STATE ex rel. OKLAHOMA BAR ASSOCIATION v. IJAMS
338 P.3d 639
| Okla. | 2014Background
- Respondent Clayton D. Ijams, Jr. was admitted to the Oklahoma Bar on Sept. 27, 2005.
- On Apr. 29, 2013, Ijams confronted his former spouse at her home, leading to a dispute over a bicycle and a superficial injury.
- Ijams fled when police arrived, led officers on a high‑speed chase, and was apprehended after resisting a canine unit.
- He pled to four misdemeanor counts in Tulsa County District Court (CF-2013-2067) on Jun. 30, 2014 and received sentences including a deferred term for eluding a police officer and a suspended sentence for DUI and other offenses.
- The Tulsa County Court Clerk sent certified judgment/sentences to the Supreme Court; an interim suspension was entered July 15, 2014.
- Ijams submitted mitigation materials and a brief on Aug. 14, 2014 requesting a discipline not longer than 18 months; Bar recommended an 18‑month suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suspension is appropriate given misconduct. | Bar: suspend for 18 months. | Ijams: deter‑mined by 18 months or less; mitigation present. | Suspension until Dec. 23, 2015, with costs. |
| Whether mitigation and treatment offset discipline. | Mitigation supports fair discipline but maintains substantial sanction. | Treatment and sobriety mitigate; remorse acknowledged. | Mitigation considered; suspension to end at Dec. 23, 2015. |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Doris, 1999 OK 94, 991 P.2d 1015 (OK 1999) (substance abuse as mitigating factor when cooperation and treatment occur)
- State ex rel. Okla. Bar Ass'n v. Cooley, 2013 OK 42, 304 P.3d 453 (OK 2013) (felonies; no mitigating explanation; emphasis on dishonesty and effect on justice)
- State ex rel. Okla. Bar Ass'n v. Bernhardt, 2014 OK 20, 323 P.3d 222 (OK 2014) (deferred suspension for nonpracticing attorney with long abstinence and no clients harmed)
- State ex rel. Oklahoma Bar Ass'n v. Burns, 2006 OK 75, 145 P.3d 1088 (OK 2006) (six months suspension; probation for two years; rehab emphasis)
- State ex rel. Oklahoma Bar Ass'n v. Rozin, 1991 OK 132, 824 P.2d 1127 (OK 1991) (case‑by‑case approach; deterrence and fairness in discipline)
