350 P.3d 146
Okla.2015Background
- The Oklahoma Bar Association (OBA) brought two consolidated disciplinary proceedings against attorney Jeremy Daniel Oliver: a Rule 6 complaint alleging professional-misconduct violations and a Rule 7 proceeding based on a Notice of Misdemeanor Plea of No Contest and Conviction.
- Allegations (admitted in Oliver’s second affidavit): during representation of a client (late 2012) Oliver made unwelcome sexual contact, solicited nude images (including propositions referencing client’s teenage daughters), offered legal services in exchange for sexual favors, and failed to notify the client when her criminal case was dismissed.
- A Garvin County investigation led to criminal charges originally including solicitation involving minors, obscene material, and possession of a controlled substance; charges were later refiled and resolved by Oliver’s no-contest pleas to two misdemeanor counts (obscene material and possession) on January 7, 2015.
- The Court entered an interim suspension under RGDP Rule 7.3. Oliver first filed an incomplete resignation affidavit (omitting Rule 6 allegations); he thereafter filed a second, comprehensive affidavit requesting resignation pending discipline.
- The Court found the admitted facts established violations of ORPC Rules 1.8(j) and 8.4(a),(b),(c), RGDP Rule 1.3, and Oliver’s oath; it accepted his resignation, struck his name from the roll, imposed a five‑year bar on seeking reinstatement, and assessed costs of $267.47.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent’s resignation pending discipline complied with RGDP Rule 8.1 | OBA argued resignation should be approved because respondent admitted the Rule 6 allegations and criminal convictions showing unfitness | Oliver submitted a second affidavit that incorporated the Rule 6 complaint and acknowledged consequences, seeking approval of resignation | Court held second affidavit complied with RGDP Rule 8.1 and accepted the resignation |
| Whether the admitted conduct violated the Rules of Professional Conduct | OBA alleged violations of ORPC 1.8(j) and 8.4(a),(b),(c) and RGDP Rule 1.3 and respondent’s oath | Oliver waived contest by admitting allegations in affidavit and pleading no contest to misdemeanors | Court found the admitted facts established violations of ORPC 1.8(j) and 8.4(a),(b),(c), RGDP 1.3, and oath breaches |
| Whether criminal convictions demonstrate unfitness to practice | OBA asserted the no-contest pleas and convictions reflect unfitness per RGDP Rule 7.1 | Oliver acknowledged convictions and waived right to contest or show cause | Court agreed convictions demonstrated unfitness and that respondent waived contest rights |
| Sanctions and conditions for reinstatement | OBA requested acceptance of resignation, costs, and conditions for any future reinstatement | Oliver agreed to costs and to a five-year minimum bar on reinstatement as part of the resignation terms | Court struck respondent from roll, assessed $267.47 costs, barred reinstatement for five years and required compliance with RGDP reinstatement provisions |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Bouley, 932 P.2d 1115 (1997) (discusses Rule 8.1 resignation procedure and court acceptance standards)