STATE ex rel. OKLAHOMA BAR ASSOCIATION v. GIVENS
2014 OK 103
| Okla. | 2014Background
- Respondent Blake Givens pled guilty to domestic assault and battery in the presence of a minor and disturbing the peace in Tulsa County, with deferred sentencing and participation in Batter's Intervention Program.
- While on probation, Respondent was arrested for disturbing the peace after allegedly striking his son; the district court accelerated the prior deferred sentence, resulting in a second judgment and sentence.
- Respondent notified the Oklahoma Bar Association of his convictions and arrest; the Bar filed certified copies with the Supreme Court, leading to an interim suspension.
- Respondent requested mitigating consideration; the Bar responded in opposition to reinstatement, recommending a two-year, one-day suspension and costs.
- The Court conducted de novo review in a summary disciplinary proceeding to determine unfitness and appropriate discipline, considering Respondent's conduct, alcohol abuse, and rule violations.
- The Court ultimately suspended Respondent from the practice of law for two years and one day and ordered payment of costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction shows unfitness to practice law | Givens’s violent criminal conduct shows unfitness | Givens claims some rehabilitation and readiness to resume practice | Yes, unfitness shown |
| Whether a two years and one day suspension is appropriate | Zannotti supports at least two years | Respondent argues for less severity given steps taken | Two years and one day suspension warranted |
| Whether ongoing substance abuse undermines fitness to practice | Relapses indicate ongoing risk | Respondent asserts recovery efforts and sobriety | Suspension lengthened due to continued relapses and pattern of abuse |
| Whether Respondent's conduct with firm letterhead and filing practices justify disciplinary measures | Using suspended status and misrepresenting status harms the public | Respondent complied with orders; minor procedural flaws | Misconduct supported discipline; concern for public trust under Rule 7.5 and related rules |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Zannotti, 2014 OK 25 (Okla. 2014) (pattern of domestic abuse justifies serious discipline)
- State ex rel. Oklahoma Bar Ass'n v. Soderstrom, 2013 OK 101 (Okla. 2013) (continued relapses adversely impact fitness to practice law)
- State ex rel. Oklahoma Bar Ass'n v. Giger, 2001 OK 96 (Okla. 2001) (substance abuse incompatibility with practice of law)
- State ex rel. Oklahoma Bar Ass'n v. Cooley, 2013 OK 42 (Okla. 2013) (de novo review of misconduct and discipline in bar cases)
- State ex rel. Oklahoma Bar Ass'n v. Beasley, 2006 OK 49 (Okla. 2006) (discipline appropriate to protect public and bar integrity)