Attorney Suspended For Felon In Possession Plea

An immediate suspension has been ordered by the Oklahoma Supreme Court based on a complaint filed by the state Bar Association

 In support, the OBA presented a plea agreement filed in the U.S. District Court for the Eastern District of Oklahoma, Case No. CR-19-39-RAW, in which Respondent agreed to voluntarily plead guilty to Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g). The Respondent and the United States agreed to a sentence of 12 months and one day of imprisonment, although the formal sentencing has not occurred. In addition, Respondent agreed to contact the Oklahoma Bar Association regarding the plea agreement and plea of guilty and to withdraw his status as an active member of the Oklahoma Bar Association.

According to the Complaint, Respondent failed to contact the OBA within the following month. The OBA contacted Respondent who agreed to provide a comprehensive case list regarding the status of all of his pending cases. Since then, mailings to Respondent have been returned and phone messages and e-mails have received no response. The OBA states that it is unknown how many cases are pending in Oklahoma in which Respondent is currently serving as attorney of record. The OBA further states that Respondent has not updated his roster address, has vacated the premises of his law office, and does not have an IOLTA account pursuant to Rule 1.15 ORPC.

In the Complaint, the OBA reports that 4 grievances are currently pending in the General Counsel’s office of the OBA, each of which were filed by current clients of the Respondent involved in pending litigation and/or criminal matters. In each instance, Respondent has collected fees and been unresponsive to the complainant clients.

Muskogee Phoenix reported on the crime

A Tahlequah lawyer pleaded guilty Tuesday to a federal charge of possessing firearms after previously being convicted of a felony after striking an agreement that includes the dismissal of a related drug charge and the potential for a significant sentence reduction.

Haskell Doak Willis, a former assistant district attorney in Cherokee County, also was granted a second request for pretrial release so he can accommodate the needs of his clients and “wind down his law practice.” The plea deal requires that Willis, who was jailed in January after he violated conditions of his pretrial release, contact the Oklahoma Bar Association and request his professional license be placed on inactive status.

“And then the Oklahoma Bar Association will do whatever they might do,” Willis said when U.S. Magistrate Steven P. Shreder asked whether he understood the terms of the plea agreement. Willis acknowledged there was a possibility he could be disbarred as a result of pleading guilty to the federal firearms charge.

Willis was indicted Nov. 7 by a federal grand jury for allegedly possessing 24 firearms after being convicted of a felony. The indictment alleges — and Willis admitted during his testimony Tuesday — the firearms “had been shipped and transported in interstate commerce” and he knew they were items he was prohibited from possessing.

Law enforcers seized an assortment of handguns, rifles and shotguns and an unspecified amount of methamphetamine on Aug. 26, when they executed a search warrant. The firearms will be forfeited as part of the plea agreement, which includes a recommended sentence totaling one year plus a day, which would be suspended if the presiding judge accepts the plea agreement.

The firearms charge carries a maximum penalty of 10 years imprisonment with three years of supervision upon release and a fine up to $250,000. U.S. Assistant Attorney Shannon L. Henson said Willis would serve a sentence that ranged from 18 to 24 months if federal sentencing guidelines were followed, but a four-levels enhancement adding several months would be allowed due to the circumstances of Willis’ case. 

The plea agreement could remove the possibility of a longer sentence due to an enhancement of federal sentencing guidelines, but Shreder reminded Willis that any sentence rendered is the sole discretion of the sentencing judge. U.S. District Judge Ronald A. White will act in that capacity once a presentence investigation has been completed. 

Donn Baker, who represents Willis, was able to secure his client’s release before sentencing. Willis was jailed in January after he violated the conditions of his pretrial bond and release by not being available during a home visit by U.S. Pretrial Services Officer and then failing to report later within the prescribed period of time. 

Baker said Willis had several clients who needed their files and Willis’ legal services or help finding other lawyers to step in on his behalf. Baker said Willis also needs to take the time before his sentencing to wind down his practice.

Henson said the U.S. Attorney’s Office of the Eastern District of Oklahoma “normally wouldn’t agree” with Baker’s request given Willis’ recent violations that resulted with a revocation of his bond. 

Shreder also expressed reluctance about granting the request, saying his “inclination was to stand by my ruling.” He ultimately granted the request, noting his decision would serve the “good of the people” to whom Willis has some responsibility to serve, but cautioned him “to abide by the letter of these conditions.” 

Willis was encouraged to cooperate with the presentence investigation. No date was set for his sentencing hearing.

(MIke Frisch)