The Ohio Supreme Court ordered a six-month law license suspension for Youngstown attorney Gregg Rossi, a former Mahoning County Bar Association president, for interfering with the prosecution of a friend on an assault charge and then lying about it.

The court voted 7-0 in a Friday decision to suspend Rossi for the six months and require he complete six hours of continuing legal education focusing on ethics, professionalism and the application of Marsy’s Law, which protects the rights of crime victims.

The court followed the recommendation of the Ohio Board of Professional Conduct. Rossi argued for the court to not suspend him or give him a public reprimand.

The court’s decision states Rossi submitted 22 character letters — 16 from attorneys, five from judges and one from a magistrate — “declaring that he is a well-respected, dedicated and zealous advocate who is known for his honesty, strong work ethic and community service — including his past service as the president of the Mahoning County Bar Association. We find that those letters, combined with Rossi’s clean disciplinary record and cooperation in the disciplinary proceeding are insufficient to overcome the misconduct in this case. We find that an actual license suspension is necessary both to protect the public and to impart on Rossi the full extent of the wrongfulness of his misconduct.”

The judges who submitted letters for Rossi were R. Scott Krichbaum, Anthony Donofrio and Anthony M. D’Apolito of Mahoning County Common Pleas Court; Scott Hunter of county area court; and Youngstown Municipal Court Judge Renee DiSalvo.

The disciplinary action stems from a case in county area court in Canfield in which John Yerkey, a chiropractor and Rossi’s friend, was charged Dec. 18, 2021, with a misdemeanor count of assault for getting into a fight with his then-girlfriend, a pharmacist, in Beaver Township.

Yerkey was released on bond and ordered not to have contact with the woman, who contacted him by text Dec. 24, 2021, inviting him to talk, according to the court’s decision. Yerkey communicated with her in an attempt to influence the prosecution of his

case, the court’s decision reads.

Rossi became aware of the communication and reminded Yerkey at least four times about the no-contact order. Yerkey asked Rossi to create a nondisclosure agreement for him and the woman to prevent his prosecution, which Rossi did without speaking to the woman, according to the decision.

The agreement directed the woman to request the county assistant prosecutor dismiss the charges and include a confidentiality clause not permitting her or Yerkey to disclose personal information.

The woman later testified she felt pressured to sign the agreement by Yerkey. She met with Rossi for the first time to sign the agreement.

Patrick Fenning, the assistant prosecutor in the case, testified during Rossi’s disciplinary hearing that after learning of the nondisclosure agreement, he filed a motion to compel its disclosure.

The Supreme Court’s decision states Rossi filed objections to the motion, “in which he lied to the court, stating, ‘The terms and conditions of this agreement were negotiated between (the woman) and undersigned counsel and entered into, providing mutual release and a nondisclosure agreement with respect to the alleged incident.’ In fact, Yerkey asked Rossi to draft the nondisclosure agreement and Rossi admitted in his disciplinary hearing testimony that he did not speak to (the woman) until she arrived at his office to sign it.”

The decision adds: “Rossi testified that his statement to the court about negotiating the nondisclosure agreement with (the woman) was a ‘mistake.’ The panel, however, did not find Rossi’s claim of ‘mistake’ to be credible. Instead the panel found that Rossi falsely claimed that he had negotiated the terms of the nondisclosure agreement with (the woman) so that the court would not learn that Yerkey was violating the no-contact condition of his bond and potentially violating Marsy’s Law.”

Judge Molly Johnson, who was presiding over Yerkey’s case, said during Rossi’s disciplinary hearing she would have considered a bond revocation hearing had she known about the communication between him and the woman. After reviewing the agreement, Johnson filed a grievance against Rossi and recused herself from the case.

The Supreme Court determined Rossi made a false statement, implicitly encouraged Yerkey to violate the court’s bond condition of no contact, drafted the agreement “in part to influence the prosecution of Yerkey’s criminal case,” and delayed the case and necessitated the appointment of a new judge.

Edward E. O’Farrell, a retired Tuscarawas County Common Pleas Court judge, was appointed to preside over Yerkey’s case. Yerkey was found guilty Feb. 9, 2023, of the charge and sentenced March 31, 2023, to 180 days in the county jail.

The 7th District Court of Appeals on Feb. 26, 2024, ruled that because Rossi was permitted to withdraw at the beginning of the sentencing hearing and O’Farrell denied a request for a continuance, the judgment was reversed and ordered O’Farrell to resentence Yerkey, even though he had already served the jail sentence.

Yerkey was in state prison at the time of the appeals court’s decision for two felony counts of violating a protection order. O’Farrell reimposed the 180-day sentence on Yerkey on April 11, 2024.