STATE ex rel. OKLAHOMA BAR ASSOCIATION v. DEMOPOLOS
2015 OK 50
| Okla. | 2015Background
- Respondent James M. Demopolos pled guilty in Oklahoma County District Court to obstructing a public officer, threatening to perform violence involving serious bodily harm or death, and domestic abuse assault and battery; one count was dismissed.
- Bar Association sought immediate suspension; the Court granted interim suspension.
- Mitigation hearing before a PRT panel resulted in a recommendation of six months’ suspension with a two-year-plus-one-day deferred suspension; Bar sought a two-year suspension.
- District Court deferred its two-year sentence to January 6, 2017, with DOC supervision and completion of a 52-week Batterers Intervention Program with substance abuse testing.
- The Supreme Court reviews Rule 7 matters de novo, using the guilty plea as conclusive evidence of misconduct and considering the full record for appropriate discipline.
- The Court imposes a one-year suspension with an additional deferred one-year suspension conditioned on seven probationary terms and conduct rehabilitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the conviction demonstrate unfitness to practice law? | Bar argues the violent domestic abuse conviction shows unfitness. | Demopolos argues mitigating factors show rehabilitation and lesser discipline. | Yes; conviction demonstrates unfitness and supports discipline. |
| What is the proper professional sanction? | Bar seeks two-year suspension from the outset. | Panel recommended six months with two-year and one-day deferred suspension. | One-year suspension with an additional one-year deferred suspension conditioned on compliance. |
| Should the deferred-suspension terms and implementation procedure be adopted and relied upon? | Bar seeks adherence to and enforcement of deferred-suspension conditions. | Respondent argues for release or limited restrictions. | Deferred-suspension and implementation framework affirmed, with specified conditions and due-process safeguards. |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Zannotti, 330 P.3d 11 (Okla. 2014) (discipline based on pattern of misconduct and aggravating factors)
- State ex rel. Oklahoma Bar Ass'n v. Givens, 343 P.3d 214 (Okla. 2014) (two-year suspension for intoxicated domestic abuse with prior pattern of abuse)
- State ex rel. Oklahoma Bar Ass'n v. Soderstrom, 321 P.3d 159 (Okla. 2013) (mitigation with treatment and sobriety considered in discipline)
- State ex rel. Oklahoma Bar Ass'n v. Ijams, 338 P.3d 639 (Okla. 2014) (considerations of treatment and relapse in determining suspension)
- State ex rel. Oklahoma Bar Ass'n v. Wilcox, 318 P.3d 1114 (Okla. 2014) (context for deferred suspension and monitoring)
- State ex rel. Oklahoma Bar Ass'n v. Mothershed, 264 P.3d 1197 (Okla. 2011) (general framework for de novo review of disciplinary matters)