STATE ex rel. OKLAHOMA BAR ASSOCIATION v. FAULK, 2021 OK 46

Robert R. Faulk pled guilty to felony Domestic Abuse — Prior Pattern of Physical Abuse and misdemeanor Domestic Abuse — Assault and Battery arising from a May 11–12, 2019 incident; two other felony counts were dismissed as part of the plea. The felony judgment was deferred two years; misdemeanor sentence was suspended with probation and treatment conditions.
The Oklahoma Bar Association filed summary disciplinary proceedings; the Oklahoma Supreme Court entered an interim suspension effective September 28, 2020, and referred mitigation evidence to the Professional Responsibility Tribunal (PRT).
At a PRT hearing Respondent introduced mitigation evidence (substance-abuse and anger-management treatment, regular therapy, community involvement, and character testimony); the PRT recommended 1‑year suspension from the interim suspension date with an additional 1‑year deferred suspension.
The record contained prior police reports alleging multiple earlier domestic‑violence incidents (2008, 2013, 2014); Respondent objected to admission of some police reports as hearsay.
The Supreme Court reviewed de novo, excluded certain police investigative reports as inadmissible under the evidentiary exceptions, found clear and convincing evidence of violations of Rule 8.4(b) and RGDP, and imposed a two‑year suspension effective September 28, 2020; costs of $2,749.85 were assessed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Respondent’s criminal convictions establish professional misconduct/unfitness under Rule 8.4(b) and RGDP	Convictions for domestic violence are conclusive evidence of unfitness and violate Rule 8.4(b) and Rule 1.3	Respondent urged mitigation, treatment, and argued that not all convictions show unfitness	Held: Domestic‑violence convictions demonstrate unfitness; violations of Rule 8.4(b) and RGDP proven by conclusive criminal records
Admissibility of prior police investigative reports (2013 and 2008 reports)	OBA relied on prior incident reports to show pattern	Faulk objected: reports are hearsay and inadmissible	Held: Police investigative reports excluded under Oklahoma Evidence Code (police investigative reports are not within the public‑records exception) and were not considered
Appropriate discipline (length/type)	PRT recommended 1 year suspension + 1 year deferred; OBA sought discipline consistent with protecting public and uniformity with prior domestic‑violence cases	Faulk urged mitigation: sustained treatment, therapy, community work, character evidence to reduce sanction	Held: 2‑year suspension from interim‑suspension date (Sept. 28, 2020); PRT recommendation found insufficient given pattern of alcohol‑related violence; concurrence would have disbarred
Assessment of costs	OBA sought $2,749.85 in costs	Faulk did not object to cost application	Held: Faulk ordered to pay $2,749.85 within 90 days

State ex rel. Okla. Bar Ass'n v. Givens, 343 P.3d 214 (Okla. 2014) (domestic violence by lawyer demonstrates unfitness; two‑year suspension applied)
State ex rel. Okla. Bar Ass'n v. Zannotti, 330 P.3d 11 (Okla. 2014) (serious domestic assault supports multi‑year suspension)
State ex rel. Okla. Bar Ass'n v. Demopolos, 352 P.3d 1210 (Okla. 2015) (domestic abuse plus substance abuse warrants suspension with deferred conditions)
State ex rel. Okla. Bar Ass'n v. Kinsey, 212 P.3d 1186 (Okla. 2009) (discipline goals: protect public and preserve integrity; consider uniformity)
State ex rel. Okla. Bar Ass'n v. Bolusky, 23 P.3d 268 (Okla. 2001) (appellate review standard and evidentiary posture in disciplinary proceedings)