STATE ex rel. OKLAHOMA BAR ASSOCIATION v. DEMOPOLOS
2015 OK 50
| Okla. | 2015Background
- James M. Demopolos, an Oklahoma-licensed lawyer, pled guilty in Oklahoma County to three misdemeanors: obstructing a public officer, threatening violence, and domestic abuse assault and battery; one charge was dismissed.
- The district court deferred a two-year sentence with supervision, fined him, and ordered completion of a 52-week Batterers Intervention Program and substance-abuse testing.
- Under Rule 7 RGDP the Oklahoma Bar Association transmitted the criminal plea documents, triggering an interim suspension (Feb 2, 2015) and a mitigation hearing before a PRT trial panel.
- Mitigation evidence: long practice without prior discipline, recent participation in inpatient treatment, AA and Lawyers Helping Lawyers, some relapses but drug tests negative since treatment, supportive wife who did not seek protective order.
- The PRT recommended six months suspension plus a deferred suspension of two years and one day with conditions; the Bar sought two years; the Supreme Court imposed a one-year immediate suspension plus an additional one-year deferred suspension conditioned on compliance with enumerated requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the criminal plea establishes professional misconduct/unfitness | Bar: Guilty plea to violent domestic act conclusively shows unfitness under Rule 7.2 and Rule 8.4 | Demopolos: Mitigation evidence should limit or remove discipline; waived challenge to interim suspension but sought mitigation hearing | Guilty plea is conclusive evidence of commission; domestic violence demonstrates unfitness and merits discipline. |
| Appropriate discipline (length/type) | Bar: Two-year suspension | Demopolos: No final suspension or accept PRT recommendation (6 months + deferred 2 yrs+1 day) | Court imposed 1-year immediate suspension (from Feb 2, 2015) plus an additional 1-year deferred suspension (ending Feb 3, 2017) with specified conditions. |
| Weight of mitigation (treatment, sobriety, family support) | Bar: Recent sobriety <1 year and prior substance abuse/relapses warrant substantial suspension | Demopolos: Treatment, AA, Lawyers Helping Lawyers, supportive spouse show rehabilitation and mitigation | Court credited mitigation but found sobriety too recent to avoid a significant suspension; mitigation reduced discipline below Bar's request but not to PRT's shorter term. |
| Procedure to implement deferred suspension upon violation | Bar: General Counsel should notify Court to implement deferred suspension immediately upon violation | Demopolos: (implicit) must be afforded due process before implementation | Court set procedure: General Counsel files notice of violation, Court issues interim order effective the date of alleged violation, Respondent given opportunity to show cause or object; final implementation follows if waived or objection is overruled. |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Givens, 343 P.3d 214 (Okla. 2014) (domestic violence by a lawyer demonstrates unfitness and supports suspension)
- State ex rel. Oklahoma Bar Ass'n v. Zannotti, 330 P.3d 11 (Okla. 2014) (two-year suspension where deferred criminal supervision reflected need to protect public)
- State ex rel. Oklahoma Bar Ass'n v. Soderstrom, 321 P.3d 159 (Okla. 2013) (suspension where repeated substance-relapse undermined fitness; lengthy sobriety needed for reinstatement)
- State ex rel. Oklahoma Bar Ass'n v. Ijams, 338 P.3d 639 (Okla. 2014) (court may align professional suspension with criminal sentence timing and considers criminal supervision in mitigation)