Summary: Attorney John Bernard Sullivan has been immediately suspended on an interim basis due to his entry of a plea of guilty to one count of Use or Possession of Drug Paraphernalia, in violation of K.S.A. 21-5710, a Class A Nonperson Misdemeanor.
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: Sullivan plead guilty to one count of Use or Possession of Drug Paraphernalia, in violation of K.S.A. 21-5710, a Class A Nonperson Misdemeanor. The judgment on these matter was forwarded to the Oklahoma Supreme Court per RGDP 7.3 and the Oklahoma Supreme Court entered an immediate interim suspension of Sullivan's 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 Sullivan's status as an attorney is determined.
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