STATE ex rel. OKLAHOMA BAR ASSOCIATION v. HASTINGS, 395 P.3d 552

On Dec. 30, 2014 Respondent John C. Hastings, intoxicated, pointed a gun at his ex‑wife inside his home and threatened to kill her; his adult children witnessed the incident and all left unharmed before police arrived.
A multi‑hour standoff with police SOT ended when tear gas forced Hastings out; he was arrested and charged with pointing a firearm (misdemeanor after plea) and resisting an officer (dismissed as part of plea agreement).
Hastings entered a no‑contest plea to misdemeanor pointing a firearm with a deferred sentence; the charge was later dismissed and expunged after compliance with deferred terms.
Record shows long history of domestic abuse by Hastings’ ex‑wife, an existing protective order (in favor of Hastings) at the time, and that Hastings suffered from alcohol/opiate addiction and PTSD; he has since entered treatment and maintained sobriety in remission.
The OBA initiated summary disciplinary proceedings based on the criminal plea; the PRT recommended a two‑year‑and‑one‑day suspension; the Oklahoma Supreme Court reviewed de novo and imposed a two‑year suspension (retroactive to interim suspension), assessed costs, and required CLE completion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the criminal conviction demonstrates unfitness to practice law under Rule 8.4	OBA: Misdemeanor pointing a firearm plus intoxicated standoff shows conduct that reflects adversely on fitness	Hastings: Conduct was isolated, precipitated by prolonged abuse, and he has sought treatment and is now fit	Held: Yes — conviction and conduct show unfitness under Rule 8.4
Appropriate discipline (length of suspension)	OBA & PRT: Suspend 2 years + 1 day based on domestic‑violence‑related precedent	Hastings: Mitigation (victimization, sobriety, remediation, single incident) warrants lesser discipline	Held: Suspension for 2 years (not 2 years + 1 day) based on mitigating factors and rehabilitation evidence
Weight of mitigation (abuse history, treatment, expungement)	OBA noted mitigation but recommended stricter discipline given severity and public danger	Hastings emphasized protective orders against ex‑wife, long recovery, compliance with treatment and courts	Held: Court credited substantial mitigation (history of abuse, sustained recovery, expert opinions) in reducing discipline to two years
Reinstatement conditions and costs	OBA sought strict reinstatement scrutiny and timely payment of costs before reinstatement	Hastings requested normal post‑suspension conditions; he must pay costs and complete CLE before reinstatement	Held: Costs ($4,250.96) due within six months and CLE completion required; affidavit to OBA before reinstatement

State ex rel. Okla. Bar Ass’n v. Givens, 343 P.3d 214 (Okla. 2014) (suspension for domestic‑violence incidents with relapse and deceptive conduct)
State ex rel. Okla. Bar Ass’n v. Conrady, 275 P.3d 133 (Okla. 2012) (two‑year‑and‑one‑day suspension for reckless, potentially deadly firearm conduct)
State ex rel. Okla. Bar Ass’n v. Zannotti, 330 P.3d 11 (Okla. 2014) (two‑year suspension in attorney‑client romance turned violent)
State ex rel. Okla. Bar Ass’n v. Passmore, 264 P.3d 1238 (Okla. 2011) (Supreme Court’s de novo review and disciplinary jurisdiction principles)