Relapse To Resignation

The Oklahoma Supreme Court has accepted an attorney’s resignation

Elsey is aware the OBA opened a grievance against him in the following matter:

DC: Grievance by General Counsel: On September 21, 2023, I was charged with Count I: Felony Driving a Motor Vehicle While Under the Influence of Alcohol and Count II: No Valid Driver’s License in Craig County, Case No. CF-2023-112. This is my sixth alcohol-related offense since my admission to the Oklahoma Bar Association. State ex rel. Okla. Bar Ass’n v. Elsey, 2019 OK 81, 455 P.3d 903.

Sadly, the court had recently found he had completed a deferred suspension for multiple alcohol-related driving offenses and declined to impose further supervision

Considering the totality of Elsey’s conduct since his last alcohol-related offense and the goals of discipline, we do not believe that the Trial Panel’s recommendation to extend Elsey’s conditional suspension is appropriate. This Court has now monitored Elsey’s behavior for over five years. We do not take lightly Elsey’s criminal history of driving a motor vehicle while intoxicated, which spans over two decades. We also admonish Elsey for his inadequate attempts in obtaining a timely alcohol test as requested by the OBA. But we recognize his efforts (especially during the COVID-19 pandemic) to bring his problems under control and reach his goal of sobriety. We have held that an attorney’s continued sobriety is the key to his rehabilitation. State ex rel. Okla. Bar Ass’n v. Rogers, 2006 OK 54, ¶ 21, 142 P.3d 428, 436. The Court cannot monitor Elsey indefinitely, and at some point, it becomes the attorney’s responsibility to maintain his sobriety and choose to be part of AA and LHL, obtain a sponsor, and abide by the ORPC. Id. If he does not do so and performs any future acts of misconduct, Elsey will face even harsher discipline from this Court.

(Mike Frisch)