Supreme Court No. SB-11-0057-DSupreme Court of Arizona.
August 8, 2011.
Disciplinary Commission Nos. 09-2082, 09-2128, 10-0425, 10-0618.
JUDGMENT AND ORDER
REBECCA WHITE BERCH, Chief Justice.
On July 21, 2011, the Court granted sua sponte review to modify a term of probation in the parties’ agreement for discipline by consent. The Court found that the requirement of a positive “Fitness to Practice Independent Medical Evaluation” should be imposed as a condition of reinstatement rather than as a term of probation. On August 5, 2011, the parties filed a “Notice of Consent to Modification,” consenting to the Court’s modification.
IT IS ORDERED, ADJUDGED AND DECREED that TAJUDEEN O. OLADIRAN, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of six months, effective thirty days from the date of this Judgment and Order, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that as a condition of reinstatement,TAJUDEEN O. OLADIRAN will undergo a “Fitness to Practice Independent Medical Evaluation” and must be found fit to practice.
IT IS FURTHER ORDERED that TAJUDEEN O. OLADIRAN shall be placed on probation with the State Bar’s Member Assistance Program (“MAP”) for a period of two years. The terms of probation are as follows:
1. Respondent shall be placed on probation under the terms and conditions to be developed by MAP and Bar Counsel. Failure to sign the Terms and Conditions of Probation developed by the State Bar will result in the matter being referred to the Presiding Disciplinary Judge.
2. The probation will begin upon the filing of the Judgment and Order.
3. Respondent will meet with the State Bar’s Member Assistance Program Director, Hal Nevitt (“MAP Director”) within thirty daysPage 2
of the filing of the Judgment and Order to begin the development of the Terms and Conditions of Probation.
4. If the State Bar and the MAP Director determine that a physical or mental exam is necessary, Respondent agrees to be evaluated by a psychiatrist of the State Bar’s choosing. Based on an evaluation, additional terms and conditions of the probation may be established.
5. Respondent will be required to participate in drug tests on a regular basis to make sure he is taking any doctor prescribed medications.
6. In the event Respondent fails to comply with any of the terms of probation recommended by the Hearing Officer and approved by the Disciplinary Commission and Supreme Court, and the State Bar receives information about his failure, the State Bar shall report material violations of the terms of probation pursuant to Rule 60(a)(5), Rules of the Supreme Court, and a hearing may be held within thirty days to determine if the terms of probation have been violated and if an additional sanction should be imposed. The burden of proof shall be on the State Bar to prove non-compliance by a preponderance of the evidence.
IT IS FURTHER ORDERED that Respondent shall comply with all the provisions of Rule 72, Rules of the Supreme Court, including, but not limited to, Rule 72(a), which requires that Respondent notify all of his clients, within ten days from the date hereof, of his inability to represent them and that he should promptly inform this Court and the Disciplinary Clerk of his compliance with this Order as provided in Rule 72(e).
IT IS FURTHER ORDERED that Respondent shall comply with all rule provisions regarding reinstatement proceedings.
IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against TAJUDEEN O. OLADIRAN for costs and expenses of these proceedings in the amount of $1,432.66, together with interest at the legal rate from the date of this judgment.
DATED this ___ day of August, 2011.
_______________________________ REBECCA WHITE BERCH Chief Justice
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TO:
Tajudeen O. Oladiran Shauna R Miller H Jeffrey Coker Laura Hopkins Nancy Swetnam Sandra Montoya Don Lewis Beth Stephenson Mary Pieper Lexis Nexis
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