Submitted September 11, 2019
Certified Report by the Board of Professional Conduct of the
Supreme Court, No. 2018-021.
M. Caligiuri, Disciplinary Counsel, and Lia J. Meehan,
Assistant Disciplinary Counsel, for relator.
Terrence Kensley Scott, pro se.
1} Respondent, Terrence Kensley Scott, of Columbus,
Ohio, Attorney Registration No. 0082019, was admitted to the
practice of law in Ohio in 2007. In an April 30, 2018
complaint, relator, disciplinary counsel, alleged that Scott
engaged in dishonesty, fraud, deceit, or misrepresentation as
well as illegal acts that adversely reflect on his honesty
and trustworthiness. Specifically, relator alleged that Scott
affixed preprinted Universal Product Code ("UPC")
labels for low-cost items onto more expensive merchandise at
a Walmart store and scanned the fraudulent labels to purchase
items for less than their actual price.
2} The parties entered into stipulations of fact,
misconduct, and aggravating and mitigating factors. After a
hearing before a panel of the Board of Professional Conduct,
the board issued a report recommending that Scott be
suspended from the practice of law for six months, all stayed
on the condition that he commit no further misconduct. We
accept the board's findings of misconduct, but we suspend
Scott from the practice of law for one year, fully stayed on
the condition that he commit no further misconduct.
3} The parties stipulate that on December 23, 2017,
Scott stole multiple items from a Walmart store in Whitehall,
Ohio. Before entering the store, he duplicated the UPC labels
for low-cost items found in his home. He took those duplicate
labels to Walmart and affixed them to more expensive items.
Scott then scanned the newly affixed UPC labels at the
self-checkout in two transactions and paid a total of $27.35
for items that had an actual value of $367.21.
4} A Walmart asset-protection associate noticed that
the items Scott had scanned rang up incorrectly and notified
a police officer who was working special duty at the store.
The officer and the associate observed Scott scan multiple
items, including electronics and rugs, that rang up as
cheaper food items. After completing his transactions, Scott
attempted to exit the store. The Walmart associate stopped
him in the store vestibule, recovered the merchandise, and
informed Scott that there was a police officer waiting
outside. The officer observed Scott leave the store and
identified himself as a police officer. Scott turned away
from the officer, who then fired his taser, striking Scott in
the back. Scott fell and hit his head on the concrete.
Officers placed him in handcuffs and, upon searching him,
found more than 100 additional UPC labels. Scott was
transported to a local hospital, where he received several
stitches before being transported to jail.
5} Scott was charged with misdemeanor counts of
theft by deception, possession of criminal tools, and
obstructing official business. On February 6, 2018, he
pleaded guilty to a third-degree-misdemeanor count of
criminal mischief. He received a suspended ten-day jail
sentence and was ordered to pay a fine of $185. Scott paid
the fine, and the case was closed.
6} The parties stipulated and the board found that
Scott's conduct violated Prof.Cond.R. 8.4(b) (prohibiting
a lawyer from committing an illegal act that reflects
adversely on the lawyer's honesty or trustworthiness) and
8.4(c) (prohibiting a lawyer from engaging in conduct
involving dishonesty, fraud, deceit, or misrepresentation).
We adopt these findings of misconduct.
7} When imposing sanctions for attorney misconduct,
we consider all relevant factors, including the ethical
duties that the lawyer violated, the aggravating and
mitigating factors listed in ...