STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BERNHARDT

COMBS, J.,

Joined by WATT, J., TAYLOR, J., and GURICH, J., dissenting.

T 1 I dissent to the majority opinion.

T2 The majority places Respondent on a deferred suspension subject to certain probationary qules.1

T 3 Respondent has entered a plea of guilty to various alcohol-related felony and misdemeanor charges. He is subject to a deferred sentence until October 10, 2018, for two Oklahoma County felonies, Driving Under the Influence and Aggravated Attempting to Elude a Police Officer. He admits to being a binge drinker, and has had multiple alcohol-related contacts with law enforcement, not only in Oklahoma, but in Nebraska, as well.

4 Respondent admits he has no intention of practicing law, but wishes to maintain his license. Although Respondent has not practiced law in some time and indicates he has no intention of returning to the active practice of law, he continues to participate as a speaker at continuing legal education seminars in Wisconsin, New Mexico, Alaska, *230Ohio, Missouri, Nevada, California, and Indiana.

{5 We have previously stated that substance abuse is incompatible with the practice of law. State ex rel. Oklahoma Bar Association v. Giger, 2001 OK 96, 121, 37 P.3d 856, 864. The majority opinion will effectively allow Respondent, should he so chose, to practice law in the State of Oka-homa while he is subject to the requirements of his deferred felony sentence. Respondent has entered a plea of guilty to felonies and should not be allowed to practice law while his sentencing status remains in doubt. In short, being on felony probation is incompatible with the practice of law.

16 The goal in disciplinary proceedings is to protect the interests of the public and to preserve the integrity of the courts and the legal profession. State ex rel. Oklahoma Bar Ass'n v. Kinsey, 2009 OK 31, ¶ 15, 212 P.3d 1186, 1192. How do we protect the integrity of the legal profession when we allow felony probationers to continue practicing law?

T7 I would suspend Respondent for the balance of his probation in Oklahoma County. Should Respondent be successful in his felony deferred sentence and then desire to seek readmission, he could pursue that course of action under Rule 11.

. - Although this Court has previously entered "deferred" probation in the administration of discipline, I cannot condone such a resolution. If this court is going to impose any probationary term there must be significant supervision of the respondent to monitor compliance. The majority imposes three conditions of probation, 1) refrain from the use of alcohol, mind-altering substances or illegal drugs; 2) sign and maintain a contract with Lawyers Helping Lawyers and a required waiver of confidentiality permitting his sponsor at Lawyers Helping Lawyers to notify the General Counsel in the event of a violation of his terms of probation or deferred suspension; 3) maintain weekly contact with his mentor. There is no required random alcohol or drug testing. Nor is there any incorporation of the terms or conditions of his felony probation in Oklahoma County which at the bare minimum requires "supervision" by the District Attorney. See 22 ©.S.2011 991d. If probation conditions are to be imposed they must be subject to significant supervision in order to monitor the Respondent's complete compliance.