STATE ex rel. OKLAHOMA BAR ASSOCIATION v. HUNT
394 P.3d 216
| Okla. | 2017Background
- Respondent John Marshall Hunt, an attorney, pled guilty in Cleveland County to a felony for driving under the influence 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 on February 16, 2016; Hunt waived contesting that interim suspension.
- Hunt sought and obtained a continuance of final disciplinary proceedings while completing a drug court rehabilitation program; he later reported successful completion and dismissal of the criminal charges.
- The Court ordered Hunt to show cause why final discipline should not be imposed; Hunt waived a hearing, submitted a brief, and requested a private reprimand and vacation of the interim suspension.
- The Oklahoma Bar Association supported lifting the interim suspension but recommended public censure, citing Hunt’s completion of a rigorous treatment program and lack of evidence of present unfitness to practice.
- The Court concluded the record warranted discipline but, given mitigation and rehabilitation, vacated the interim suspension and imposed a public censure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether guilty pleas to alcohol-related crimes establish basis for discipline | Bar: Guilty pleas/convictions are conclusive evidence for discipline under Rule 7.2 | Hunt: Mitigation/rehabilitation weigh against severe discipline; requested private reprimand | Court: Convictions suffice as basis for discipline; discipline warranted |
| Appropriate level of discipline for repeated alcohol-related offenses | Bar: Interim suspension lifted; public censure appropriate given rehabilitation | Hunt: Seeks private reprimand and immediate return to practice after treatment | Court: Public censure appropriate given facts and one-year interim suspension |
| Effect of rehabilitation/treatment on discipline severity | Bar: Mitigation exists—completed drug court, no present unfitness | Hunt: Rehabilitation justifies lesser sanction | Court: Rehabilitation is mitigating; influences reduced sanction from ongoing suspension to public censure |
| Whether to maintain interim suspension or vacate it | Bar: Recommended lifting interim suspension and imposing public censure | Hunt: Requested vacation of interim suspension | Court: Vacated interim suspension and imposed public censure |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Cooley, 304 P.3d 453 (Okla. 2013) (felony DUI does not automatically show unfitness; courts examine pattern and context)
- State ex rel. Oklahoma Bar Ass'n v. Armstrong, 791 P.2d 815 (Okla. 1990) (discussed standard for when criminal conduct reflects unfitness to practice)
- State ex rel. Oklahoma Bar Ass'n v. Shahan, 390 P.3d 254 (Okla. 2017) (alcohol-related misdemeanors led to interim suspension and public censure with deferred suspension)
- State ex rel. Oklahoma Bar Ass'n v. Bernhardt, 323 P.3d 222 (Okla. 2014) (felony DUI and related offenses resulted in public censure and deferred suspension conditions)
- State ex rel. Oklahoma Bar Ass'n v. McBride, 175 P.3d 379 (Okla. 2007) (repeat alcohol-related offenses warranted public censure with deferred suspension)