Summary
The Oklahoma Supreme Court immediately suspended Jeremy Daniel Oliver from the practice of law after receiving certified copies of criminal charges, his no-contest plea, and the sentence. The order directed Oliver to show cause regarding the interim suspension and any final discipline under the Rules Governing Disciplinary Proceedings.
Topics
Practice areas
Questions Presented
- Whether receipt of the certified criminal documents required the Supreme Court of Oklahoma to immediately suspend Oliver from the practice of law under Rule 7.3 of the Rules Governing Disciplinary Proceedings.
- Whether the certified plea, information, and judgment and sentence constituted conclusive evidence of the commission of the underlying crimes and a sufficient basis for attorney discipline under Rule 7.2.
Holdings
- Upon receipt of the certified documents specified in Rule 7.3 of the Rules Governing Disciplinary Proceedings, the Supreme Court must immediately suspend the attorney from the practice of law until further order.
- A certified copy of a guilty plea, deferred-judgment order, or information and judgment and sentence of conviction constitutes the charge and is conclusive evidence of the commission of the crime on which the judgment and sentence is based, sufficient to serve as the basis for discipline under the disciplinary rules.
Key quotations
“Upon receipt of the certified copies of Judgment and Sentence on a plea of guilty, order deferring judgment and sentence, indictment or information and the judgment and sentence, the Supreme Court shall by order immediately suspend the lawyer from the practice of law until further order of the Court.”
“shall constitute the charge and be conclusive evidence of the commission of the crime upon which the judgment and sentence is based and shall suffice as the basis for discipline in accordance with these rules.”
Factual background
The Oklahoma Bar Association submitted certified copies of two criminal informations, Oliver's no-contest plea, and the sentence. The documents reflected convictions or pleas relating to publishing, distributing, or participating in obscene material and possession of a controlled dangerous substance. The certified materials were submitted pursuant to the disciplinary rules governing interim suspension of attorneys following criminal proceedings.
Procedural history
The Oklahoma Bar Association forwarded certified criminal documents showing that Jeremy Daniel Oliver entered a no-contest plea to offenses involving obscene material and possession of a controlled dangerous substance. The Supreme Court entered an immediate interim suspension under Rule 7.3 and directed Oliver to show cause why the suspension should be set aside and why a final disciplinary order should not be imposed.