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299 P.3d 488
Okla.
2013
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Background

  • 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)
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Case Details

Case Name: State ex rel. Oklahoma Bar Ass'n v. Bednar
Court Name: Supreme Court of Oklahoma
Date Published: Apr 2, 2013
Citations: 299 P.3d 488; 2013 OK 22; SCBD No. 5927
Docket Number: SCBD No. 5927
Court Abbreviation: Okla.
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