On Friday, June 7, 2024, the Board of Professional Conduct of the Supreme Court of Ohio recommended the suspension of attorney Eric Jordan Burkett from the practice of law for two years, with the suspension stayed in its entirety.

The case is entitled “In the Matter of Eric Jordan Burkett,” with case no. 2023-046.

According to the filing, Burkett was previously employed as an assistant city prosecutor for Delaware, Ohio, where he had access to the Ohio Law Enforcement Gateway (OHLEG) database. OHLEG allows law enforcement agencies to share criminal justice information and contains personal details such as social security numbers. As part of his application to access OHLEG, Burkett agreed to only use the system for official work purposes.

However, in January 2022 Burkett improperly utilized OHLEG for personal reasons. A man had begun spending time with Burkett’s wife after connecting via a dating application. In response, Burkett searched the man’s name in OHLEG to obtain his social security and driver’s license numbers, even though the man had no pending legal matters in the court where Burkett worked. Burkett later sent text messages and made phone calls to the man instructing him to stay away.

When questioned by his supervisor, Burkett initially denied the unauthorized OHLEG search before admitting to it. He resigned from his job shortly after. Burkett later pled guilty to one count of attempted unauthorized use of property, a misdemeanor, for which he received a $500 fine.

The Disciplinary Counsel filed a complaint against Burkett alleging his actions violated ethics rules regarding illegal conduct and dishonesty. The parties agreed to a consent-to-discipline settlement proposing a two-year fully stayed suspension.

In making its decision, the Board considered Burkett had no prior discipline, cooperated fully, and obtained mental health counseling since the incident. It also reviewed three previous Ohio cases of attorneys misusing OHLEG, though noting Burkett’s single search was less extensive than other matters.

The Board recommended approving the consent agreement, finding Burkett’s conduct warranted suspension. It proposed a two-year stayed suspension on condition that Burkett commit no further misconduct and continue counseling. The Supreme Court will make the final decision about discipline.

According to avvo.com, Mr. Burkett is a state, local, and municipal law attorney in Delaware, Ohio. He attended the Ohio Northern University – Claude W. Pettit College, graduating in 2019. He acquired his law license in Ohio in 2021.

A copy of the original filing can be found here.