STATE ex rel. OKLAHOMA BAR ASSOCIATION v. DEMOPOLOS

2015 OK 5

Summary: Attorney James M. Demopolos has been immediately suspended on an interim basis due to his entry of a guilty plea to charges of one count of Obstructing an Officer, one count of Threatening an Act of Violence, and one count of Domestic Abuse (Assault and Battery) in a deferred sentencing agreement.

Legal Issues: The Oklahoma Supreme Court is directly responsible for the accreditation of attorneys in the state of Oklahoma. This is accomplished through the Oklahoma Bar Association and its enforcement of the Oklahoma Rules for Professional Conduct for Attorneys ("ORPC").  If an attorney is alleged to have violated the ORPC, the Oklahoma Bar Association investigates as outlined in the Rules Governing Disciplinary Proceedings ("RGDP"). 

Because the change of status of an attorney from 'good standing' to 'suspended' is of public significance, all attorney licensure matters are published, regardless of whether a novel legal question is involved.

As one would expect, an attorney is required to obey the criminal laws of the state. ORPC 8.4 (b) prohibits an attorney from committing a "criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects." Thus matters such as routine traffic tickets or even a single DUI are not necessarily actionable. The commentary to the rule notes: "Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to law practice. Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation."

In order to police the attorneys of this state in a timely fashion, the Oklahoma Supreme Court requires that if an attorney enters a plea of 'guilty' or 'nolo contendre' to a "crime that demonstrates such attorney's unfitness to practice law" that the court clerk forward a copy of the plea or judgment to the Oklahoma Supreme Court for action. (See, RGDP 7.1 and 7.3). Typically, the Court will enter an immediate interim suspension of the attorney and refer the matter to the Oklahoma Bar Association for investigation and further action under the RGDP.

Discussion: Under a deferred sentence, Demopolos entered a guilty plea to charges of one count of Obstructing an Officer, one count of Threatening an Act of Violence, and one count of Domestic Abuse (Assault and Battery) in Oklahoma County Case No. CF-2014-3767. Pursuant to this arrangement, the Oklahoma County court will hold Demopolos' guilty plea for two years. If that time passes and Demopolos has not had other criminal charges brought against him the case will be dismissed. If other criminal charges are brought against Demopolos before the two years expire, the District Attorney may seek to have the Oklahoma County court to impose penalty for these charges as well. 

The Court per RGDP 7.3 entered an immediate interim suspension of Demopolos' license to practice law until further notice. This matter will now be handled via the disciplinary procedures and will appear before the Court again when a final determination regarding Demopolos' status as an attorney is made.

Update: This matter was finally resolved in State ex rel. Oklahoma Bar Association v. Demopolos, 2015 OK 50. The Court issued discipline in the form of one year of suspension from the practice of law with a further year of deferred suspension.