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State ex rel Oklahoma Bar Association v. Wyatt9/11/2001
__ P.3d __
ORIGINAL PROCEEDING FOR ATTORNEY DISCIPLINE
The Oklahoma Bar Association seeks the disbarrment of Respondent, Noel Ancil Wyatt. Wyatt is currently under an order of interim suspension, entered January 16, 2001. Wyatt was convicted of the crime of manslaughter in the first degree on July 10, 2000 in the District Court of Grady County and was sentenced to twenty years imprisonment, with ten years suspended. Wyatt's conviction and incarceration arose out of an automobile accident that occurred on May 14, 1999. Wyatt, while driving under the influence of alcohol after a prior drunk driving conviction, crossed the center line of the road and struck an oncoming truck driven by Roy Lowe. Mr. Lowe died as the result of the collision. On March 14, 2001 we remanded the matter to the Professional Responsibility Tribunal for a hearing on the amount of discipline to be imposed on Wyatt. Following the hearing, the trial panel recommended that Wyatt be disbarred and ordered to pay the costs of these proceedings. Upon de novo review, we concur in the trial panel's recommendation.
RESPONDENT DISBARRED AND ORDERED TO PAY COSTS OF THE PROCEEDING
OPINION
Petitioner, Oklahoma Bar Association, pursuant to Rule 7.2, Rules Governing Disciplinary Proceedings, filed a letter in this court dated September 27, 2000 enclosing certified copies of an information, judgment, and sentence of the crime of manslaughter in the first degree against Respondent, Noel Ancil Wyatt. Wyatt was a member in good standing of the Oklahoma Bar Association. By order dated January 16, 2001, we suspended Wyatt from the practice of law in the State of Oklahoma. We also called for a brief from Wyatt under the authority of Rule 7.4, Rules Governing Disciplinary Proceedings, to show cause why this Court should not impose a final order of discipline as a result of Wyatt's conviction. We gave the Oklahoma Bar Association leave to respond to Wyatt's brief.
Wyatt moved that the matter be remanded to the Professional Responsibility Tribunal, which motion the Bar resisted. On March 14, 2001 we entered an order remanding the matter for hearing. Following the hearing, the trial panel recommended that Wyatt be disbarred and ordered to pay the costs of the proceedings.
Wyatt was convicted of the crime of manslaughter in the first degree on July 10, 2000 in the District Court of Grady County and was sentenced to twenty years imprisonment, with ten years suspended. Wyatt's conviction and imprisonment arose out of an automobile accident that occurred on May 14, 1999. Wyatt, while driving under the influence of alcohol, crossed the center line of the road and struck an oncoming truck driven by Roy Lowe. Mr. Lowe died as the result of the collision. Wyatt is currently incarcerated in the Lawton Correctional Facility, Lawton, Oklahoma.
It is undisputed that Wyatt had no record of Bar disciplinary problems before this incident and is evidently well thought of by his law partners and his clients. On the other hand, Wyatt had an earlier drunk driving conviction in 1990 that led to the suspension of his driver's license and the imposition of a one-year deferred sentence. Wyatt resists the Bar's claim that he should be disbarred and suggests that a suspension of two-years and one day would be appropriate discipline.
DISCUSSION
Wyatt argues that this matter is distinguishable from our opinions in which we disbarred lawyers because of felony convictions involving intentional conduct that showed a lack of moral integrity. Wyatt cites as examples, State ex rel. Oklahoma Bar Association v. Flanery, 1993 OK 97, 863 P.2d 1146 (embezzlement
Page 1 2 Oklahoma DUI Attorneys
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