STATE ex rel. OKLAHOMA BAR ASSOCIATION v. IJAMS
2014 OK 93
| Okla. | 2014Background
- Respondent Clayton D. Ijams, Jr. admitted to Oklahoma Bar Association (OBA) in 2005.
- Interim suspension ordered by this Court on July 15, 2014, under RGDP Rule 7.
- Respondent pled guilty to four misdemeanor counts in Tulsa County Case CF-2013-2067 after an April 29, 2013 incident with his former spouse.
- Court summarized the four misdemeanor pleas: Eluding a Police Officer, DUI Alcohol, Defective Equipment, and Obstructing a Police Officer (K9).
- Disciplinary hearing held to determine final discipline; Bar recommended 18-month suspension; Respondent waived hearing and submitted mitigation evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does respondent’s misconduct warrant suspension under RGDP guidelines? | Bar asserts unfitness based on misdeeds; discipline required. | Ijams emphasizes mitigating factors and treatment; requests limited suspension. | Yes; suspension imposed until 12/23/2015. |
| Is mitigation (treatment, AA, cooperation) sufficient to reduce discipline? | Mitigation partially supports leniency. | Mitigation evidence warrants consideration and fair discipline. | Mitigation considered; suspension length remains 18 months ending 12/23/2015. |
| Is an 18-month suspension the appropriate discipline given similar cases? | Consistent with precedent for similar misconduct. | Respondent’s rehabilitation supports leniency. | Court adopts 18-month suspension and end date of 12/23/2015. |
| Should respondent pay costs of the disciplinary proceeding? | Costs should be reimbursed to Bar. | Mitigations do not excuse costs. | Respondent must pay costs of $7.61 within 90 days. |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Doris, 1999 OK 94 (OK 1999) (substance abuse as mitigating factor when cooperating with treatment)
- State ex rel. Oklahoma Bar Association v. Cooley, 2013 OK 42, 304 P.3d 453 (OK 2013) (felony dishonesty; no mitigating information; emphasis on public trust)
- State ex rel. Oklahoma Bar Ass'n v. Bernhardt, 2014 OK 20, 323 P.3d 222 (OK 2014) (deferred suspension; non-practicing attorney; long abstinence period)
- State ex rel. Oklahoma Bar Ass'n v. Burns, 2006 OK 75, 145 P.3d 1088 (OK 2006) (suspension and probation for DUI-related conduct; rehabilitation considered)
- State ex rel. Okla. Bar Ass'n v. Rozin, 1991 OK 132, 824 P.2d 1127 (OK 1991) (case-by-case discipline; deterrent effect)