Summary
The Oklahoma Supreme Court addresses final discipline for an attorney who pleaded guilty to felony and misdemeanor alcohol-related driving offenses. The Court vacated the interim suspension and publicly censured the respondent, concluding that his rehabilitation and the period of suspension supported that discipline.
Topics
Practice areas
Questions Presented
- Whether Hunt's repeated alcohol-related driving offenses constituted conduct warranting professional discipline under Rule 7.1.
- What final discipline was appropriate in light of Hunt's repeated offenses, interim suspension, rehabilitation, cooperation, and mitigation.
Holdings
- Repeated alcohol-related driving offenses, including misdemeanor and felony offenses, constituted crimes serving as a basis for professional discipline and demonstrated conduct warranting discipline under Rule 7.
- Public censure was the appropriate final discipline, and the previously ordered interim suspension was vacated.
Key quotations
“The goal in professional disciplinary proceedings is not punishment, but to safeguard the interest of the public, of the courts, and of the legal profession.” (¶7)
“We hold the record is sufficient to show public censure is the appropriate discipline. The Order of Interim Suspension herein is hereby vacated effective on the date of this opinion. Respondent is publicly censured.” (¶10)
Factual background
John Marshall Hunt, a lawyer, pleaded guilty to felony driving under the influence of alcohol after previously pleading to misdemeanor driving under the influence. The Supreme Court imposed an interim suspension, which remained in effect for more than thirteen months while Hunt completed drug court rehabilitation and the criminal charges were dismissed. Hunt accepted responsibility, undertook an alcohol-related treatment program, and the Bar found no evidence of present unfitness to practice law.
Procedural history
Hunt pleaded guilty in the District Court of Cleveland County to felony driving under the influence after an earlier misdemeanor alcohol-related driving offense. The Oklahoma Supreme Court entered an interim suspension on February 16, 2016, continued the disciplinary proceeding while Hunt completed drug court rehabilitation and the criminal case was resolved, and then ordered him to show cause regarding final discipline. Hunt waived a hearing and requested a private reprimand; the Oklahoma Bar Association recommended public censure.