299 P.3d 488
Okla.2013Background
- OBA filed related to Respondent's resignation pending disciplinary in federal court and suspension from the Tenth Circuit.
- Rule 7.7 RGDP requires notifying the General Counsel within 20 days of a final order in another jurisdiction; failure grounds discipline.
- Respondent voluntarily resigned on May 1, 2012; disciplinary hearing was set for April 20, 2012.
- Tenth Circuit suspended Respondent for at least one year following the resignation.
- OBA’s investigations included multiple disciplinary findings in federal court, including witness intimidation, missing deadlines, and altering documents; sanctions preceded the federal suspension.
- An evidentiary hearing was held; the PRT recommended a minimum one-year suspension; ADHD was raised as mitigating factor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a one-year suspension warranted given multiple misconduct acts? | OBA asserts extensive violations warrant discipline. | Respondent argues mitigating factors diminish severity. | Yes; one-year suspension warranted. |
| Do ADHD-related factors mitigate disciplinary liability? | ADHD considered but does not excuse dishonesty. | ADHD may excuse some impulsivity. | ADHD not sufficient to excuse dishonesty; discipline upheld. |
| Should costs be awarded and Rule 9.1 procedures required? | Costs appropriate; notices to clients required. | Compliance with Rule 9.1 adequate. | Costs awarded; Respondent must comply with Rule 9.1. |
Key Cases Cited
- State ex rel. Oklahoma Bar Association v. Stewart, 71 P.3d 1 (Okla. 2003) (certifies prima facie evidence for misconduct in RGDP)
- State ex rel. Oklahoma Bar Association v. Hummel, 89 P.3d 1105 (Okla. 2004) (one-year suspension for misrepresentation and neglect)
- State ex rel. Oklahoma Bar Association v. Askins, 882 P.2d 1054 (Okla. 1993) (two-year suspension for false statements in court)
- State ex rel. Oklahoma Bar Association v. Peveto, 620 P.2d 392 (Okla. 1980) (one-year suspension for false statements in filings)
