State ex rel. Oklahoma Bar Ass'n v. Reynolds
2012 OK 95
| Okla. | 2012Background
- The Oklahoma Bar Association filed a Rule 6 disciplinary proceeding against Jonna Reynolds for neglect, failure to keep clients informed, unearned fees, and conduct prejudicial to the administration of justice.
- Five counts allege: (I) Ruth Watkins paid $3,000 but Reynolds did no work and did not respond to grievances; (II) Kathy Ballard paid $250 and Reynolds again did not communicate or respond; (III) Rodger Cameron paid $100 and Reynolds ceased communications; (IV) Cecelia McDaniels paid $1,000 and $187.30 fees, Reynolds filed but did no further work and stopped responding; (V) Rodger Sutterfield paid $1,200, appeared in court on four dates but missed several hearings and ceased client communication.
- The respondent abandoned pending cases around October 2010 and had admitted depression, but the panel found no mitigating factors; the Bar cited multiple failures to respond to grievances and keep clients informed.
- The Trial Panel found violations of the Oklahoma Rules of Professional Conduct and the Rules Governing Disciplinary Proceedings in all five counts, and recommended suspension for two years and one day plus costs.
- This Court conducted de novo review, found clear and convincing violations, and suspended Reynolds for two years and one day, beginning June 20, 2011, with costs totaling $1,332.66 due within 90 days after finalization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Reynolds violated ORPC and RGDP in Counts I–V | Bar Association contends violations proven by clear and convincing evidence | Reynolds contends defenses (not detailed in opinion) | Yes, violations established in all five counts |
| Whether the discipline of two years and one day is warranted | Bar supports two years and one day suspension plus costs | No additional justification presented in sentiment beyond record | Two years and one day suspension warranted |
| Whether the assessed costs are proper and enforceable | Bar seeks costs of $1,882.66 | Reynolds did not object | Costs reduced to $1,332.66, payable within 90 days |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Whitebook, 242 P.3d 517 (OK, 2010) (suspension two years and one day; competent representation and communication failures)
- State ex rel. Oklahoma Bar Ass'n v. Beasley, 142 P.3d 410 (OK, 2006) (two years and one day suspension; multiple misconduct violations)
- State ex rel. Mothershed v., 66 P.3d 420 (OK, 2008) (public protection purpose of discipline; framework for sanctions)
- State ex rel. Oklahoma Bar Ass'n v. Haave, 290 P.3d 747 (OK, 2012) (discipline in similar conduct; discipline level considered)
- State ex rel. Oklahoma Bar Ass'n v. Corrales, 280 P.3d 968 (OK, 2012) (discipline considerations; personal incapacity context)
- State ex rel. Oklahoma Bar Ass'n v. Murdock, 236 P.3d 107 (OK, 2010) (discipline issues; prior cases cited for sanction range)
- State ex rel. Oklahoma Bar Ass'n v. Kelley, 48 P.3d 777 (OK, 2002) (diligence, communication, and grievance response)