Opinion
Case Number: SCBD-5843
03-12-2012
STATE OF OKLAHOMA ex rel. OKLAHOMA BAR ASSOCIATION, Complainant, v. GEORGE WAYNE OLMSTEAD, Respondent.
FOR PUBLICATION IN OBJ ONLY. NOT RELEASED FOR OFFICIAL PUBLICATION.
ORDER OF IMMEDIATE INTERIM SUSPENSION
The Oklahoma Bar Association (OBA), in compliance with Rule 7.1 and 7.2 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2011, ch. 1, app. 1-A, has forwarded to this Court a certified copy of an order deferring sentence for "a plea of no contest to a violation of one count of 21 O.S. § 1953(A)(3)." Rule 7.3 of the RGDP provides: "Upon receipt of the certified copies of Judgment and Sentence on a plea of guilty, order deferring judgment and sentence, indictment or information and the judgment and sentence, the Supreme Court shall by order immediately suspend the lawyer from the practice of law until further order of the Court." This Court has received the certified copies of these papers.
On March 8, 2012, Stephen Jones had a letter hand delivered to the Chief Justice of this Court. The letter was filed in the Clerk's office in this bar proceeding. In the letter, Jones states that the respondent, G. Wayne Olmstead, is his client. The letter is treated as an entry of appearance. The letter also contains objections to this bar proceeding.
Nonetheless, Rule 7.3 requires this Court by order to immediately suspend a lawyer upon receipt of the certified copy of an order deferring judgment and sentence. Thus, this Court orders that George Wayne Olmstead is immediately suspended from the practice of law. George Wayne Olmstead, is directed to show cause, if any, no later than March 27, 2012, why this order of interim suspension should be set aside. See RGDP Rule 7.3. The OBA has until April 3, 2012, to respond to George Wayne Olmstead's statement should one be filed.
Rule 7.2 of the RGDP provides that the certified copies of the order deferring judgment and sentence "shall constitute the charge and be conclusive evidence of the commission of the crime upon which the judgment and sentence is based and shall suffice as the basis for discipline in accordance with these rules." Pursuant to Rule 7.4 of the RGDP, George Wayne Olmstead has until April 11, 2012, to show cause in writing why a final order of discipline should not be imposed, to request a hearing, or to file a brief and any evidence tending to mitigate the severity of discipline. The OBA has until April 26, 2012, to respond.
DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 12th day of March 2012.
ACTING CHIEF JUSTICE
COLBERT, V.C.J., KAUGER, WATT, WINCHESTER, EDMONDSON, REIF, COMBS, GURICH, JJ. Concur
TAYLOR, C.J. recused.