STATE ex rel. OKLAHOMA BAR ASSOCIATION v. SPRADLING

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. SPRADLING
2008 OK 14
Case Number: SCBD-5379; OBAD-1736
Decided: 02/11/2008

THE SUPREME COURT OF THE STATE OF OKLAHOMA

FOR PUBLICATION IN OBJ ONLY. NOT RELEASED FOR OFFICIAL PUBLICATION.

STATE OF OKLAHOMA ex rel. Oklahoma Bar Association, Complainant,
v.
CAMERON MAXWELL SPRADLING, Respondent.

CORRECTED
ORDER

¶1 The Oklahoma Bar Association has filed in this court a certified copy of the Information, Plea Agreement and Judgment of Cameron Maxwell Spradling, the defendant in a United States District Court for the Western District of Oklahoma criminal case. Respondent entered a plea of guilty to one count, Failure to File Tax Return.

¶2 The Oklahoma Bar Association submits these documents in accordance with Rules 7.1, 7.2 and 7.4, Rules Governing Disciplinary Proceedings, 5 O.S. Supp. 2007, Ch.1, App. 1-A.

¶3 IT IS THEREFORE ORDERED THAT respondent shall stand immediately suspended from the practice of law until further order by this court. Respondent is commanded to show cause in writing, if any he have, on or before 26 February 2008 why today's order directing his immediate suspension from the practice of law should be set aside.

¶4 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 7th DAY OF FEBRUARY 2008.

/S/CHIEF JUSTICE

¶5 ALL JUSTICES CONCUR

FOOTNOTES

1 The terms of 26 U.S.C. § 7203 provide:
Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25,000 ($100,000 in the case of a corporation), or imprisoned not more than 1 year, or both, together with the costs of prosecution. In the case of any person with respect to whom there is a failure to pay any estimated tax, this section shall not apply to such person with respect to such failure if there is no addition to tax under section 6654 or 6655 with respect to such failure. In the case of a willful violation of any provision of section 6050I, the first sentence of this section shall be applied by substituting "felony" for "misdemeanor" and "5 years" for "1 year".

Two counts against respondent were dismissed on motion by the United States.

2 The terms of Rule 7.1, RGDG, provide:
A lawyer who has been convicted or has tendered a plea of guilty or nolo contendere pursuant to a deferred sentence plea agreement in any jurisdiction of a crime which demonstrates such lawyer's unfitness to practice law, regardless of whether the conviction resulted from a plea of guilty or nolo contendere or from a verdict after trial, shall be subject to discipline as herein provided, regardless of the pendency of an appeal.

The terms of Rule 7.2, RGDG, provide:
The clerk of any court within this State in which a lawyer is convicted or as to whom proceedings are deferred shall transmit certified copies of the Judgment and Sentence on a plea of guilty, order deferring judgment and sentence, indictment or information and judgment and sentence of conviction to the Chief Justice of the Supreme Court and to the General Counsel of the Oklahoma Bar Association within five (5) days after said conviction. The documents may also be furnished to the Chief Justice by the General Counsel. Such documents, whether from this jurisdiction or any other jurisdiction, 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.

The terms of Rule 7.4, RGDG, provide:
If the conviction becomes final without appeal, the General Counsel of the Oklahoma Bar Association shall inform the Chief Justice and the Court shall order the lawyer, within such time as the Court shall fix in the order, to show cause in writing why a final order of discipline should not be made. The written return of the lawyer shall be verified and expressly state whether a hearing is desired. The lawyer may in the interest of explaining his conduct or by way of mitigating the discipline to be imposed upon him, submit a brief and/or any evidence tending to mitigate the severity of discipline. The General Counsel may respond by submission of a brief and/or any evidence supporting his recommendation of discipline.