Summary
The Oklahoma Supreme Court reviewed a bar disciplinary proceeding arising from Robert R. Faulk’s guilty pleas to felony domestic abuse with a prior pattern of physical abuse and misdemeanor domestic abuse. The court found clear and convincing evidence that the convictions violated Rule 8.4(b) of the Oklahoma Rules of Professional Conduct and Rule 1.3 of the Rules Governing Disciplinary Proceedings. Faulk was suspended from practicing law for two years beginning September 28, 2020, and ordered to pay $2,749.85 in costs.
Topics
Practice areas
Questions Presented
- Whether police reports admitted as exhibits were admissible hearsay in the disciplinary proceeding.
- Whether Faulk's criminal convictions for domestic violence established violations of Rule 8.4(b) of the Oklahoma Rules of Professional Conduct and Rule 1.3 of the Rules Governing Disciplinary Proceedings.
- What discipline was appropriate in light of the misconduct, aggravating circumstances, mitigating circumstances, and comparable disciplinary cases.
- Whether the costs of the disciplinary proceeding should be assessed against Faulk.
Holdings
- Police reports in Exhibits 2 and 4 should not have been admitted because investigative reports by police and other law-enforcement personnel are expressly excluded from the applicable public-records hearsay exception, absent a compelling reason for admission.
- Faulk's convictions for acts of domestic violence constituted conclusive evidence of the underlying crimes and clearly demonstrated his unfitness to practice law, violating Rule 8.4(b) of the Oklahoma Rules of Professional Conduct and Rule 1.3 of the Rules Governing Disciplinary Proceedings.
- A two-year suspension from the practice of law, retroactive to September 28, 2020, was the appropriate discipline for Faulk's domestic-violence misconduct, considering the seriousness and pattern of violent and alcohol-related conduct, mitigation, deterrence, and protection of the public and legal profession.
- Faulk must pay $2,749.85 in disciplinary costs within ninety days after the opinion becomes final.
Key quotations
“We hold there is clear and convincing evidence that the totality of Respondent's conduct warrants a two-year suspension from the date of Respondent's interim suspension, September 28, 2020.” (¶ 0)
“It is incumbent on this Court to demonstrate to the public and members of the Bar that we consider domestic abuse to be a serious breach of a lawyer's ethical duty--a breach that will not be tolerated.” (¶ 29)
Factual background
Faulk pleaded guilty to felony domestic abuse with a prior pattern of physical abuse and misdemeanor domestic abuse assault and battery arising from a May 2019 incident involving his girlfriend. The incident involved intoxication, physical violence, threats, and conduct that caused law enforcement to enter Faulk's home and find the victim hiding naked and sobbing. The record also contained evidence of prior domestic-violence incidents and alcohol-related conduct, along with mitigating evidence concerning treatment, recovery efforts, and character.
Procedural history
The Oklahoma Bar Association filed a notice of Respondent's criminal convictions, and the Supreme Court entered an immediate interim suspension effective September 28, 2020. Respondent waived a hearing on the interim suspension but requested a limited mitigation hearing. After the Professional Responsibility Tribunal recommended a one-year suspension with an additional one-year deferred suspension, the Supreme Court imposed a two-year suspension and assessed costs of $2,749.85.