The Oklahoma Bar Journal December 2024

submit a brief and/or any evidence tending to mitigate the severity of discipline. The GC may respond by submission of a brief and/or any evidence supporting the recom mendation of discipline. 81 If the judgment of conviction is reversed on appeal, the disci plinary proceedings based on the conviction shall be immediately dismissed. If the conviction is affirmed on appeal or affirmed as modified and the lawyer remains convicted of a crime demonstrat ing unfitness to practice law, the above procedures apply to make final disposition of the matter. 82 The commission is not precluded from initiating and conducting disciplinary proceedings identical to those in a criminal complaint, indictment or information, despite the pendency of the criminal action. Certified or authenticated copies of the record and transcripts of testimony and evidence from the criminal action are admissible in the disciplinary proceeding. 83 DISCIPLINARY PROCEEDINGS IN OTHER JURISDICTIONS The GC is required to transmit certified copies of final adjudica tions in disciplinary proceedings of lawyers who are disciplined in other jurisdictions within five days of receiving the documents. These documents shall constitute the charge and are prima facie evidence that the lawyer commit ted the acts described. The chief justice shall direct the lawyer to show cause, in writing, why a final order of discipline should not be made. The lawyer’s written response must be verified and expressly state whether a hear ing is requested. To explain the conduct and for mitigation, the lawyer may submit a brief and/or

of the Supreme Court and the GC within five days after said con viction. The GC is also required to furnish these documents to the chief justice within five days of the GC’s receipt. These docu ments, regardless of whether from an Oklahoma jurisdiction or any other, shall constitute the charge. The documents are conclusive evidence of the commission of the crime upon which the judgment and sentence are based. They suf fice as the basis for discipline. 79 Upon receipt of the certified copies, the chief justice may order immediate suspension of the law yer from the practice of law until further order. Alternatively, the court may direct the lawyer to file a statement to show cause why an order of immediate interim suspen sion should not be entered. 80 In the order of suspension, the court may direct the lawyer to file a statement to show cause why the order of sus pension should be set aside. Upon good cause shown, and if in the interest of justice to do so, with due regard to maintaining the integrity of and confidence in the profession, the court may set aside its order of suspension. On the same basis and with the same considerations, the court may decline to enter an order of suspension if the lawyer shows good cause. If the lawyer does not, immediate suspension may occur. The GC is required to inform the chief justice if the lawyer’s conviction becomes final without an appeal. The court may order the lawyer on a specified date to show cause in writing why a final order of discipline should not be made. The lawyer shall submit a verified written return and expressly state if a hearing is requested. In the interest of explaining their conduct or in mitigation, the lawyer may

approve the trial panel’s findings of fact or make its own indepen dent findings, impose discipline, dismiss the proceedings or take such other action it chooses. 75 The clerk of the Supreme Court will give notice of the action or deci sion to the respondent, the tribu nal, the GC and the commission. When discipline results, the cost of the investigation, the record and the disciplinary proceedings are to be surcharged against the disci plined lawyer unless the Supreme Court remits them in whole or in part for good cause. 76 The disci plined lawyer must pay the costs within 90 days after the Supreme Court’s order becomes effective. Otherwise, the disciplined lawyer will be automatically suspended from the practice of law until fur ther order of the court. The GC and respondent must file any petitions for rehearing with the clerk of the Supreme Court within 20 days from the date of mailing of the Supreme Court’s decision or action. 77 RULE 7: SUMMARY DISCIPLINARY PROCEEDINGS, CRIMINAL CONVICTION Rule 7 proceedings relate to the discipline of lawyers who have been criminally convicted of crimes that demonstrate unfitness to practice law in any jurisdiction. A convic tion resulting from a plea of guilty or nolo contendere or from a verdict after trial is subject to discipline regardless of a pending appeal. 78 Oklahoma court clerks are required to transmit certified cop ies of the judgment and sentence on an attorney’s plea of guilty, order deferring judgment and sentence, indictment or informa tion and judgment and sentence of conviction to the chief justice

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

44 | DECEMBER 2024

THE OKLAHOMA BAR JOURNAL