“All in all, Hartley has demonstrated numerous instances of conduct that reflect poorly on the legal profession,” according to the Disciplinary Hearing v. Hartley slip opinion. “He has been convicted of violent acts directed at his family, including his children, and he has publicly made vulgar and demeaning threats to not only his ex-wife but to her attorney as well. When viewed in light of our precedent, these actions, coupled with Hartley’s conduct during his disciplinary hearing, warrant an indefinite suspension to ‘protect the public.’”
The panel who oversaw Harley’s disciplinary hearing in May described Hartley in its recommendation for indefinite suspension as an “arrogant, trying, taxing and exasperating” witness who frequently “rambled on and on” without directly answering a question.
“It stated that Hartley had offered alternative explanations for the criminal charges filed against him; had placed blame for his convictions on the victims of his criminal acts, the courts or his counsel; and had alleged that some of the charges were merely attempts to hurt him,” the document stated.
Hartley was convicted in Kettering Municipal Court of one misdemeanor charge in each of five cases for incidents between January 2020 and October 2021.
Credit: Jen Balduf
Credit: Jen Balduf
Assault conviction: Hartley and the mother of a client he represented in a criminal case spoke and exchanged text messages. The woman agreed she would talk to him at her home out of concern for his wellbeing, according to the report. When he arrived, he was reportedly intoxicated and made “inappropriate and sexually charged” comments about a 13-year-old girl and then refused to leave. Hartley struggled with the woman when she tried to call 911 to take away her cellphone. The woman filed for and received criminal protection orders for herself and her teen daughter. In July 2021, a jury found Hartley guilty of assault. He was sentenced to 180 days in jail with 170 days suspended; fined $1,000 with $850 suspended; and ordered to serve three years of supervised probation. He also had to pay $2,000 in restitution for damage to the woman’s home, court documents state.
First disorderly conduct conviction: Hartley’s wife reported that he grabbed her, threw her down and stepped on her neck with his foot during an argument in August 2020. Two days later Hartley was charged with domestic violence and his wife received a civil protection order. The next week, his wife filed for divorce. In March 2022 Hartley pleaded no contest to disorderly conduct and was found guilty. He was sentenced to 30 days in jail, all suspended; fined $250 with $200 suspended; and ordered to serve three years of supervised probation, according to court records.
Second disorderly conduct conviction: Harley’s two daughters, ages 8 and 6, were at his Kettering law office in October 2020. The older girl was sitting in a chair when Hartley reportedly grabbed her by the neck and squeezed, preventing her from breathing. While holding her neck police said he lifted her from the chair and told her to “shut up” before he let her go, court documents stated. Hartley’s first wife, the mother of their daughters, filed for and received civil protection orders protecting the girls. He was charged with domestic violence, two counts of endangering children and one count of assault. A jury acquitted him of domestic violence and assault but could not reach a verdict for endangering children. Prosecutors dismissed the second endangering children count. Hartley later pleaded no contest to disorderly conduct. He was convicted and sentenced to 30 days in jail with 28 days suspended and credit for two days served. He also was fined $250 with $200 suspended and ordered to serve three years of supervised probation.
Telecommunications harassment conviction: In September and October 2021, Hartley made a series of posts and comments aimed at his wife on his public Facebook account, which had more than 500 friends, including judges, Dayton-area attorneys and other legal professionals. Hartley was charged with one count of violating a protection order and two counts of telecommunications harassment. He pleaded no contest and was found guilty of one telecommunications harassment count. He was sentenced to 180 days in jail, fully suspended, fined $1,000 with $950 suspended; and ordered to serve five years of supervised probation.
Menacing conviction: An attorney who represented Hartley’s ex-wife in their custody case filed a motion in August 2021 to terminate a shared parenting agreement and to award his ex full custody and child support. After the motion was filed Hartley made public threats against the attorney on his Facebook account and in one post said he was “still waiting on (her) thanks for a bullet not being placed in (her) brain.” The other attorney filed a police report and said Hartley posed a “legitimate threat to her personal safety.” she installed new security equipment and warned relatives about Hartley. He was charged with three telecommunications harassment charges but pleaded no contest to and was found guilty of menacing with the other counts dismissed. He was sentenced to 30 days in jail, all suspended, fined $250 with $200 suspended and was ordered to serve three years of supervised probation.
In order to be reinstated, Hartley must have an independent psychological or psychiatric evaluation within three months of a petition for reinstatement; evidence of compliance with any mental health treatment recommendations; a prognosis that Hartley will be able to return to competent, ethical and professional practice of law; evidence of a sustained period of successful treatment of diagnosed conditions; and proof of Hartley’s compliance with probation conditions in his criminal cases, according to the ruling.
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