Tuesday, November 21, 2023

Interim Suspensions

The Oklahoma Supreme Court has ordered an interim suspension of two attorneys in unrelated matters.

One involves domestic assault

The Oklahoma Bar Association (OBA), in compliance with Rules 7.1 and 7.2 of the Rules Governing Disciplinary Proceedings (RGDP), has forwarded to this Court certified copies of the Probable Cause Affidavit, Information, Plea of Guilty/Summary of Facts, and Judgment and Sentence, in the criminal matter of State of Oklahoma v. Joseph Dewayne Kalka, Case No. CF-2022-265, in the District Court of Lincoln County. On October 24, 2023, Respondent Joseph Dewayne Kalka entered a plea of guilty to Count 1: Domestic Assault and Battery by Strangulation, a felony, in violation of 21 O.S., ยง 644(J), and Count 2: Domestic Abuse - Assault and Battery, a misdemeanor, in violation of 21 O.S., 644(C). The Court sentenced Respondent to a 3-year term of imprisonment for Count 1 and a 1-year term of imprisonment for Count 2, with execution of the sentence suspended, and fines in the amount of $200.

Next steps

Having received certified copies of these papers and orders, this Court orders that Joseph Dewayne Kalka is immediately suspended from the practice of law. Joseph Dewayne Kalka is directed to show cause, if any, no later than December 5, 2023, why this order of immediate interim suspension from the practice of law should be set aside. See Rule 7.3, RGDP. The OBA has until December 19, 2023, to respond.

Pursuant to Rule 7.4 of the RGDP, Joseph Dewayne Kalka has until January 3, 2024, to show cause in writing why a final order of discipline should not be made. The written return shall be verified and expressly state whether a hearing is desired. The lawyer may, in the interest of explaining the conduct or by way of mitigating the discipline to be imposed, file a brief and/or any evidence tending to mitigate the severity of discipline. The OBA has until January 17, 2024, to respond.

The other involves contempt

 The Oklahoma Bar Association (OBA), pursuant to Rules 7.1 and 7.2 of the Rules Governing Disciplinary Proceedings (RGDP), forwarded to this Court certified copies of a Corrected Verified Emergency Application for Citation for Indirect Contempt of Court, Jury Instructions, and Judgment and Order of Confinement for Civil Indirect Contempt in the matter of Myers v. Myers, CJ-2015-120 and Kemp v. Peterson, CJ-2019-6289, in Oklahoma County District Court. On October 26, 2023, a jury found Respondent Guy Wade Jackson guilty of indirect contempt. The court sentenced Respondent to six (6) months confinement in the Oklahoma County Detention Center and a $500 fine. Respondent is currently incarcerated.

Next steps

 It is this Court's determination that this matter, which was filed pursuant to Rule 7.2, RGDP, should proceed as a disciplinary matter pursuant to Rule 6, RGDP. Complainant is directed to file a formal Complaint in compliance with Rules 6.1 and 6.2 within 30 days from the date of this Order. Respondent will have 20 days after the mailing of the Complaint to file any Answer. The matter shall be set for hearing before the Professional Responsibility Tribunal pursuant to Rules 6.6 and 6.7. A briefing schedule will be entered by this Court following the filing of the Report and Recommendation of the Professional Responsibility Tribunal.

This order of immediate interim suspension shall stay in effect until further order of the Court.

(Mike Frisch)


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