STATE ex rel. OKLAHOMA BAR ASSOCIATION v. ELSEY

Summary

The Oklahoma Supreme Court immediately suspended Jackie Dale Elsey from the practice of law after receiving certified records showing his nolo contendere pleas to felony driving under the influence and misdemeanor driving with a cancelled, suspended, or revoked license. The order established deadlines for Elsey to show cause regarding the interim suspension and potential final discipline.

Holdings

1. Upon receipt of certified copies of an order deferring judgment and sentence and the related criminal information and pleas, the Oklahoma Supreme Court must immediately suspend the lawyer from the practice of law until further order of the court under Rule 7.3 of the Rules Governing Disciplinary Proceedings.
2. A certified copy of a plea of guilty or nolo contendere, an order deferring judgment and sentence, or the specified information and judgment and sentence constitutes the disciplinary charge and is conclusive evidence of the commission of the underlying crime for purposes of discipline under the Rules Governing Disciplinary Proceedings.

Questions Presented

1. Whether the certified criminal records and deferred judgment and sentence required the Oklahoma Supreme Court to immediately suspend Elsey from the practice of law under Rule 7.3 of the Rules Governing Disciplinary Proceedings.
2. Whether Elsey should be given an opportunity to show cause against setting aside the interim suspension and against imposition of final discipline.

Disposition

other