Wednesday, June 26, 2013

Discipline For Conviction That May Later Be Vacated

In a proceeding arising from the pawning of a stolen pistol, the Oklahoma Supreme Court explained its procedures for imposing discipline in the wake of a criminal conviction.

The attorney had falsely certified that he owned the weapon. He then falsely identified himself to avoid arrest.

He is now on deferred sentencing with a possibility of having the charges dismissed.

The court had previously suspended the attorney and concluded:

[The attorney] had been licensed to practice law a little over two years when he falsely declared ownership of the pistol at a pawn shop. He submitted no information to this Court to explain his intentional dishonest conduct at the pawn shop or his subsequent intentional misrepresentation of his identity to avoid arrest on a warrant. He offered no evidence or argument to show mitigating circumstances for our consideration. Even so, we find the certified copies of the informations, pleas of guilty, and orders of deferred felony sentencing...are sufficient for this Court to impose final discipline pursuant to Rules 7.1 through 7.4 of the RGDP.

[His] guilty pleas to felonies involving intentional dishonesty for personal gain facially demonstrate his unfitness to practice law. Under these circumstances, an appropriate final discipline is suspension from the practice of law for the duration of the deferred sentencing. If [he] successfully completes the terms of the deferred sentencing and on Feburary 5, 2018, the criminal charges are dismissed with prejudice, [he] may seek reinstatement of his license to practice law...

(Mike Frisch)

Bar Discipline & Process | Permalink

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