Wednesday, May 20, 2015

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. OLIVER


Summary: Attorney Jeremy Daniel Oliver's license was previously suspended in Case No. 2015 OK 4 on a temporary basis in response to his no contest plea to charges of one count of Publishing, Distributing or Participating in Obscene Material, and one count of Possession of a Controlled Dangerous Substance. Oliver now resigns his license and cannot apply for readmission until five years from the effective date of the order accepting his resignation. 

In November, 2012, Oliver offered to provide legal fees at a discounted rate or for free in exchange for sexual favors from the client. Oliver solicited a nude photograph of the client and offered via text and telephone conversation to discount or waive legal fees in exchange for sexual favors. Meanwhile, the criminal charges filed against the client had been dismissed by the court. Oliver was aware of this but did not inform the client of the dismissal. In Garvin Count Case No. CF-2013-35 Oliver was originally charged with felony counts of 1) soliciting sexual conduct or communication with a minor by use of technology in violation of Title 21, Section 1040.13a of the Oklahoma Statutes; 2) publishing/distributing/participating of obscene material in violation of Title 21, Section 1040.8 of the Oklahoma Statutes; and 3) possession of a controlled dangerous substance in violation of Title 63, Section 2-402 of the Oklahoma Statutes. This case was later refiled in Garvin County Case No. CM-2015-11 as two misdemeanor counts: 1) publishing/distributing/participating of obscene material in violation of Title 21, Section 1040.8 of the Oklahoma Statutes; and 2) possession of a controlled dangerous substance in violation of Title 63, Section 2-402 of the Oklahoma Statutes. Oliver plead no contest to the misdemeanor counts and was sentenced in a plea agreement to one-year suspended sentence in each count to run consecutively with unsupervised conditions of probation including various fines and costs. 

Legal Issues: The Oklahoma Supreme Court is directly responsible for the accreditation of attorneys in the state of Oklahoma. This is accomplished through the Oklahoma Bar Association and its enforcement of the Oklahoma Rules for Professional Conduct for Attorneys ("ORPC").  If an attorney is alleged to have violated the ORPC, the Oklahoma Bar Association investigates as outlined in the Rules Governing Disciplinary Proceedings ("RGDP"). 

Because the change of status of an attorney from 'good standing' to 'not a licensed attorney' is of public significance, all attorney licensure matters are published, regardless of whether a novel legal question is involved.

When accused of actions that could result in discipline, an attorney has the option of offering to resign his license rather than proceed through the disciplinary process. (See, RGDP 8.1). When an attorney is allowed to resign in this manner, the attorney may not apply for readmission to the bar until five years have passed from the effective date of his resignation. An applicant for readmission who has been not been licensed for any period of time greater than two years must go through the formal readmission process, and thus show greater qualifications than would a first-time applicant. (See, RGDP 11.4).

Discussion: There is a real possibility that others were victimized by Oliver. Any persons who may have been victimized by the actions of Oliver should contact the Garvin County District Attorney's office.

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