State of Oklahoma ex rel. Oklahoma Bar Association v. Michael David McBride

Summary

The Oklahoma Supreme Court immediately suspended Michael David McBride from practicing law under the Rules Governing Disciplinary Proceedings after receiving certified records of his guilty pleas to misdemeanor driving under the influence and driving with a suspended license. The Court cited McBride’s prior alcohol-related disciplinary history and established deadlines for him to show cause against the interim suspension and proposed final discipline.

Holdings

1. Upon receipt of certified copies of an order deferring judgment and sentence and related charging documents, the Supreme Court of Oklahoma may immediately suspend the lawyer from practicing law until further order of the Court.
2. A certified copy of a guilty plea, order deferring judgment and sentence, or information and judgment and sentence of conviction constitutes the charge and is conclusive evidence of the commission of the underlying crime for purposes of discipline under the Rules Governing Disciplinary Proceedings.

Questions Presented

1. Whether the certified criminal-case records and McBride's prior discipline authorized the Supreme Court of Oklahoma to immediately suspend him from the practice of law under Rule 7.3 of the Rules Governing Disciplinary Proceedings.
2. Whether the certified guilty pleas and deferred judgment constituted a sufficient and conclusive basis for further attorney discipline under Rule 7.2.

Disposition

other