State ex rel. Oklahoma Bar Association v. Levisay

Summary

The Oklahoma Supreme Court reviewed a summary attorney-discipline proceeding arising from Shelley Lynne Levisay's no-contest felony plea for harboring a fugitive. Considering the respondent's domestic-abuse victimization, lack of prior discipline, acceptance of responsibility, and other mitigating circumstances, the Court imposed a one-year suspension effective October 7, 2019, and ordered her to pay costs.

Holdings

1. The Supreme Court independently reviews every aspect of an attorney-discipline proceeding de novo, and the Professional Responsibility Tribunal's findings, conclusions, and disciplinary recommendation are not binding.
2. A conviction or no-contest plea to a crime demonstrating a lawyer's unfitness may support discipline, and the conviction record is conclusive evidence of the commission of the crime for purposes of the disciplinary proceeding; however, the conviction does not automatically establish the appropriate length of suspension.
3. A one-year suspension from the practice of law, effective from the date of Levisay's interim suspension, was sufficient to protect the public, deter similar misconduct, and preserve public trust.
4. The suspension properly included continued therapeutic counseling and compliance with the terms of Levisay's suspended criminal sentence, but the proposed drug-testing condition was unsupported by the record and was stricken.

Questions Presented

1. What level of attorney discipline was appropriate after Levisay's felony conviction for harboring a fugitive from justice?
2. How should the Supreme Court apply de novo review and weigh the criminal conduct, mitigating circumstances, prior disciplinary decisions, and the goals of attorney discipline?
3. Whether continued therapeutic counseling and compliance with the suspended criminal sentence should be imposed as conditions of discipline and whether drug testing was supported by the record.

Disposition

other