STATE ex rel. OKLAHOMA BAR ASSOCIATION v. WELCH

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. WELCH
2012 OK 36
Case Number: SCBD-5868
Decided: 04/19/2012

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.
JOSH T. WELCH, 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 forwarded to this Court a certified copy of a Judgment and Sentence on an "Alford Plea" by the respondent, Josh T. Welch, for obstructing an 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." This Court has received the certified copies of these papers and orders that Josh T. Welch is immediately suspended from the practice of law. Josh T. Welch is directed to show cause, if any, no later than May 3, 2012, why this order of interim suspension should be set aside. See RGDP Rule 7.3. The OBA has until May 11, 2012, to respond to Josh T. Welch'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, Josh T. Welch has until May 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 May 18, 2012, to respond.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 19th day of April 2012.

/S/CHIEF JUSTICE

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

NOT PARTICIPATING: KAUGER and GURICH, JJ.