STATE ex rel. OKLAHOMA BAR ASSOCIATION v. HUNT
2017 OK 28
| Okla. | 2017Background
- John Marshall Hunt, an Oklahoma lawyer, pled guilty to felony driving while intoxicated after previously pleading in another matter to a misdemeanor DUI-related offense.
- The Oklahoma Supreme Court entered an interim suspension of Hunt’s law license in February 2016; Hunt waived contest to that interim suspension.
- Hunt sought and received a continuance of final disciplinary proceedings while he completed drug court and the criminal case; he later notified the Court he completed the program and the criminal charges were dismissed.
- The Court ordered Hunt to show cause why final discipline should not be imposed; Hunt waived a hearing, filed a brief, and asked for a private reprimand and vacation of the interim suspension.
- The Oklahoma Bar Association recommended lifting the interim suspension and imposing a public censure, noting Hunt’s completion of treatment and no current evidence of unfitness.
- The Court reviewed precedent on alcohol-related offenses and rehabilitation and determined the record supported public censure; it vacated the interim suspension and publicly censured Hunt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether felony DUI conviction demonstrates unfitness to practice warranting discipline | Bar: Convictions (misdemeanor + felony) are conclusive evidence supporting discipline under Rule 7; public protection requires discipline | Hunt: Rehabilitation, completion of drug court, and dismissal of charges show mitigation and present fitness | Held: Convictions justify discipline; given mitigation a public censure is appropriate rather than longer suspension |
| Whether interim suspension should remain in effect or be vacated and replaced with final discipline | Bar: Lift interim suspension and impose public censure based on mitigation and rehabilitation evidence | Hunt: Sought vacation of interim suspension and private reprimand | Held: Interim suspension vacated; respondent publicly censured |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Cooley, 304 P.3d 453 (2013 OK 42) (felony DUI does not automatically show unfitness; repeated offenses may)
- State ex rel. Oklahoma Bar Ass'n v. Armstrong, 791 P.2d 815 (1990 OK 9) (framework for assessing convictions as basis for discipline)
- State ex rel. Oklahoma Bar Ass'n v. Shahan, 390 P.3d 254 (2017 OK 10) (public censure and deferred suspension imposed for multiple alcohol-related offenses)
- State ex rel. Oklahoma Bar Ass'n v. Bernhardt, 323 P.3d 222 (2014 OK 20) (interim suspension lifted; public censure with deferred suspension in alcohol-related felony cases)
- State ex rel. Oklahoma Bar Ass'n v. McBride, 175 P.3d 379 (2007 OK 91) (public censure for DUI with prior alcohol-related history)