State Ex Rel. Oklahoma Bar Ass'n v. Wright

1990 OK 45, 792 P.2d 1171, 1990 Okla. LEXIS 52, 1990 WL 58156

• Court: Supreme Court of Oklahoma
• Decided: May 8, 1990
• Docket: OBAD No. 825, SCBD No. 3477
• Status: Published

Opinions

ORDER

Upon consideration of the above styled and captioned cause, THE COURT FINDS THAT:

1)The respondent, Harvey Russell Wright, Jr., was indicted on 26 counts of distributing and possessing cocaine and distributing and possessing marihuana. After a plea bargain agreement was reached, Wright pleaded guilty to one count of distributing cocaine to two friends in a social setting in Cause No. CR-87-97-D in the United States District Court for the Western District of Oklahoma. This Court issued an order of interim suspension on February 3, 1988.

2) This admission demonstrates his unfitness to practice law within the meaning of 5 O.S.1981 Ch. 1, App. 1-A, Rule 7.1, and after an evidentiary hearing, the Professional Responsibility Tribunal recommended that the respondent be suspended from the practice of law for a period of two years, ending September 2, 1989, and that he pay the costs of these proceedings. After payment, the panel recommended that the respondent be reinstated.

3) Wright agrees that suspension is warranted. He requests a suspension of two years or less to begin retroactively from June 10, 1987, the date he pleaded guilty. This case is distinguishable from State ex rel. Oklahoma Bar Assoc, v. Armstrong, 638 P.2d 1127, 1128 (Okla.1982) in which the attorney was disbarred for the distribution of cocaine. In Armstrong, the respondent was convicted of conspiracy to distribute cocaine and marijuana; aiding and abetting in the possession with intent to distribute; and possession with intent to distribute. He was sentenced to nine years in prison. Armstrong was requested to show cause why the final order of discipline should not be made. Unlike Wright, he failed to respond to the order, and consequently, no evidence was presented by Armstrong in mitigation of the disciplinary matter. Wright was convicted of one count, was sentenced to two years of prison and did respond to the show cause order. At the show cause hearing, attorneys and former clients testified that they would employ Wright as an attorney when he was reinstated to practice law. A former sheriff testified that during Wright’s term as a District Attorney, he had been the most effective person to serve during the sheriffs term in office.

4) Wright’s action demands discipline. We find that-suspension from the practice of law rather than disbarment is an adequate indication that this Court will not condone such behavior. State ex rel. Oklahoma Bar Assn. v. Denton, 598 P.2d 663, 665 (Okla.1979). We also find, after a de novo review of the record, that the clear and convincing proof supports the suspension of the respondent for two years and one day to begin from the date of this order rather than the shorter time frame suggested by the Professional Responsibility Tribunal. (In essence, the petitioner will be suspended from May 3, 1989, until May 4, 1992 instead of from May 3, 1989 until September 2, 1989 as suggested by the Professional Responsibility Tribunal.) State ex rel. Oklahoma Bar Assoc, v. McMillian, 770 P.2d 892, 897 (Okla.1989).

5) Even so, we note that reinstatement is not automatically granted upon the expiration of the suspension. Before any person is readmitted to the practice of law both the welfare of the public and the Bar must be considered. The process is a difficult one and the burden of proof rests with the applicant. The applicant must demonstrate that he has been rehabilitated before he can be readmitted. Reinstatement of Cantrell, 785 P.2d 312, 313 (Okla.1989).

6) The respondent is directed to pay the costs of these proceedings.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the respondent is suspended from the practice of law for two years and one day from the date of this order and ordered to pay the costs assessed in this proceeding.

HARGRAVE, C.J., and HODGES, LAVENDER, ALMA WILSON, KAUGER and SUMMERS, JJ., concur. OPALA, V.C.J., and SIMMS and DOOLIN, JJ., dissent.