STATE ex rel. OKLAHOMA BAR ASSOCIATION v. OGLE

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STATE ex rel. OKLAHOMA BAR ASSOCIATION v. OGLE
2012 OK 69
Case Number: SCBD-5902
Decided: 08/22/2012

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.
JAMES DAVID OGLE, Respondent.

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 forward to this Court a certified copy of an Information and a certified copy of a Judgment and Sentence and Summary of Facts on a Pleas of Guilty Misdemeanor in which the respondent plead guilty to the obstruction of a public officer in violation of 21 O.S. § 540. 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 these papers and orders, this Court orders that James David Ogle is immediately suspended from the practice of law. James David Ogle is directed to show cause, if any, no later than September 7, 2012, why this order of interim suspension should be set aside. See RGDP Rule 7.3. The OBA has until September 14, 2012, to respond to James David Ogle'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, James David Ogle has until September 17, 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 October 1, 2012, to respond.

DONE BY ORDER OF THE SUPREME COURT this 22nd day of August 2012.

/S/VICE CHIEF JUSTICE

CONCUR: TAYLOR, C.J.; COLBERT, V.C.J.; and WATT, WINCHESTER, REIF, and COMBS, JJ.

NOT PARTICIPATING: KAUGER and GURICH, JJ.

NOT VOTING: EDMONDSON, J.