State ex rel. Oklahoma Bar Ass'n v. Corrales
2012 OK 64
| Okla. | 2012Background
- Bar filed a Rule 6 RGDP disciplinary complaint against Corrales alleging violations of Rule 8.4(b) ORPC and Rule 1.3 RGDP.
- Counts I–III charged Corrales with misdemeanor assaults; Count I arose from Sept. 22, 2010 incident with Kimberly Leonard leading to an Alford plea and deferred sentence.
- Counts II–III arose from Nov. 16, 2010 incidents involving Courtney Dean and Christee Whittig; Corrales pled molo contendere to two cases with three consecutive one-year deferred sentences.
- Trial Panel held Dec. 18, 2011; stipulations and testimony, including Dr. Masooda Burki’s deposition, were admitted; Corrales complied with investigation and demonstrated remorse.
- Trial Panel recommended public censure with the same probationary terms as the Comanche County district court; on de novo review the Court imposed public reprimand with probation until the deferred sentences are served and ordered costs of $1,363.23.
- Corrales was a longtime practitioner with no prior discipline; he cooperated with the Bar and completed treatment; the Court deemed probation appropriate to reflect mitigating factors and public policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Corrales’ conduct violated ethical rules | Bar established violation of Rule 8.4(b) ORPC and Rule 1.3 RGDP | Corrales acknowledged the Rule 8.4(b) and RGDP violations | Yes, violations established |
| Appropriate discipline after de novo review | Trial Panel’s public censure with probation aligns with precedents | Corrales agrees with Trial Panel; discipline should align with mitigating factors | Public reprimand with probation until deferred sentences served |
| Role of mitigating factors in discipline | Corrales’ long practice, remorse, and compliance support leniency | Mitigating factors justify probationary approach | Mitigating factors weighed; probation imposed |
Key Cases Cited
- State ex rel. Okla. Bar Ass'n v. Murdock, 2010 OK 32 (Okla. 2010) (mitigating factors and treatment considered in discipline; probation)
- State ex rel. Okla. Bar Ass'n v. Wilburn, 2006 OK 50, 142 P.3d 420 (Okla. 2006) (public reprimand despite mitigating factors; public protection emphasized)
- State ex rel. Okla. Bar Ass'n v. Garrett, 2005 OK 91, 127 P.3d 600 (Okla. 2005) (public censure with probation for misdemeanor battery; alcohol treatment referenced)
- State ex rel. Okla. Bar Ass'n v. Hayes, 2011 OK 71, 257 P.3d 1000 (Okla. 2011) (suspension considered; extreme lack of judgment evaluated; public policy)