Stroh Center arena at Bowling Green State University in Bowling Green, Ohio. Photo: Shutterstock

Sean FitzGerald, the general counsel at Bowling Green State University near Toledo, Ohio, was to begin serving a 30-day jail sentence Monday after being found in contempt of court while representing himself in divorce proceedings. However, an appeals court has granted him a stay while he appeals the criminal contempt order.

Court records say FitzGerald acted “unprofessional and intimidating,” was untruthful with the court and “has had discovery disputes with almost every lawyer in the case.”

A university statement obtained by Corporate Counsel said the school learned of the contempt sentencing the afternoon of April 12 and immediately placed FitzGerald on administrative leave. FitzGerald, 58, did not return an emailed message seeking comment.

The school statement said, “As the university's general counsel, FitzGerald also holds an appointment as an assistant attorney general for the state of Ohio. The Ohio Attorney General's Office has suspended that appointment.”

It continued, “FitzGerald's status with the university will be further evaluated following consultation with the Attorney General's Office and the outcome of the university's own investigation. Pending those steps, the university will have no further comment.”

Sean FitzGerald.

FitzGerald was appointed general counsel in 2008 and two years later the school added the title of vice president for legal affairs and government relations. Prior to joining Bowling Green State, he served as associate general counsel at Wayne State University in Detroit for 11 years. Prior to that he was an attorney with Cummings, McClorey, Davis & Acho in Livonia, Michigan, handling municipal and zoning matters.

The following details are taken from court records obtained from the Wood County Common Pleas Court in Ohio as well as the Ohio Sixth Appellate District.

FitzGerald has been in protracted divorce proceedings with Margaret FitzGerald since 2017. They have two minor children, one of whom lives with his mother and the other with his father.

In a March hearing related to one son, Sean FitzGerald protested the fee being charged by Martin Mohler, the lawyer representing his son. He told the court he intended to file a grievance against Mohler, which would have required the attorney to withdraw from the proceedings, but later told the court he couldn't decide whether to file it. That left the judge unsure if Mohler could proceed or not.

On April 5, visiting county Judge Stephen Yarbrough found FitzGerald in contempt of court, citing his untruthfulness over the grievance and his unprofessional conduct. Yarbrough wrote that in pleadings, emails and exhibits, FitzGerald had been unprofessional toward the magistrate in divorce court, his former lawyer, the guardian ad litem for his son and his opposing counsel.

The judge wrote that a written pleading by FitzGerald about the threatened grievance “was an attempt to mislead the court, obstruct justice and prejudice the administration of justice … FitzGerald has repeatedly been advised to seek representation.”

FitzGerald told the judge that holding him in contempt would result in his being terminated from the university, leaving him unemployed and unable to support the family.

Yarbrough wasn't swayed. He gave FitzGerald a 30-day jail sentence plus a $250 fine and ordered him to pay all attorney fees associated with the last hearing.

The judge also said he was referring the incident to the Ohio Office of Disciplinary Counsel for review.

FitzGerald appealed to the Ohio Sixth Appellate District, which confirmed the contempt sentence April 8 but delayed it for a week, until Monday, so that FitzGerald could make arrangements for his children.

An officer at the Wood County Justice Center said Monday afternoon it was scheduled to receive FitzGerald but he had not yet been booked at the time.

When the trial court declined to grant bail for FitzGerald, he appealed again to the Ohio Sixth Appellate District, which granted him the stay on April 12 until his full appeal is heard.