STATE ex rel. OKLAHOMA BAR ASSOCIATION v. ZANNOTTI

326 P.3d 496
CourtSupreme Court of Oklahoma
DecidedApril 8, 2014
StatusPublished
Cited by13 cases

This text of 326 P.3d 496 (STATE ex rel. OKLAHOMA BAR ASSOCIATION v. ZANNOTTI) 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 ASSOCIATION v. ZANNOTTI, 326 P.3d 496 (Okla. 2014).

Opinion

OSCN Found Document:STATE ex rel. OKLAHOMA BAR ASSOCIATION v. ZANNOTTI
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STATE ex rel. OKLAHOMA BAR ASSOCIATION v. ZANNOTTI
2014 OK 25
326 P.3d 496
Case Number: SCBD-6019
Decided: 04/08/2014
As Corrected: June 17, 2014
THE SUPREME COURT OF THE STATE OF OKLAHOMA


Cite as: 2014 OK 25, 326 P.3d 496

STATE OF OKLAHOMA ex rel. OKLAHOMA BAR ASSOCIATION, Complainant,
v.
MARK ANDREW ZANNOTTI, Respondent.

ORIGINAL PROCEEDING FOR ATTORNEY DISCIPLINE

¶0 The Oklahoma Bar Association filed a complaint against Respondent alleging violations of Rule 8.4(b) of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S.2011, ch. 1, app. 3-A, and Rule 1.3 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2011, ch. 1, app. 1-A. The basis of the complaint was respondent's nolo contendere plea to domestic assault and malicious injury to property and a protective order entered against him. The parties stipulated to the facts and agreed to a recommended discipline of public censure and probation. The Professional Responsibility Tribunal found that Respondent had violated the ORPC and RGDP as alleged and recommended a public censure and probation until January 20, 2015.

RESPONDENT SUSPENDED;
MOTION TO ASSESS COSTS DENIED.

Loraine Dillinder Farabow, Assistant General Counsel, Oklahoma Bar Association, Oklahoma City, Oklahoma, for Complainant.
Charles F. Alden, Oklahoma City, Oklahoma, for Respondent.

TAYLOR, J.

¶1 The Oklahoma Bar Association (OBA) filed a complaint against attorney Mark Andrew Zannotti (Respondent). The OBA alleges Respondent violated Rule 8.4(b)1 of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S.2011, ch. 1, app. 3-A, and Rule 1.32 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2011, ch. 1, app. 1-A, and that he should be disciplined. The parties entered into stipulations of facts, including that Respondent pled nolo contendere to charges of domestic violence and destruction of another's property and is under a protective order, and recommended a public reprimand with a period of probation. The Professional Responsibility Tribunal (PRT) held a hearing and filed a report finding that Respondent had violated the ORPC and RGDP and recommending that Respondent should be disciplined by public reprimand with probation.

¶2 The first issue before this Court is whether Respondent violated the ORPC's and the RGDP's rules governing attorneys' conduct. If so, the second issue is what discipline should be imposed on Respondent. We find that Respondent has violated the ORPC's and the RGDP's rules governing attorney conduct. We determine the proper discipline to be suspension from the practice of law for two years if Respondent successfully completes the requirements of the order deferring the sentence and judgment, subject to reconsideration if the judgment and sentencing are accelerated.

I. REVIEW OF PRT PROCEEDING AND RECORD

¶3 This Court has original and exclusive jurisdiction over bar disciplinary matters. Rule 1.1, RGDP. This Court's review of the proceeding before the PRT is de novo. State ex rel. Okla. Bar Ass'n v. Donnelly, 1992 OK 164, ¶ 11, 848 P.2d 543, 545. In our de novo review, we examine the record and assess the weight and credibility of the evidence. Id. This Court is not bound by the parties' admissions, the parties' stipulations, or the PRT's findings of facts and misconduct or recommendations of discipline. Id.

¶4 The record includes the parties' stipulations, a transcript of the PRT hearing, and documentary evidence. Factual stipulations that are consistent with the record are adopted by this Court; to the extent the stipulations are inconsistent with the record, they are rejected. See State ex rel. Oklahoma Bar Ass'n v. Chapman, 2005 OK 16, ¶¶ 11-12, 114 P.3d 414, 416. Here, the stipulated facts present an incomplete account of the facts and of Respondent's misconduct.

II. BACKGROUND FACTS

¶5 On November 9, 2009, J.D. retained Respondent as her attorney in her divorce proceeding. On October 3, 2010, J.D. and Respondent began a sexual dating relationship although both were married and Respondent was still representing J.D. On November 3, 2010, Respondent filed an application to withdraw as J.D.'s attorney; the application was granted on November 4, 2010. The couple dated off and on until September 4, 2011.

¶6 The following undisputed testimony was presented at the trial in State v. Zannotti, No. CM-2012-3988 (D.Ct. Tulsa County Jan. 28, 2013). On or before October 26, 2011, while J.D. was away on a business trip and then on her way home, Respondent sent J.D. text messages which show that Respondent was in a needy, jealous state of mind; and J.D. responded to several, but not all, of the text messages.3 J.D. and Respondent agreed to meet at her house because Respondent was "wanting to get back together." Respondent let himself into J.D.'s house through an unlocked back door as she had instructed him. When J.D. arrived home and to her surprise, her garage door was open with Respondent's car parked inside. Even though they were not dating at the time, Respondent opened J.D.'s car door and kissed her. Then Respondent reached inside the car, grabbed her phone, smashed it in the driveway, and said, "You don't need this. You just need to pay attention to me."

¶7 J.D. and Respondent went into the kitchen where an argument began. When Respondent went into the backyard, J.D. got in her car and attempted to leave. Respondent came into the garage, pulled the keys out of the car, and pulled J.D. out of the car and into the kitchen. After J.D. saw Respondent's phone on the counter, she encouraged Respondent to smash his phone like he had smashed her phone. When Respondent went outside with his phone, J.D. grabbed a cordless phone and ran upstairs to the bathroom.

¶8 Respondent came up the stairs and into the bathroom, pulled J.D. into the bedroom, and pushed her onto the bed. J.D. started screaming for Respondent to leave which upset him even more. Respondent then lifted J.D. up by her shoulders, threw her into the bedroom wall and head-butted her in the face, causing a gash across her nose and giving her two black eyes.

¶9 J.D. convinced Respondent to let her go downstairs to get some ice for her nose, and Respondent followed her into the kitchen. Respondent pushed J.D. back upstairs where he ordered her to undress and where he undressed.4 Respondent ordered J.D.

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Bluebook (online)
326 P.3d 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-association-v-zannotti-okla-2014.