State of Oklahoma ex rel. Oklahoma Bar Association v. Tracy Smith, a.k.a. Tracy Smith Zahl

Summary

The Oklahoma Supreme Court publicly reprimanded Tracy Smith and imposed a one-year deferred suspension subject to probationary conditions for attempting to obtain a controlled substance through a forged prescription and for related substance-use conduct. The Court found violations of Oklahoma Rules of Professional Conduct 8.4(a), (b), and (c), and Rule 1.3 of the Rules Governing Disciplinary Proceedings, while giving substantial weight to Smith's self-reporting, cooperation, treatment, and commitment to rehabilitation.

Holdings

1. The proceeding was properly commenced under Rule 6 because there was no evidence that respondent was mentally or physically incapacitated or unable to practice law, which would have supported proceeding under Rule 10.
2. Clear and convincing evidence established that respondent violated Rule 8.4(a), (b), and (c) of the Oklahoma Rules of Professional Conduct and Rule 1.3 of the Rules Governing Disciplinary Proceedings.
3. Public censure, coupled with a one-year deferred suspension subject to the agreed probationary conditions, was appropriate discipline.
4. Respondent was ordered to pay $1,121.15 in costs within ninety days after the opinion became final.

Questions Presented

1. Whether respondent's admitted conduct violated Rule 8.4(a), (b), and (c) of the Oklahoma Rules of Professional Conduct and Rule 1.3 of the Rules Governing Disciplinary Proceedings.
2. Whether the disciplinary proceeding was properly brought under Rule 6 rather than Rule 10 of the Rules Governing Disciplinary Proceedings.
3. What professional discipline was appropriate in light of respondent's misconduct, addiction, rehabilitation, self-reporting, cooperation, lack of client harm, and other mitigating circumstances.
4. Whether respondent should be ordered to pay the costs of the disciplinary proceeding.

Disposition

other