STATE ex rel. OKLAHOMA BAR ASSOCIATION v. ARNETT

Arnett, 2019 OK 63 (Okla. 2019) · Supreme Court of Oklahoma · October 7, 2019 · No. SCBD-6676

Summary

The Supreme Court of Oklahoma ordered that Emma Barlie Arnett remain suspended from the Oklahoma Bar Association for two years and one day or until her incarceration ends, whichever is longer. The court also conditioned resumption of practice on payment of $4,077.65 in assessed costs; several justices dissented and would have disbarred her.

Court
Supreme Court of Oklahoma
Writing for the Court
Per Curiam; Chief Justice Gurich; Justice Kauger; Justice Winchester; Justice Edmondson; Justice Kane; Vice Chief Justice Darby; Justice Colbert; Justice Combs
Jurisdiction
Oklahoma
Decision date
October 7, 2019
Docket number
SCBD-6676
Procedural posture
Attorney-discipline proceeding arising from the respondent's criminal conviction; the Oklahoma Bar Association sought final discipline following an immediate suspension.
Precedential value
Published opinion; precedential Oklahoma Supreme Court disciplinary order.
Disposition
other

Topics

remedies

Practice areas

attorney disciplineprofessional responsibilitylegal ethics

Questions Presented

  1. What final attorney discipline should be imposed after the respondent's criminal conviction and interim suspension?
  2. Whether the respondent should be required to pay the costs of the disciplinary proceeding as a condition of resuming the practice of law.

Holdings

  1. The respondent's suspension from the Oklahoma Bar Association shall remain effective for two years and one day or until her incarceration has ended, whichever is longer.
  2. Upon expiration of the suspension, resumption of the practice of law is conditioned on compliance with Rule 11 of the Rules Governing Disciplinary Proceedings and payment of assessed costs of $4,077.65.

Factual background

The respondent was convicted of manslaughter. She had no prior complaints, disciplinary actions, suspensions, or criminal charges. The Professional Responsibility Tribunal recommended continuing the interim suspension for two years and one month or until incarceration ended, whichever was longer.

Procedural history

The Oklahoma Bar Association filed notice of respondent Emma Barlie Arnett's manslaughter conviction on July 31, 2018. The Supreme Court issued an order of immediate suspension on September 10, 2018. After a Professional Responsibility Tribunal proceeding on April 22, 2019, the Supreme Court ordered that the suspension continue for two years and one day or until incarceration ends, whichever is longer, and awarded the Bar Association its costs.

Court Document

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