The Supreme Court of Ohio today indefinitely suspended the law license of former Toledo City Councilman Tyrone Riley based on his federal public corruption conviction.

Riley has been under an interim suspension since September 2023 after pleading guilty to violating the federal Hobbs Acts. Riley began serving his two-year prison sentence in January. In a per curiam opinion, the Supreme Court indefinitely suspended Riley and granted him no credit for time served under the interim suspension. Generally, an indefinitely suspended attorney can petition for reinstatement after serving two years of the suspension.

The opinion noted Riley’s conviction was based on extorting money from those doing business with the city, and the presumed sanction for attorneys in public office who commit extortion is permanent disbarment. However, the Court noted it has opted for an indefinite suspension in cases where the attorney’s prior commitment to public service demonstrates a “capacity for rehabilitation sufficient to one day return to the practice of law.”

Based on Riley’s record of public service and commitment to the community, the Court stated it was convinced he could one day prove his can resume the ethical practice of law.

Chief Justice Sharon L. Kennedy, and Justices Patrick F. Fischer, R. Patrick DeWine, Michael P. Donnelly, Melody Stewart, and Joseph T. Deters joined the opinion. Justice Jennifer Brunner did not participate in the case.

FBI Investigated Council Members
Riley was a member of city council from 2012 to 2020. He temporarily stepped down from office pending the federal investigation that led to his conviction. He and three other city council members were indicted in July 2020.

Toledo City Councilmembers consider and vote on zoning changes and issuance of special use permits for local businesses. Between April 2019 and February 2020, Riley voted on five zoning changes and special uses permits for Toledo businesses in exchange for money or meals from those involved in the matters.

One of the transactions involved an FBI source who applied for a special use permit to operate an internet café in Toledo. Riley called the source and said, “I need to raise about five grand.” The source responded that he would help Riley if the councilman helped get the permit, and Riley agreed.

Riley and the source met at a local restaurant in October 2019 where they discussed the permit. In the restaurant parking lot, the source gave Riley $5,000 in cash. Three days later, the two met for a second time and Riley returned the cash, telling the source to hold the money for him and that he “had a plan.”

The two met for a third time, at which time Riley took the money and told the source it was a no interest rate “loan” with a repayment date more than five years later at the end of 2024.

In February 2020, Riley voted in favor of the permit to open the internet café. FBI investigators subsequently reviewed Riley’s personal, professional, and campaign bank accounts and did not find a $5,000 deposit. He also did not list the receipt of the money on his campaign finance report.

Riley pleaded guilty in 2022 to violating the Hobbs Act by committing extortion. The Toledo Bar Association filed a complaint against Riley with the Board of Professional Conduct based on Riley’s felony conviction.

The board found Riley committed an illegal act that reflects adversely on his honesty and trustworthiness, and violated the rule prohibiting a lawyer from stating an ability to improperly influence a government agency or official. The board recommended the Supreme Court indefinitely suspend Riley.

Court Considered Similar Acts By Elected Officials
The Court noted that its case law recognized a presumption that permanent disbarment is the appropriate sanction for an attorney holding public office who commits extortion. However, mitigating evidence may justify a less severe sanction, the opinion stated.

In recommending an indefinite suspension, the board considered Riley’s history of public service, noting he had organized and hosted numerous charitable events during his tenure on city council. He also arranged block watch meetings, sponsored an annual charity event where he distributed bicycles and books to disadvantaged children, and partnered with local schools to sponsor a writing competition.

The Court also noted two other cases where public officials committed similar crimes to Riley and were indefinitely suspended. Both former state senator Jeffery Johnson and former Mahoning County Auditor Michael Sciortino were indefinitely suspended, rather than disbarred, after their criminal convictions.

“Our imposition of an indefinite suspension rather than a permanent disbarment does not diminish the gravity of Riley’s misconduct,” the opinion stated.

However, based on his record, the Court found an indefinite suspension was appropriate. Riley must also pay the costs of the disciplinary proceedings.

2024-1104. Toledo Bar Assn. v. Riley, Slip Opinion No. 2024-Ohio-4941.

Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion, but only for noteworthy cases. Opinion summaries are not to be considered as official headnotes or syllabi of court opinions. The full text of this and other court opinions are available online.

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