Undiagnosed Medical Condition Affects Sanction

The Oklahoma Supreme Court has ordered a one-year suspension with credit for time served on interim suspension, which in effect reinstates the attorney to practice as the interim suspension was imposed on June 19, 2023

 On July 12, 2022, the police received multiple calls regarding Respondent that included a larceny from one home, erratic driving through a business warehouse in an industrial park, striking one pedestrian, with a continued police pursuit through a busy Wal-Mart parking lot and ultimately a high-speed chase involving 15 police officers. The police were in their official vehicles using the red sirens and lights to direct Respondent to stop. Respondent did not voluntarily stop. This pursuit ended when multiple officers used their vehicles to block Respondent and cause her to crash into their vehicles which terminated the chase. Respondent was taken into police custody and transported to the hospital for evaluation and treatment. She was treated and released. It is undisputed there was no evidence of any substance use by Respondent associated with this event. After medical clearance, she was transported to the local jail where she was booked and remained for two days. She was taken to a local hospital and examined, treated and released. The lab tests conducted did not reveal any alcohol or illicit drugs in her system. There were seven different collision case numbers associated with these events. There were also numerous individuals injured and there was associated property damage.

Respondent pled guilty to one of three charged offenses

Count One charged Jordan, an Indian driver of a motor vehicle with willfully attempting to elude a police officer and endangering another person after receiving a red light and siren from the officer's vehicle, in violation of 18 U.S.C. §§ 1151, 1152, and 13; and 21 O.S. § 540A (a) and (b)...

Prior to the conduct

Several days before Respondent's erratic behavior, she had an unexplained loss of consciousness where she fell at home and was found unconscious and bleeding from the head. Respondent was also experiencing unusual smells and tastes, she was unable to think and process for her work as a government attorney, and even failed to show up for work. Later she was diagnosed with a medical condition, temporal lobe epilepsy. The record reflects this condition is now controlled with medication management. The Trial Panel noted that neither the Respondent nor the Bar put on expert testimony that would explain Respondent's conduct on July 12. The Panel relied on medical reports submitted by Respondent from two medical providers, but they concluded there was not a strong nexus connecting Respondent's behavior to a clear medical issue. We disagree. The medical reports from Respondent's treating neurologist provide a strong nexus as discussed below.

Respondent's record of achievement

The Trial Panel noted that Respondent had an "unblemished record of achievement" prior to the events of July 12, 2022. Respondent volunteered for Teach America program for two years after completing undergraduate studies. She then attended law school and became a licensed Oklahoma attorney in 2013. Following licensure, Respondent worked for two years with a respected Oklahoma City firm and held positions with the Cherokee Nation, an Assistant United States Attorney, and in April 2022 began working as an Assistant Solicitor General and a Tribal Liaison for the office of the Oklahoma Attorney General. In 2021 she was the recipient of the Executive Office for United States Attorneys Director's Award for Superior Service in Indian County. In addition, Respondent held a position as an adjunct professor at a respected Oklahoma law school.

As indicated, the court found a connection between her medical issues and the conduct at issue.

Sanction

A lawyer may be disciplined for "professional misconduct" as defined in the Rules of Professional Conduct. It is considered "misconduct" when a lawyer commits "a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects." Although Respondent pled guilty, we also consider as mitigating evidence that the federal court imposed a misdemeanor sentence of 1 year probation, $1,000 fine, and restitution of $25.06.

The Bar noted that Respondent's crime, conviction, and sentence were widely reported by local, state, and national media outlets by print, television, and internet stories. Respondent was identified as an Oklahoma attorney employed with the Oklahoma Attorney General's office. The Bar described her actions as reckless, dangerous, and harmed the image of the profession. Respondent admitted to driving in a reckless manner, and that her actions were willful and intentional. The Trial Panel, and all parties agree on the term of Respondent's discipline. We are faced with a lawyer with an excellent professional record prior to this July 12 event. The evidence demonstrates that these events were precipitated by an undiagnosed seizure condition. This condition was not diagnosed or treated until after Respondent's arrest and is now under control and managed. The evidence supports the recommended discipline and furthers this Court's aim in protecting the public and promotes confidence in the public.

(Mike Frisch)