STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BENNETT
2017 OK 46
Okla.2017Background
- Everett R. Bennett Jr. pled guilty on February 11, 2015 to multiple misdemeanors arising from the same incident: DUI, expired/improper tag, driving under suspension, transporting an open container, and failure to carry proof of insurance.
- The Oklahoma Bar Association (OBA) forwarded certified copies of the Criminal Information, Plea, and the sentence (one year suspended with District Attorney supervision for the DUI; fines for other offenses) to the Oklahoma Supreme Court under the Rules Governing Disciplinary Proceedings (RGDP).
- RGDP Rule 7.3 directs the Supreme Court to immediately suspend an attorney upon receipt of certified judgment and sentence from a guilty plea; the Court applied this rule and ordered immediate interim suspension of Bennett from the practice of law.
- The Court set a show-cause deadline (June 16, 2017) for Bennett to contest the interim suspension and established a deadline for the OBA to respond (June 27, 2017).
- Under RGDP Rule 7.2, a certified guilty plea constitutes conclusive evidence of the crime for disciplinary purposes; Rule 7.4 gives Bennett until July 13, 2017 to show cause, request a hearing, or submit mitigation materials and gives the OBA until July 31, 2017 to respond.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether certified guilty plea/sentence requires immediate interim suspension under RGDP Rule 7.3 | OBA: Certified plea and judgment trigger mandatory immediate suspension | Bennett: (not presented in order; opportunity to show cause later) | Court ordered immediate interim suspension per Rule 7.3 |
| Whether a certified plea constitutes conclusive evidence for discipline under RGDP Rule 7.2 | OBA: Certified plea suffices as the charge and is conclusive proof of the crime for disciplinary action | Bennett: (may later contest or submit mitigation; no immediate factual dispute permitted to avoid suspension) | Court confirmed that certified plea is conclusive evidence and suffices as basis for discipline |
| Deadlines and process for contesting discipline and seeking mitigation under RGDP Rule 7.4 | OBA: Provide response and proceed with disciplinary process within rules’ deadlines | Bennett: Entitled to show cause, request hearing, or submit mitigation by specified deadline | Court set specific deadlines: Bennett to show cause by 7/13/2017 (and may request hearing/submit mitigation); OBA to respond by 7/31/2017 |
Key Cases Cited
- No reported cases cited in the opinion (the decision rests on the RGDP and the certified criminal plea and sentence).
