State of Oklahoma ex rel. Oklahoma Bar Association v. Terry Paul Malloy

Summary

The Oklahoma Supreme Court considered whether an attorney could avoid discipline for practicing law while subject to a facially valid suspension order allegedly issued without adequate notice. The court imposed a nine-month suspension and assessed $1,019.66 in costs, emphasizing the attorney's duty to obey court orders and his prior disciplinary history.

Holdings

1. An attorney may not disregard a facially valid suspension order based on the attorney's unilateral belief that the order is invalid; the attorney must timely bring the claimed defect to the issuing court's attention through appropriate legal procedures.
2. Malloy engaged in professional misconduct by practicing law while suspended and by disregarding the Court's suspension order.
3. The Bar was not required to charge Rule 3.4(c) separately because the complaint provided sufficient factual notice of the alleged misconduct and afforded Malloy an opportunity to respond.
4. A nine-month suspension from the practice of law and assessment of $1,019.66 in proceeding costs were warranted.

Questions Presented

1. Whether Malloy could obtain dismissal of the disciplinary proceeding by asserting that the prior suspension order was issued without adequate notice and therefore violated due process.
2. Whether Malloy's continued practice of law after receiving the facially valid suspension order constituted professional misconduct warranting discipline.
3. Whether Malloy's prior disciplinary history justified enhancement of the discipline imposed.

Disposition

other