State ex rel. Oklahoma Bar Ass'n v. Moon, 2012 OK 77

Summary

The Oklahoma Supreme Court publicly disciplined Lewis B. Moon for alcohol-related criminal conduct and conduct bringing disrepute on the legal profession. The Court imposed public censure or reprimand, a deferred suspension of two years and one day subject to sobriety and monitoring conditions, and costs of $1,459.55. A subsequent order referred alleged breaches of the deferred-suspension conditions to the Professional Responsibility Tribunal together with an interim-suspension proceeding.

Holdings

1. Clear and convincing evidence established that Moon violated Rule 8.4(b), Rule 1.3, and related professional-discipline standards through criminal acts reflecting adversely on his honesty, trustworthiness, and fitness and through acts bringing disrepute upon the legal profession.
2. Clear and convincing evidence established that Moon violated Rule 8.4(e) by stating or implying an ability to influence improperly one or more government officials to obtain favorable treatment.
3. Public censure, a deferred suspension of two years and one day subject to specified sobriety, treatment, monitoring, and confidentiality-waiver conditions, and assessment of $1,459.55 in costs were appropriate.

Questions Presented

1. Whether clear and convincing evidence established that Moon violated Oklahoma professional-conduct and disciplinary rules through alcohol-related criminal conduct and conduct bringing disrepute upon the legal profession.
2. Whether clear and convincing evidence established that Moon stated or implied an ability to influence improperly a government official in violation of Rule 8.4(e).
3. What discipline was appropriate in light of Moon's misconduct and mitigating circumstances.

Disposition

other