On Tuesday, March 7, 2023, the Supreme Court of the State of Oklahoma suspended attorney Phillip John Shyers due to possession of narcotics.

The case is entitled “Oklahoma Bar Association v. Phillip John Shyers” with case no. SCBD 7212.

On February 22, 2022, it was stated that the matter arose upon the respondent’s guilty pleas for a misdemeanor. Allegedly, the respondent drove a motor vehicle under the influence of drugs, he possessed a controlled substance, and he was caught in possession of drug paraphernalia.

The filing states:

“On December 17th, 2020, Respondent was driving through Noble County in the City of Perry, Oklahoma when he became sick and had to pull over his vehicle on the side of the road. Someone witnessed that he was in distress and called the police department. Respondent had injected Suboxone and did not know how it would affect his ability to drive a vehicle. Once the police officer arrived, he banged on the Respondent’s window while he was parked rolling a marijuana cigarette. The Respondent failed the sobriety tests. The officer found cocaine inside his vehicle. He was arrested for driving under the influence of drugs, possessed a small amount of cocaine and marijuana, and had a pipe used for smoking illicit substances in his vehicle.”

On October 25, 2022, the Oklahoma Bar Association requested before the court the imposition of final discipline against the respondent. It claimed that even though the respondent’s charges do not involve dishonesty or fraud, it involves substance abuse issues.  And the fact that the respondent seems not to be addressing the said issues is concerning. Thus, discipline is warranted and must be imposed accordingly.

The filing continues:

“Respondent does not address whether he continued counseling or treatment past 2021 or whether he is involved in any substance abuse programs at this time. Since Respondent does not state that he is presently in any of these groups, the assumption would have to be that Respondent is not receiving treatment or support for his substance abuse problems.”

The court in response stated that in addressing attorney’s discipline for misconduct involving the possession of illicit drugs in a handful of cases, it has imposed discipline ranging from public censure to suspension for two years and one day. The court also emphasized that there is very little evidence that Mr. Shyers took the responsibility for the crimes he committed or that he took positive actions to treat his drug use. Further, there is no existing evidence that the respondent is currently taking any action to rehabilitate himself despite the court giving him ample time to produce that information. In consideration of all the documentary evidence and factual allegations, the court decided to suspend the respondent.

The Disposition states:

“The respondent is suspended conditioned upon the successful completion of his deferred sentence on January 27, 2024, including meeting the financial obligations and other requirements of his probation.”

Mr. Shyers practices in Tulsa County, Oklahoma, He is licensed in Oklahoma. His info can be found on legaldictionaries.com.

A copy of the original filing can be found here.