STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MCARTHUR

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STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MCARTHUR
2013 OK 4
Case Number: SCBD-5960
Decided: 01/14/2013

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.
GALE EUGENE MCARTHUR, II 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), has forward to this Court certified copies of an Information and Amended Informations a certified copy of a plea of guilty, and a Judgment and Sentence in which Gale Eugene McArthur, II, pled guilty to a violation of 60 OS 2-402(b)(1), unlawful possession of a controlled and dangerous substance, a felony. 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 Gale Eugene McArthur, II, is immediately suspended from the practice of law. Gale Eugene McArthur, II, is directed to show cause, if any, no later than January 25, 2013, why this order of interim suspension should be set aside. See RGDP Rule 7.3. The OBA has until February 5 2013, to respond to Gale Eugene McArthur, II, should one be filed.

Rule 7.2 of the RGDP provides that a certified copy of a plea of guilty, of 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, Gale Eugene McArthur, II, has until February 4, 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 February 15, 2013, to respond.

DONE BY ORDER OF THE SUPREME COURT this 14rd day of January 2013.

/S/CHIEF JUSTICE

ALL JUSTICES CONCUR.

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