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State ex rel Oklahoma Bar Association v. Garrett12/13/2005
law practice. See Donnelly, 1992 OK 164, 848 P.2d 543, 548. There was, however, clear and convincing evidence that Garrett's actions after his arrest have shown a commitment to maintaining his sobriety through AA and LHL and to make amends to his victims. He wishes to continue practicing law, having moved to a new community. He has displayed an understanding of the seriousness of his actions and the misery he brought to his victims. He understands that he has brought discredit to the legal profession and shame and embarrassment to his family and the families of his victims. He understands this Court may accept or reject the stipulated proposed discipline, and he has agreed to accept whatever discipline this Court finds appropriate.
The stipulated conditions, set out at note 5, supra, to be met during a one-year probation are appropriate for encouraging a permanent change of life style for Garrett. His participation in AA and LHL will provide him with invaluable counsel from people with similar experiences. Indeed, the evidence shows he has expressed his remorse for his actions and his desire to live his life differently. He has taken responsibility publicly for his actions by admitting his alcohol addiction, accepting the allegations against him as fact, publicly apologizing and committing himself to in-patient treatment. He has also become involved with AA and the 12-step program, as well as LHL, meeting the terms of his voluntary contract with that program. He stated he intended to repay his debt to the Bar and legal profession by helping other lawyers who need the type of help he has received. He has met the terms of his criminal probation.
The recommendation of a one-year probation, with conditions, constitutes a worthy objective to allow Garrett to maintain his sobriety and his rehabilitation, while also continuing his practice of law. Compliance with these conditions will prove the depth of Garrett's sincerity for living a new life. If it appears that Garrett has failed to comply with the conditions, the LHL Program shall advise the Bar. Because we must consider the goal of protecting the public and instilling confidence in the legal profession, we adopt the recommendation of the Trial Panel and impose discipline of a public censure, one-year probation, subject to the conditions previously noted, and the payment of costs incurred in this proceeding in the stipulated amount of $1,251.62. The one-year probation shall begin on the date of this opinion. Garrett is also ordered to pay the costs of this proceeding within ninety (90) days of the date of this opinion.
PUBLICLY CENSURED; ONE-YEAR PROBATION WITH CONDITIONS; PAYMENT OF COSTS.
WATT, C.J., WINCHESTER, V.C.J., LAVENDER, KAUGER, EDMONDSON, COLBERT, JJ. - concur.
HARGRAVE, J. - concurs in part, dissents in part.
OPALA, J. - dissents.
TAYLOR, J. - dissents.
"I respectfully dissent. It is important to note that the record in this case shows that the felony sexual assault charges filed against Garrett were reduced to misdemeanor battery charges after he paid $50,000.00 to each of the victims. This case presents issues that strongly affect public confidence in our legal system. In order to effectively safeguard the interests of the public, the courts and the legal profession, he should be suspended from the practice of law for a lengthy period of time."
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