STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BERNHARDT, 2014 OK 20

William G. Bernhardt (admitted 1986) pleaded guilty to Oklahoma felonies for DUI and aggravated attempting to elude (deferred sentence through Oct. 10, 2018) and had a contemporaneous Nebraska DUI matter resolved as misdemeanor; he has multiple prior alcohol-related convictions (2007, earlier).
He has not practiced law since 1996, earns income as a widely published author and CLE speaker, and had no clients affected by the misconduct.
The Professional Responsibility Trial Panel found Bernhardt to be an alcoholic who achieved sustained sobriety (sobriety date Dec. 10, 2011) after inpatient treatment and ongoing outpatient care with Dr. Hyde; he participates in Lawyers Helping Lawyers and AA (but finds AA less helpful).
The Panel recommended lifting interim suspension and imposing two years and one day deferred suspension with probationary conditions (contract with Lawyers Helping Lawyers, weekly mentor contact, abstinence, waiver of confidentiality for sponsor reporting).
The Bar and respondent agreed with the Panel’s recommendation; the Court reviewed de novo and accepted the recommendation except it made AA attendance optional.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether criminal plea/convictions (DUI felonies) demonstrate unfitness to practice	OBA: Felony DUI convictions and repeated alcohol-related offenses indicate indifference to legal obligations and warrant discipline.	Bernhardt: Has maintained sobriety since 2011, engaged in treatment, no clients harmed, seeks to retain license while abstinent.	Court: Pleas provide basis for discipline; accepted Panel’s recommendation of deferred suspension with probation rather than immediate suspension.
Appropriate disciplinary sanction for repeated alcohol-related offenses	OBA: Discipline needed to protect public confidence and ensure supervision (past cases imposed suspension + probation with monitoring).	Bernhardt: Mitigating factors (treatment, sustained sobriety, character witnesses, no client harm) justify probationary deferred suspension.	Court: Imposed deferred suspension of two years and one day with conditions (abstinence, Lawyers Helping Lawyers contract, weekly mentor contact, sponsor reporting), lifted interim suspension; AA attendance not mandatory.
Whether AA attendance should be mandatory as a probation condition	OBA/Panel: Panel initially recommended attendance or alternative supervised program.	Bernhardt & treating psychologist: Lawyers Helping Lawyers more appropriate; AA not particularly beneficial for him.	Court: Accepted expert testimony and allowed discretion—AA optional; required contract with Lawyers Helping Lawyers.

State ex rel. Oklahoma Bar Ass'n v. Kinsey, 212 P.3d 1186 (Okla. 2009) (appellate standard of review for disciplinary proceedings: de novo review of record and credibility).
State ex rel. Oklahoma Bar Ass'n v. Armstrong, 791 P.2d 815 (Okla. 1990) (felony conviction does not automatically demonstrate unfitness to practice; focus on offenses showing violence, dishonesty, breach of trust).
State ex rel. Oklahoma Bar Ass'n v. Cooley, 304 P.3d 453 (Okla. 2013) (same-sex principle that DUI felony may not facially demonstrate unfitness; importance of patterns of repeated offenses).
State ex rel. Oklahoma Bar Ass'n v. Burns, 145 P.3d 1088 (Okla. 2006) (imposed suspension plus two years supervised probation, with treatment and monitoring conditions for alcohol-related offenses).
State ex rel. Oklahoma Bar Ass'n v. McBride, 175 P.3d 379 (Okla. 2007) (public censure with deferred suspension and intensive probationary conditions for repeated alcohol-related misconduct).
State ex rel. Oklahoma Bar Ass'n v. Garrett, 127 P.3d 600 (Okla. 2005) (public censure and probation with treatment conditions for chronic alcoholism leading to criminal misconduct).