STATE ex rel. OKLAHOMA BAR ASSOCIATION v. GIVENS
2014 OK 103
| Okla. | 2014Background
- Respondent Blake R. Givens, Oklahoma attorney, pled guilty to domestic assault and battery in the presence of a minor and disturbing the peace in Tulsa County; district court deferred sentencing for 18 months.
- While on probation for the first incident, Respondent was intoxicated and allegedly struck his son; the district court accelerated the deferred sentence and sentenced him to one year, suspended.
- Respondent notified the Oklahoma Bar Association of convictions and arrests; interim suspension ordered by the Court on July 15, 2014.
- Respondent filed a handwritten mitigation brief stating rehabilitation efforts and requesting reinstatement; the brief noted treatment and recovery steps, including DVIS, rehab, and sobriety.
- The Oklahoma Bar Association sought a final order and costs; the Court conducts a de novo review of misconduct and appropriate discipline; the record was deemed sufficient for review.
- The Court ultimately suspended Respondent for two years and one day and ordered payment of costs ($14.09).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent's conduct demonstrates unfitness to practice law | Givens' pattern of domestic abuse and intoxication shows unfitness | Givens offered mitigation but did not dispute misconduct | Yes, unfitness shown and immediate discipline warranted |
| What discipline is appropriate given unfitness | Two years plus a day is appropriate to protect the public | No substantial defense; seeks reinstatement after rehabilitation | Two years and one day suspension appropriate |
| Costs to be assessed for the disciplinary proceeding | Costs should be assessed to respondent | N/A | Costs awarded ($14.09) |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Zannotti, 2014 OK 25, 330 P.3d 11 (Okla. 2014) (two-year suspension appropriate for domestic abuse pattern)
- State ex rel. Oklahoma Bar Ass'n v. Soderstrom, 2013 OK 101, 321 P.3d 159 (Okla. 2013) (continued relapses adversely affect fitness; need sobriety period)
- State ex rel. Oklahoma Bar Ass'n v. Giger, 2001 OK 96, 37 P.3d 856 (Okla. 2001) (substance abuse incompatible with practicing law)