Opinion
Case Number: SCBD-6001
05-06-2013
STATE OF OKLAHOMA ex rel. OKLAHOMA BAR ASSOCIATION, Complainant, v. WILLIAM G. BERNHARDT, 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), has forwarded to this Court certified copies of the Information, Order deferring judgment and sentence on a plea of guilty in which William G. Bernhardt, pled guilty to the felony charges of (1) Driving Under the Influence of Alcohol, under 47 O.S. 11-902; and (2) Attempting to Elude a Police Officer, under 21 O.S. 540A(B); and (3) one misdemeanor count of Transporting an Open Container of Alcohol, a violation of 21 O.S. 1220. 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."
Having received certified copies of the required paperwork, this Court orders that William G. Bernhardt is immediately suspended from the practice of law. William G. Bernhardt is directed to show cause, if any, no later than May 17, 2013, why this order of interim suspension should be set aside. See RGDP Rule 7.3. The OBA has until May 28, 2013, to respond.
Rule 7.2 of the RGDP provides that a certified copy of a plea of guilty, an order deferring judgment and sentence, or information and judgment and sentence of conviction "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, William G. Bernhardt has until May 27, 2013, 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 June 11, 2013, to respond.
DONE BY ORDER OF THE SUPREME COURT this 6th day of May, 2013.
CHIEF JUSTICE
Colbert, C.J., Reif, V.C.J., Watt, Winchester, Edmondson, Taylor, Combs and Gurich, JJ., Concur.
Kauger, J., Not Participating.