STATE ex rel. OKLAHOMA BAR ASSOCIATION v. DEMOPOLOS
2015 OK 50
| Okla. | 2015Background
- Respondent, a licensed Oklahoma attorney, pled guilty to three misdemeanors: obstructing a public officer, threatening violence involving serious bodily harm or death, and domestic abuse assault and battery.
- Oklahoma Bar Association sought immediate suspension under Rule 7 RGDP; this Court issued interim suspension.
- District Court deferred its two-year sentence and required supervision, batterers intervention, and testing.
- Post-conviction mitigation hearing before a PRT panel reviewed Respondent’s conduct and treatment efforts.
- This Court conducted de novo Rule 7 review, determining the appropriate discipline in light of mitigation and ongoing treatment.
- Respondent is ordered to a one-year immediate suspension, plus an additional one-year deferred suspension conditioned on compliance with seven probationary terms; costs of $1,251.80 are assessed against Respondent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the crime convictions establish unfitness to practice law. | Bar Association: Convictions for violent domestic abuse demonstrate unfitness. | Demopolos: Mitigation evidence shows rehabilitation ongoing; not all factors mandate harsher discipline. | Yes; convictions support discipline, but mitigation reduces severity. |
| What discipline is appropriate given the record and mitigation. | Bar seeks two-year suspension. | Respondent argues for lesser discipline. | One-year suspension with one-year deferred suspension conditioned on seven terms. |
| How and when the deferred suspension is implemented. | Bar to implement deferred suspension upon violation of conditions. | Respondent to be monitored under deferred terms. | Deferred suspension to commence upon violation of conditions; interim orders govern implementation. |
| Allocation of costs for the Rule 7 proceeding. | Bar seeks costs against Respondent. | Respondent should not bear all costs? | Costs of $1,251.80 imposed on Respondent. |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Zannotti, 330 P.3d 11 (2014 OK 25) (discussed at length; factors for discipline post-conviction)
- State ex rel. Oklahoma Bar Ass'n v. Givens, 343 P.3d 217 (2014 OK 103) (violent domestic abuse linked to unfitness and discipline)
- State ex rel. Oklahoma Bar Ass'n v. Soderstrom, 321 P.3d 159 (2013 OK 101) (mitigation factors after treatment considered in discipline)
- State ex rel. Oklahoma Bar Ass'n v. Ijams, 338 P.3d 639 (2014 OK 93) (consideration of sobriety and treatment in mitigation)