are Hartley’s wife, daughter, the mother of a former client, and the attorney representing the mother of his two minor daughters on a motion to terminate custody.
“A jury found (Hartley) guilty of assault of his former client’s mother in one of the five cases,” the motion says. “Because respondent has not been sentenced in the assault case, it remains open. The remaining four cases are also pending …”
In Jonson’s response on behalf of Hartley, he said that Hartley is presumed innocent until proven guilty and notes that four of the cases have not been tried. He said there is a current attempt to file a motion for a new trial in the case in which Hartley was found guilty.
It also says that although the Facebook comments were inappropriate and some vulgar, they are not sufficient for an immediate, remedial suspension.
“The pending cases are not uncommon outcroppings of domestic relations and custody matters,” Jonson wrote. “Emotions run hot. Allegations are made for tactical advantage that are not always true. (Hartley) should be allowed to defend these misdemeanor criminal cases to conclusion.”
“(Hartley) should be allowed to continue to practice law unless and until it is proven, after a full disciplinary hearing, that he has violated the Ohio Rules of Professional Conduct,” the memorandum says.
The order by the supreme court, which was signed by Chief Justice Maureen O’Connor, did not include the reasoning behind its decision.
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