COLUMBUS — A disciplinary panel announced Monday that it has recommended that Tyrone Riley, the former Toledo city councilman serving federal prison time for extortion, should indefinitely lose his license to practice law.
The recommendation for an indefinite suspension by the three-member Ohio Board of Professional Conduct is in line with an agreement reached between Riley and the Toledo Bar Association. The final decision belongs to the Ohio Supreme Court.
The board declined to credit him for the time his law license has been suspended while he is serving a two-year sentence at a federal prison in Ashland, Ky., for a single felony count of extortion under color of official right.
"Given that [Riley] is serving a 24-month term of incarceration, if he were to serve the full term, credit for his interim felony suspension would make him eligible for reinstatement immediately at the end of his incarceration," the board's report reads. "Accordingly, the panel recommends imposition of an indefinite sentence with no credit for the item felony suspension imposed on September 15, 2023.”
The board decided against permanent disbarment, leaving the door open for Riley to someday seek a return to law practice.
"... [Riley's] misconduct did not impact his practice of law," the panel said. "Thus, we find disbarment inappropriate."
Riley, testifying via video in June from prison, had urged the board not to disbar him.
An attorney since 1985, Riley, 68, entered a guilty plea with federal prosecutors and began serving his prison term in January. He said he had been told he could be released as soon as February, followed by a year of supervised release.
He admitted to taking $5,000 in exchange for special use permit votes favoring proposed internet cafes in 2019 and 2020. While Riley contended the money was meant for his campaign, it was never publicly disclosed on campaign finance reports as a contribution.
The bar association contended that his criminal acts also represented violations of the rules of professional conduct for attorneys.
Three fellow councilmen — Larry Sykes, Gary Johnson, and Yvonne Harper — also entered guilty pleas or were convicted at trial.
The board took into consideration Riley’s acceptance of responsibility for his actions, his contention that the bribe did not lead to his changing his planned vote, his cooperation with disciplinary proceedings, and letters submitted attesting to his character and legal practice.
But it also determined that it would take into consideration the fact that this was not the first time Riley has faced disciplinary action. His license had been briefly suspended in 2000 for a continuing education violation.
"It's not unusual for them not to give credit for time sitting in custody," Riley's Maumee attorney, Charles “Chuck” Boss said. "Thankfully, it's not too great of a time.”
"I'm pleased with the decision and the recommendation to the Supreme Court," he said. "It means Tyrone may be able to be reinstated as a lawyer. Toledo is a better place with Tyrone practicing law."
Peggy Mattimoe Sturgeon, bar association counsel, said the association supports the board's decision.
Supreme Court Chief Justice Sharon Kennedy has already issued an order for either side to file briefs, if necessary, to argue why the board’s recommendation should not be confirmed. The two sides could also individually or jointly file a brief supporting the recommendation. Mr. Boss said he will consult with his client before deciding how to respond.
"I am deeply remorseful for my actions, the mistake that I made," Riley told the board in June. "I'm paying a price for the mistake that I made. I feel bad that I let my family down, that I let my friends down, and I let my community down."
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