Summary
The Supreme Court of Oklahoma imposed a six-month suspension on Colin Richard Barrett based on his Alabama misdemeanor conviction for driving under the influence, failure to pay Oklahoma Bar Association membership dues, and failure to participate in the disciplinary proceedings. The court held that Barrett received sufficient notice and opportunity to be heard and that his conviction constituted clear and convincing evidence of the underlying criminal act. The suspension was made effective through March 10, 2019, and no costs were assessed.
Topics
Practice areas
Questions Presented
- Whether the Court had sufficient notice and due-process grounds to impose discipline despite Respondent's failure to appear or respond.
- Whether Respondent's Alabama guilty conviction constituted clear and convincing evidence of the underlying criminal act and supplied a basis for Rule 7 discipline.
- What final discipline was appropriate in light of Respondent's conviction, failure to pay dues, and failure to participate in the disciplinary proceedings.
Holdings
- Notice mailed to a lawyer's official Oklahoma Bar roster address satisfies due process for attorney-discipline proceedings, and the record showed that Respondent received sufficient notice and opportunity to be heard.
- A final criminal conviction furnished clear and convincing evidence that Respondent committed the charged criminal act and supported discipline under Rule 7.
- Respondent's conviction, continued failure to pay Bar dues, and complete failure to participate in the disciplinary proceedings warranted a six-month suspension from the practice of law in Oklahoma.
Key quotations
“The integrity of the judicial system demands that lawyers, who are officers of the court, respect its authority.” (¶ 4)
“Lawyers who fail to discharge these minimal burdens to protect their own interests cannot be expected or trusted to act to protect the interests of clients, the public and the legal profession.” (¶ 4)
Factual background
Colin Richard Barrett pleaded guilty in Alabama to misdemeanor driving under the influence and received a suspended 180-day sentence and 24 months of probation. He had also failed to pay Oklahoma Bar membership dues, resulting in suspension and removal from the Bar's membership rolls. Barrett did not respond to the disciplinary notice or show-cause order, did not appear, and offered no explanation or mitigation.
Procedural history
The Respondent pleaded guilty to misdemeanor DUI in Alabama in 2016 and was placed on probation. The Oklahoma Bar Association filed Rule 7 disciplinary proceedings in May 2018. The Supreme Court issued a reverse show-cause order, but the Respondent did not appear, respond, request a hearing, or submit mitigation. The Court entered a final order suspending him from practice for six months.