Summary
The Supreme Court of Oklahoma immediately suspended Everett R. Bennett Jr. from the practice of law after receiving certified records showing his guilty pleas to several misdemeanor offenses. The court ordered Bennett to show cause regarding both the interim suspension and the imposition of final discipline.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court was required to immediately suspend Bennett from the practice of law upon receiving certified copies of his guilty pleas and criminal judgment and sentence under Rule 7.3 of the Rules Governing Disciplinary Proceedings.
- Whether Bennett should be required to show cause why the interim suspension should be set aside and why final discipline should not be imposed.
Holdings
- Upon receipt of certified copies of the specified criminal pleadings and judgment-and-sentence materials, the Supreme Court must immediately suspend the lawyer from the practice of law until further order of the Court.
- A certified copy of a guilty plea, deferred judgment order, or information and judgment and sentence constitutes the charge and is conclusive evidence of the commission of the crime for purposes of attorney discipline under the Rules Governing Disciplinary Proceedings.
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.” (¶ 2)
“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.” (¶ 3)
Factual background
Everett R. Bennett Jr. pleaded guilty to five misdemeanors arising from conduct on February 11, 2015: driving under the influence, operating a vehicle with an expired or improper tag, driving while suspended, transporting an open container, and failing to carry insurance verification. The Oklahoma Bar Association submitted certified copies of the criminal information, pleas, judgment and sentence, and related sentencing materials to the Supreme Court. Bennett received a one-year suspended sentence with district-attorney supervision for the DUI and fines for the other offenses.
Procedural history
The Oklahoma Bar Association submitted certified copies of the criminal information, guilty pleas, and sentencing materials to the Supreme Court under Rules 7.1 and 7.2 of the Rules Governing Disciplinary Proceedings. Based on those materials, the Court immediately suspended Bennett from practicing law, ordered him to show cause why the interim suspension should be set aside, and provided deadlines for responses and any request for a hearing or submission of mitigation evidence.