STATE ex rel. OKLAHOMA BAR ASSOCIATION v. HUNT
2017 OK 28
| Okla. | 2017Background
- Respondent pleaded guilty to DUI felony in Cleveland County; interim suspension of his law license issued February 16, 2016.
- Respondent completed drug court rehabilitation; district court criminal charges were dismissed.
- Rule 7 disciplinary proceeding continued to allow rehabilitation but interim suspension remained in effect.
- Bar Association recommended lifting interim suspension and imposing public censure.
- Court vacated interim suspension and imposed public censure as final discipline.
- Record shows rehabilitation and no present unfitness to practice law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether interim suspension should be vacated. | Bar Association seeks public discipline. | Hunt argues for relief or reprimand. | Interim suspension vacated; public censure imposed. |
| Whether repeated alcohol-related offenses justify discipline. | Two offenses constitute basis for discipline. | Rehabilitation mitigates severity. | Record supports discipline for professional unfitness. |
| Whether rehabilitation evidence mitigates discipline. | Rehabilitation supports less severe discipline. | Cooperation and treatment warrant mitigation. | Mitigation found due to rehabilitation; still public censure warranted. |
| Appropriate public discipline after an extended suspension. | Public censure appropriate. | Deferred or lesser discipline possible. | Public censure appropriate after over one year of suspension. |
| Deterrence and public protection considerations. | Need deterrence for attorney conduct. | Rehabilitation demonstrates fitness to practice. | Discipline balances deterrence with rehabilitation evidence. |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Shahan, 2017 OK 10, 390 P.3d 254 (OK Supreme Court (2017)) (three alcohol-related misdemeanors warranted discipline; interim suspension mentioned)
- State ex rel. Oklahoma Bar Ass'n v. Cooley, 2013 OK 42, 304 P.3d 453 (OK Supreme Court (2013)) (facially shows unfitness; pattern of offenses matters)
- State ex rel. Oklahoma Bar Ass'n v. Bernhardt, 2014 OK 20, 323 P.3d 222 (OK Supreme Court (2014)) (felony DUI and related offenses; disciplinary outcomes discussed)
- State ex rel. Oklahoma Bar Ass'n v. Moon, 2012 OK 77, 295 P.3d 1 (OK Supreme Court (2012)) (conviction alone not unfitness; pattern matters)
- State ex rel. Oklahoma Bar Ass'n v. Albert, 2007 OK 31, 163 P.3d 527 (OK Supreme Court (2007)) (mitigating factor when rehabilitation and recognition occur)