Convicted attorney’s punishment reinstated

By: 
Larry Limpf

A Wood County judge lacked the jurisdiction to rule on a defendant’s request to modify his sentence once the defendant had filed a notice appealing the judge’s ruling, according to a recent decision of the Ohio Supreme Court.
The Supreme Court on March 26 granted a writ of prohibition sought by the Wood County prosecutor’s office to vacate a ruling by Common Pleas Court Judge Peter Handwork that reduced a jail term for the defendant, Andrew Schuman, an attorney, who had been convicted of tampering with records, perjury and theft.
On Aug. 5 2019, Judge Handwork sentenced Schuman to three years under community control, including a 45-day jail term. The sentence stipulated Schuman was to have no contact with anyone on probation, parole, community control or with convicted felons.
Two days later, Schuman appealed the judgment to the Ohio Sixth District Court of Appeals and filed a motion with the trial court for an exception to the “no contact” provision so he could, as an attorney who practiced criminal law, interact with his clients.
The prosecutor’s office filed a motion with the trial court opposing Schuman’s request but Judge Handwork granted the practice-of-law exception. On Aug. 23, Schuman filed another motion to have his jail term reduced to 21 days and on Aug. 28 Judge Handwork issued an order reducing the sentence to 30 days.
The prosecutor’s office filed for the writ of prohibition Aug. 29 with the Supreme Court, which unanimously agreed and issued a peremptory writ vacating the judge’s decision.
“The jurisdictional bar is as strong against the modified no-contact condition as it is against any issue expressly addressed in the judgment of sentence, and Judge Handwork had no jurisdiction to reconsider the no-contact condition during the pendency of the appeal,” the decision says.
Judge Handwork didn’t file a response to the prosecutor’s writ request.
Attorneys for Schumer have filed a motion asking the Supreme Court to delay its decision for 10 days.
“Without any prior warning, …(Schuman) learned yesterday (March 26) afternoon that the decision permitting him to be in contact with felons who are his clients was reversed, which has a substantial impact on his client base since many of those he represents are or will become felon,” his motion says. “He will have to withdraw from representation of all those clients who have been convicted of a felony. This requires him to suggest counsel they might retain and to assist them in that transition. It is simply not possible to accomplish all those things in the limited time available.”
The prosecutor’s office has asked the court to deny Schumer’s motion.

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