State ex rel. Oklahoma Bar Ass'n v. Cooley

2013 OK 42, 304 P.3d 453, 2013 WL 3192010, 2013 Okla. LEXIS 54
CourtSupreme Court of Oklahoma
DecidedJune 25, 2013
DocketSCBD No. 5987
StatusPublished
Cited by115 cases

This text of 2013 OK 42 (State ex rel. Oklahoma Bar Ass'n v. Cooley) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Oklahoma Bar Ass'n v. Cooley, 2013 OK 42, 304 P.3d 453, 2013 WL 3192010, 2013 Okla. LEXIS 54 (Okla. 2013).

Opinion

TAYLOR, J.

1 1 The Rules Governing Disciplinary Proceedings, 5 0.8.2011, ch. 1, app. 1-A (RGDP), prescribe a summary disciplinary proceeding for immediate suspension of a lawyer's license to practice law and final discipline of a "lawyer who has been convicted or has tendered a plea of guilty or nolo contendere pursuant to a deferred sentence plea agreement in any jurisdiction of a crime which demonstrates such lawyer's unfitness to practice law." Id., Rule 7.1. According to Rule 7.2, the summary disciplinary proceeding is to be initiated by the filing of certified copies of the indictment or information, the judgment and sentence on a plea of guilty, and the order deferring judgment and sentence or the judgment and sentence of conviction. The certified copies are to be transmitted to the Chief Justice of the Supreme Court within five days after the sentencing or deferring of sentence. The certified copies are conclusive evidence of the commission of the crime and constitute the charge and suffice as the basis for discipline. Id., Rule 7.2. >

12 Two basic issues are addressed in a summary disciplinary proceeding: 1) does the conviction demonstrate the lawyer's unfitness to practice law, and if so, 2) what is the appropriate discipline to be imposed. Under Rule 7.8, this Court initially decides that the crime facially demonstrates the lawyer's unfitness to practice law when it issues the immediate suspension order. The immediate suspension order under Rule 7.3 must allow the lawyer an opportunity to show cause, if any he or she has, why the order should be set aside. If the lawyer responds to the show cause order, this Court may set aside the suspension order 1) upon a showing that the crime does not demonstrate the lawyer's unfitness to practice law or 2) if with due regard for maintaining the integrity of and confidence in the legal profession, it appears to be in the interest of justice. In setting aside the immediate suspension order, this Court may dismiss the Rule 7 summary disciplinary proceeding or send the matter to the OBA for a hearing before a Professional Responsibility Tribunal upon the lawyer's response to the show cause order.

T3 Unless this Court decides that the crime does not demonstrate the lawyer's unfitness to practice law, this Court will proceed to determine the appropriate final discipline to be imposed. Under Rule 7.4, the General Counsel of the Oklahoma Bar Association (OBA) is required to inform the Chief Justice when the conviction becomes final without appeal; and thereupon, the Court will order the lawyer to show cause in writing why a final order of discipline should not be made. Rule 74 allows the parties to submit evidence, argument and authority, and recommendations on the appropriate discipline:

The written return of the lawyer must be verified and expressly state whether a hearing is desired. The lawyer may, in the interest of explaining the eriminal conduct or by way of mitigating the discipline to be imposed, submit a brief and/or any evidence tending to mitigate the severity of discipline. The General Counsel may respond by submission of a brief and/or any evidence supporting [the] recommendation of discipline.

T4 In a Rule 7 summary disciplinary proceeding, as in other disciplinary proceedings, this Court exercises exclusive original jurisdiction to carry out its nondelegable responsibility to discipline lawyers and to regulate the practice of law as may be necessary to safeguard the interests of the public, the judiciary, and the legal profession. State ex rel. Oklahoma Bar Association v. Shofner, 2002 OK 84, ¶ 5, 60 P.3d 1024, 1026. This Court considers de novo every aspect of a disciplinary inquiry. State ex rel. Oklahoma Bar Association v. Livshee, 1994 OK 12, ¶ 5, 870 P.2d 770, 773.

I. Facts and Circumstances

15 Christopher Mark Cooley (Cooley) became a member of the OBA on April 16, 2009. Cooley's OBA member number is 22400, and his official roster address is 7776 W. Rogers Blvd., Skiatook, Oklahoma 74070.

16 On July 19, 2011, Cooley pawned a Taurus pistol claiming he had owned the [455]*455pistol for at least one year even though he knew the pistol had been stolen just six months earlier in February of 2011. On March 14, 2012, the district attorney caused an information to be filed charging Cooley with the crime of False Declaration of Ownership, pursuant to 59 0.9$.2011, § 1512, in cause numbered CF-2012-1107 in the District Court in Tulsa County, Oklahoma. On February 13, 2018, Cooley entered a plea of guilty to the crime of False Declaration of Ownership, and the District Court deferred the sentencing date for a period of five years until February 5, 2018.

T7 On December 20, 2012, Cooley identified himself as Mark Steven Mitchell to avoid arrest on an outstanding felony warrant. On December 27, 2012, the district attorney caused an information to be filed charging Cooley with the crime of Falsely Personate Another to Create Liability, pursuant to 21 0.98.2011, $ 1531.4, in cause numbered CF-2012-5863 in the District Court in Tulsa County, Oklahoma. On February 13, 2018, Cooley entered a plea of guilty to the crime of Falsely Personate Another to Create Liability, and the District Court deferred the sentencing date for a period of five years until February 5, 2018, to run concurrently with the deferred sentencing in CF-2012-1107.

T8 On April 5, 2013, the OBA furnished the Chief Justice with certified copies of the informations, pleas of guilty, and orders of deferred felony sentencing filed in CF-2012-1107 and CF-2012-5863 before the District Court in Tulsa County. The OBA submitted the certified copies as the basis for an immediate order of suspension from the practice of law pursuant to Rules 7.1 and 7.2 of the RGDP.

{9 On April 15, 2013, this Court entered an order immediately suspending Cooley from the practice of law; allowing Cooley to show cause, on or before April 26, 2018, why the order of interim suspension should be set aside; and allowing the OBA to respond to Cooley's show-cause filing on or before May 7, 20183, in accordance with Rule 7.3 of the RGDP. This Court's order also allowed Cooley to show cause why final discipline should not be imposed, to request a hearing, and to submit a brief and evidence to mitigate the severity of the discipline on or before May 6, 2013, and allowed the OBA to respond to Cooley's filings on or before May 21, 2013, in accordance with Rule 7.4 of the RGDP.

{10 Cooley did not submit a show-cause filing to challenge the immediate suspension order nor did he request a hearing or offer evidence and argument to mitigate the severity of the discipline. The OBA did not submit any further filing and made no recommendation of discipline.

II. Unfitness to Practice Law under Rule 7.1

%T11 Implicit in the April 15, 2013 Order of Immediate Interim Suspension is our decision that at least one, if not both, of the crimes committed by Cooley facially demonstrates his unfitness to practice law. However, we must again consider Cooley's criminal conduct in determining the appropriate final discipline. The illegal conduct of falsely declaring ownership of property and impersonating another, which Cooley pleaded guilty to, both involve intentional dishonesty for personal gain. Rule 84(b)and (c)1

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Bluebook (online)
2013 OK 42, 304 P.3d 453, 2013 WL 3192010, 2013 Okla. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-cooley-okla-2013.