State ex rel. Oklahoma Bar Ass'n v. Spradling

Summary

The Supreme Court of Oklahoma considered post-conviction disciplinary proceedings against an attorney who pleaded guilty to willfully failing to file a federal income tax return. The court held that the conviction demonstrated unfitness to practice law and imposed discipline consisting of suspension from the date of the interim suspension through the effective date of the opinion, plus costs.

Holdings

1. A lawyer's conviction for willful failure to file an income tax return demonstrates unfitness to practice law under Rule 7.1 and warrants professional discipline, regardless of whether the offense is classified as a misdemeanor or felony.
2. The period of Spradling's pendente lite suspension, running from February 7, 2008, until the effective date of the opinion, was an adequate disciplinary measure for his misconduct, subject to payment of proceeding costs.
3. The Supreme Court of Oklahoma must give complete de novo consideration to the entire record and independently determine the lawyer's continued fitness to practice law in its original disciplinary jurisdiction.

Questions Presented

1. Whether a lawyer's conviction for willful failure to file a federal income tax return demonstrates unfitness to practice law under Rule 7.1 of the Rules Governing Disciplinary Proceedings.
2. Whether the period of Spradling's pendente lite suspension constituted an adequate disciplinary sanction.
3. What standard of review governs the Supreme Court of Oklahoma's consideration of a post-conviction attorney disciplinary proceeding.

Disposition

other