STATE ex rel. OKLAHOMA BAR ASSOCIATION v. HASTINGS
2017 OK 43
| Okla. | 2017Background
- On Dec. 30, 2014 Hastings, intoxicated, pointed a handgun at his ex‑wife inside his home and made a death threat; family members left unharmed and police executed a multi‑hour SOT standoff using tear gas. Hastings was arrested and initially charged with felonies including pointing a firearm and resisting an officer.
- Hastings entered a no‑contest plea to misdemeanor pointing a firearm pursuant to a two‑year deferred sentence (drug/alcohol assessment); the deferred plea was later withdrawn and the charge expunged after compliance in April 2017.
- The OBA initiated summary disciplinary proceedings based on the misdemeanor plea; the PRT recommended suspension for two years and one day. The Court conducted a de novo review.
- Hastings had a long history of prior sobriety, then relapsed amid years of alleged domestic abuse by his ex‑wife; a protective order had previously been issued in his favor and a later five‑year order was entered for his protection.
- Since the incident Hastings ceased practicing law, engaged in sustained substance‑abuse treatment and AA, tested clean on random screens, and experts found his addictions in remission and fit to practice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hastings’ criminal conduct renders him unfit to practice law | OBA: Misdemeanor pointing a firearm plus intoxicated, resistive standoff show criminal conduct reflecting adversely on fitness under ORPC Rule 8.4 | Hastings: Conduct was a single incident precipitated by domestic abuse and intoxication; has since remediated through treatment | Court: Yes—conviction and substance abuse demonstrate unfitness under Rule 8.4; discipline warranted |
| Appropriate length of suspension | OBA & PRT: 2 years + 1 day, consistent with recent domestic‑violence suspensions | Hastings: Mitigating factors (victim of prolonged abuse, rehabilitation, single isolated act) support a shorter suspension | Court: Suspended Hastings for two years from April 27, 2015 (declining PRT/OBA 2‑year+1‑day recommendation) |
| Weight of mitigation (abuse history, recovery, fitness) | OBA acknowledged mitigation but emphasized severity and public protection | Hastings: Past protective order in his favor, full remission, treatment, remorse, no further misconduct | Court: Mitigation significant—recovery, treatment, protective orders, no further incidents—justified reducing suspension by one day |
| Conditions and costs for reinstatement | OBA/PRT recommended reinstatement procedures and full compliance | Hastings sought orderly reinstatement after suspension; compliance with CLE and costs requested | Court: Assessed costs $4,250.96 payable within 6 months; ordered completion of CLE and affidavit of compliance prior to reinstatement |
Key Cases Cited
- State ex rel. Okla. Bar Ass'n v. Passmore, 264 P.3d 1238 (Okla. 2011) (Supreme Court’s de novo review and supervisory role in disciplinary matters)
- State ex rel. Okla. Bar Ass'n v. Conrady, 275 P.3d 133 (Okla. 2012) (two‑year+1‑day suspension for highly dangerous firearm conduct and repeated misconduct)
- State ex rel. Okla. Bar Ass'n v. Givens, 343 P.3d 214 (Okla. 2014) (two‑year+1‑day suspension where repeat domestic violence and probation violations reflected poor fitness)
- State ex rel. Okla. Bar Ass'n v. Zanotti, 330 P.3d 11 (Okla. 2014) (two‑year suspension where misconduct, though violent, and mitigation supported shorter suspension)
- State ex rel. Okla. Bar Ass'n v. McBride, 175 P.3d 379 (Okla. 2007) (criminal acts not directly related to law practice can still violate Rule 8.4 and warrant discipline)