EDMONDSON, J.
¶ 1 The Respondent, a lawyer licenced to practice law in Oklahoma, pled guilty to three misdemeanors and the Bar Association sought to have his Bar license immediately suspended with a two-year suspension by commencing a proceeding authorized by Rule 7 of the Rules Governing Disciplinary Proceedings. We previously entered an order of interim suspension. After review of the record made before the trial panel of the Professional Responsibility Tribunal, we conclude that the appropriate discipline is a suspension of one year with an additional deferred professional suspension for one year conditioned upon Respondent's compliance with conditions relating to his conduct and rehabilitation.
¶ 2 A criminal Information was filed against the Respondent, James M. Demopolos, in the District Court for Oklahoma County.
¶ 3 A lawyer who has been convicted or has tendered a plea of guilty or nolo contendere
¶ 4 Upon receipt of the specified documents from a lawyer's criminal case, this Court enters an interim order of suspension that immediately suspends the lawyer from practicing law, and the lawyer is provided with an opportunity to show cause why the order of suspension should be set aside.
¶ 5 This Court has exclusive original jurisdiction over Bar disciplinary matters.
¶ 6 The evidence before the trial panel was that one Saturday evening in May of 2014, Respondent was verbally abusive and consuming alcohol. His condition caused his wife to leave their residence and spend the night with a relative. Upon her return the next morning she made a 911 telephone call seeking help because Respondent was drunk, verbally abusive, and physically abusive having hit her in her arm and head with his closed hand.
¶ 7 The police arrived and observed his intoxicated state. He made threats of physical violence against his wife in the presence of the police, including statements describing what he would do to her when he was no longer in custody. They noticed a bruise on his wife consistent with her complaint. The police sought identifying information from him and he responded with a contemptuous epithet. He admitted to the police that he had hit his wife. These facts served as a basis for three counts in the Information filed against him and his subsequent guilty pleas.
¶ 8 Although this Court's previous order of interim suspension is a determination that Respondent's admitted criminal conduct facially demonstrates his unfitness to practice law, we also examine all of his conduct in light the evidence submitted at the post-mitigation hearing for our determination of the proper professional discipline for Respondent.
¶ 9 In Givens we explained that "Violent acts in the form of domestic abuse demonstrate a lawyer's unfitness to practice law. We most recently found, `[a]s incidents of domestic ... abuse rise and become the focus of ... public attention, it becomes more incumbent on this Court to protect the public by sending a message to other lawyers that this misconduct is considered a serious breach of a lawyer's ethical duty and will not be tolerated.'"
¶ 10 A lawyer's guilty plea or criminal conviction for a violent act of domestic abuse is a violation of the Oklahoma Rules of Professional Conduct, 5 O.S. Ch. 1, App. 3-A, Rule 8.4(b).
¶ 11 The evidence at the mitigation hearing was that Respondent had practiced law since 1978 and had no previous complaints for professional discipline. Respondent had previously worked as an oil and gas title lawyer, and no allegations have been made that his conduct has injuriously affected a client. Respondent is currently employed as a landman, and he works on title examinations authored by his employer who is a lawyer. An affidavit was submitted to show that Respondent has been compliant with the Lawyers Helping Lawyers program. A lawyer testified concerning Lawyers Helping Lawyers and Respondent's participation in the program.
¶ 12 A lawyer testified that he became Respondent's sponsor in Alcoholics Anonymous (AA). He explained that Respondent had made progress in that program. The evidence shows that Respondent's continuous participation in AA had been for less than a year at the time the mitigation hearing occurred. Another lawyer testified that he had shared an office with, and rented an office to, Respondent for several years. He stated that he had never seen him consume alcohol while working, or show any indication that alcohol had affected his practice of law.
¶ 13 The evidence at the mitigation hearing also included Respondent's previous chronic use of marijuana as well as his use of sedatives. Respondent successfully completed a thirty-day in-patient treatment program for substance abuse after his arrest. However, he had two relapses of consuming alcohol shortly after returning home after treatment, and these two events occurred approximately five months prior to the mitigation hearing. The evidence showed that immediately after the relapses he continued with attending his AA meetings and informed his AA sponsor of the events. The record shows that Respondent has not failed any of his post-conviction drug tests, and testimony shows that he has not used marijuana or sedatives after his in-patient treatment.
¶ 14 Testimony at the hearing included an incident that occurred eleven years earlier when Respondent had been drinking alcohol and was arrested after having a physical altercation with a male relative. No criminal charges were filed relating to this arrest.
¶ 15 Testimony at the hearing from both Respondent and his wife showed that Respondent had previously pushed, shoved, and slapped his wife when he was drinking alcohol. His wife's testimony shows that she is supportive of her husband, does not want him to lose his Bar license, and that she felt compelled to call the police because she needed help from someone to control Respondent or defuse the situation. She expressed her hope that the two of them could live in an alcohol-free environment. She testified that
¶ 16 She stated that their future life as a married couple had to be based upon the absence of alcohol consumption in the home. She testified that she participated in Respondent's in-patient counseling sessions, attended AA meetings, and that she and Respondent were working on the issues as both a couple and as individuals. She testified that Respondent's mother, sister, two aunts, and an uncle had died during the previous five years and she thought that his increased alcohol consumption during this period was tied to what she perceived to be his depression concerning these events. She testified that during the last two years Respondent became angry when he was intoxicated. She testified that Respondent's consumption of alcohol occurred only at home.
¶ 17 In Zannotti, the lawyer pled nolo contendere to the misdemeanor crimes of domestic assault and battery and malicious injury to property. He received a two year deferred sentence by the District Court, and this Court imposed a two-year suspension from the practice of law. When determining discipline, this Court took into consideration the fact the trial court thought it was necessary to keep Zannotti in the criminal justice system for a full two years for the safety of the public.
¶ 18 In Soderstrom, after a lawyer's plea of guilty for unlawful possession of a controlled substance, we suspended the lawyer for two years and a day.
¶ 19 In Ijams, the lawyer was sentenced on four misdemeanor counts, eluding a police officer, DUI-alcohol, operating a vehicle with defective equipment and obstructing a police officer.
¶ 20 Respondent's testimony included a statement of contrition and his humiliation and embarrassment that has arisen from his conduct. For the purpose of mitigating discipline we also determine whether a lawyer recognizes the adverse effect of his or her substance abuse and cooperates in the treatment for remedying the abuse.
¶ 21 Respondent has shown his willingness to cooperate with treatment by his continued participation in Lawyers Helping Lawyers, AA, and the Batterers Intervention Program, as well as his completed in-patient treatment program. Respondent's brief expresses a willingness to have random drug testing and
¶ 22 We note Respondent's emphasis in the record on his attendance at a Batterers Intervention Program, and the fact that he started the program before the trial court made it a condition of his deferred criminal sentence. We encourage his efforts in obtaining treatment. But while we have considered compliance with court-ordered conditions for the purpose of mitigating professional discipline, this Court expects a lawyer's compliance with a court order as a professional attribute and such compliance is not a quid pro quo for mitigation. A respondent's compliance with court orders, such as attendance and voluntary commencement in a treatment program, is merely one factor when we examine the record for evidence of an actual change in attitude and conduct that the lawyer's treatment is designed to foster.
¶ 23 We note and appreciate the testimony of Respondent's wife and her candid assessments of their marital relationship and the current conduct of Respondent. We also note the testimony of Respondent's AA sponsor and his positive view of Respondent's progress in AA. While we note that the evidence shows a link between Respondent's use of alcohol and his improper behavior, because of the recentness of his sobriety we are concerned with Respondent's resolve to permanently change his conduct. We have considered Respondent's absence of prior professional discipline.
¶ 24 The Bar Association requests that the Court suspend Respondent from the practice of law for two years commencing on the date of his interim suspension. At the mitigation hearing, Respondent argued that no final suspension be imposed and that the order of interim suspension be lifted. Respondent's post-hearing brief argues that the trial panel's recommendation be approved.
¶ 25 Respondent's trial panel recommended that he receive a six-month suspension from the practice of law, combined with a deferred suspension of two years and one day, subject to his compliance with seven terms of probation. Six of the terms are:
The seventh condition is that Respondent shall be subject to random drug testing through an entity specified by the trial panel's recommendation, or by a similar service as directed by Lawyers Helping Lawyers, and the testing shall be at Respondent's expense, or through application for expense assistance through the Lawyers Helping Lawyers Foundation.
¶ 26 Recommendations of a PRT trial panel are advisory and not binding on this Court.
¶ 27 In Zannotti, the respondent physically attacked a person with whom he had a previous dating relationship when the two of them met because respondent was "wanting to get back together."
¶ 28 In Givens, the intoxicated respondent physically attacked his fourteen-year-old son, and two years later struck him again after he had received a deferred criminal sentence of eighteen months and court-ordered participation in a Batterers Intervention Program.
¶ 29 In the present case, Respondent and his adult victim, his wife, have reconciled. They live together and she is helping him with his efforts to maintain sobriety. She attends meetings on alcoholism and wants their home to be without alcohol consumption.
¶ 30 However, Respondent did not limit his lack of self-control to his relationship with his wife. When the police asked him for identifying information he declined to provide the information and responded with cursing and a derogatory epithet. His intoxicated tirade to the police included specific threats of harm against his wife. His opprobrious conduct reflects on him and the Bar. We conclude that Respondent should be immediately suspended from the practice of law for one year and that he should have an additional one-year deferred suspension with the seven conditions recommended by the trial panel and as specified herein.
¶ 31 This Court has imposed a final suspension of a lawyer's license with that suspension commencing from the date of a previous interim suspension of that lawyer.
¶ 32 We treat the immediate one-year suspension of Respondent's Bar license as providing him the rule-specified opportunity to seek professional reinstatement on or after February 3, 2016.
¶ 33 A lawyer's criminal conviction furnishes clear and convincing evidence that
¶ 34 A lawyer accused of professional misconduct must also be afforded due process of law prior to suspension or revocation of the lawyer's licence to practice law.
¶ 35 We have previously required that the General Counsel of the Bar Association notify this Court when a lawyer's professional license probation has been violated, and this Court then implements the deferred suspension.
¶ 36 We have previously stated that a deferred suspension would commence on the date the conditions of deferral or probation were violated by the lawyer.
¶ 37 A lawyer must be given an opportunity to object to implementation of a deferred professional suspension. A State may impose an interim suspension pending an opportunity for a prompt hearing that would definitely determine a fact that is used for deprivation of a state-created property right such as a professional bar licences where, for example, a State has an important interest in insuring the integrity of the practice of law carried on pursuant to that professional license.
¶ 38 Upon General Counsel filing a notification seeking to implement Respondent's deferred suspension, this Court will issue an interim order immediately implementing the deferred suspension effective the date of the alleged violation stated in General Counsel's notification, and providing Respondent an opportunity to show cause why the Court should not make the deferred suspension final.
¶ 39 Respondent is cautioned that should the General Counsel properly notify this Court of Respondent's failure to comply with one or more of the deferred-suspension conditions at any time prior to February 3, 2017, he is subject to this Court entering an interim order immediately imposing the one-year suspension. Respondent is cautioned that any future unprofessional conduct by him during his period of suspension and deferred suspension is subject to this Court imposing additional professional discipline when notice of his conduct is properly brought to our attention by the OBA.
¶ 40 In a proceeding pursuant to Rule 7 RGDP, we have imposed the costs of the proceeding on the lawyer receiving professional discipline.
¶ 41 Respondent had notice that the costs of a Rule 7 proceeding could be imposed against him. No good cause for remission has been shown. The application of the Bar Association for assessing costs against the respondent in the amount of One-Thousand Two-Hundred and Fifty-One dollars and Eighty cents ($1,251.80) is granted. The costs shall be paid by Respondent within ninety (90) of the date this opinion becomes final.
¶ 42 Respondent is suspended from the practice of law for one year commencing on February 2, 2015, with an additional one-year suspension that is deferred upon Respondent's compliance with the conditions of the deferral until February 3, 2017.
¶ 43 In the event that Respondent violates a condition of his deferred suspension, the General Counsel of the Bar Association shall notify this Court and request an immediate
¶ 44 Respondent is ordered to pays the costs of this proceeding in the amount of $1,251.80 within ninety days from the date this opinion is final.
¶ 45 REIF, C.J., KAUGER, WATT, WINCHESTER, EDMONDSON, COLBERT, GURICH, JJ., concur.
¶ 46 COMBS, V.C.J., TAYLOR, J., dissent.
¶ 47 TAYLOR, J., dissenting.
I would suspend the Respondent for two years. He should not be allowed to practice law while on criminal probation.
21 O.S. 2011 § 644 was amended by Laws 2014, c. 71 § 1, eff. Nov. 1, 2014, and the language of paragraph (C) does not appear to have been altered by the amendment. 2014 Okla. Sess. Laws, c. 71, § 1, pg. 233.
Rule 8.4, O.R.P.C. provides in part: "It is professional misconduct for a lawyer to: ... (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; ...."
Comment 2 to Rule 8.4 provides in part: "Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to law practice. Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation."
Similarly, we have approved resignations from the Bar Association with pending professional discipline proceedings and given such with an effective earlier date when a showing was made that the lawyer was no longer able to practice law as of that date. State ex rel. Oklahoma Bar Ass'n v. Perkins, 1988 OK 65, 757 P.2d 825 (rule stated).
A lawyer who has been suspended for two (2) years or less upon disciplinary charges may resume practice upon the expiration of the period of suspension by filing with the Clerk of the Supreme Court an original and two (2) copies of an affidavit affirming that affiant has not engaged in the unauthorized practice of law or otherwise violated the rules of the Association or the terms of the affiant's order of suspension. The affidavit shall also describe all business or professional activities of the affiant and places of residence during the term of the suspension. No order of Court is necessary; however, material deletions or misrepresentations in the affidavit shall be grounds for subsequent discipline.
A copy of the affidavit shall be served on the General Counsel by the lawyer at the time of its filing, who may within sixty days file a separate disciplinary complaint with the Professional Responsibility Commission stating the lawyer during the suspension engaged in the unauthorized practice of law or other actions which would render the lawyer subject to discipline.
See, e.g., State ex rel. Oklahoma Bar Ass'n v. Running, 2011 OK 75, ¶ 15, 262 P.3d 736, 740 ("Respondent has shown a repeated disregard of this Court's rules governing lawyers. He has been suspended three times for failure to pay bar dues. In the present case, he continued to practice law after suspension without notifying his clients or withdrawing from pending litigation, all in violation of Rules 1.3 and 9.1 RGDP, and Rule 5.5(a) RPC.").
5 O.S.2011 Ch. 1, App. 1-A, Rule 6.16: "The costs of investigation, the record, and disciplinary proceedings shall be advanced by the Oklahoma Bar Association (or the Professional Responsibility Commission, if provision therefor has been made in its budget). Where discipline results, the cost of the investigation, the record, and disciplinary proceedings shall be surcharged against the disciplined lawyer unless remitted in whole or in part by the Supreme Court for good cause shown. Failure of the disciplined lawyer to pay such costs within ninety (90) days after the Supreme Court's order becomes effective shall result in automatic suspension from the practice of law until further order of the Court."