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State ex rel Oklahoma Bar Association v. Giger11/13/2001
ssion of any illegal drug, and (4) remain unimpaired from the use of any legal substance, whether prescribed or not, that interferes with his ability to function as a lawyer.
If at any time during the two-year period of conditioned supervision the General Counsel of the Oklahoma Bar Association concludes that respondent has violated any of the terms of his supervision, the Bar may file an application with the original trial panel to impose discipline for that violation. Notice of the filing of the application shall be sent to the respondent by certified mail. The trial panel shall then schedule a hearing on the application and make a determination as to whether respondent has violated the terms of his supervision. If the trial panel determines that no violation has occurred, the period of conditioned supervision shall continue. If the trial panel finds a violation did occur, then a record of the proceedings sufficient for our de novo review together with a recommendation for an appropriate discipline shall be forwarded to this court.
VI. SUMMARY
The record in this case provides clear and convincing evidence that respondent engaged in numerous acts of misconduct in violation of the rules governing professional ethics. Over a considerable period of time and in the face of mounting evidence -- six arrests for drug-related crimes - respondent showed himself unable to engage in the kind of critical self-reflection that would have prevented his self-destructive behavior. He has failed competently and diligently to represent clients. He has shown contempt for the Bar and the court by his refusal to respond to disciplinary inquiries. Respondent needs time to reassess his personal and professional life. A year's suspension will afford him that opportunity while the conditioned supervision we impose today will protect the public and the profession from any further acts of misconduct by this practitioner.
RESPONDENT IS SUSPENDED FROM THE PRACTICE OF LAW FOR ONE YEAR AND PLACED UNDER CONDITIONED SUPERVISION FOR TWO YEARS, BOTH THE SUSPENSION AND SUPERVISION TO BEGIN ON THE DAY THIS OPINION BECOMES FINAL, AND HE IS DIRECTED TO PAY THE COSTS OF THIS PROCEEDING IN THE AMOUNT OF $1,167.50, WHICH SHALL BE DUE NOT LATER THAN NINETY DAYS AFTER THIS OPINION BECOMES FINAL.
WATT, V.C.J., and HODGES, LAVENDER, OPALA, KAUGER, SUMMERS, BOUDREAU and WINCHESTER, J.J., concur;
HARGRAVE, C.J., concurs in part and dissents part.
HARGRAVE, C.J., concurring in part and dissenting in part.
I dissent from the court's imposition of a one-year suspension. I would suspend respondent's license for two years and a day.
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