Wednesday, January 13, 2010

No Need For Complete Record

The Oklahoma Supreme Court accepted the resignation of an attorney who was subject to disciplinary charges as a result of a conviction for possession of obscene material. The court described the procedural posture of the matter at the time of the proferred resignation:

On December 10, 2008, the Oklahoma Bar Association (Bar Association), notified the Office of the Chief Justice that the respondent...(lawyer/respondent), had pled guilty to possession of obscene material in Texas and had been given a four year deferred sentence. On August 21, 2008, the Board of Disciplinary Appeals appointed by the Supreme Court of Texas (Board), issued a judgment of suspension which suspended the respondent during the term of his deferred adjudication (until April 23, 2010).

On March 30, 2009, the Court referred to the Professional Responsibility Commission to initiate and conduct disciplinary proceedings immediately to develop a complete, non-piecemeal record examining the circumstances giving rise to the criminal charges including the respondent's involvement/knowledge regarding the child molestation incident and the facts surrounding it which may or may not demonstrate an unfitness to practice law. 

 On September 12, 2009, the Oklahoma Bar Association filed a complaint which was independent of the reciprocal discipline imposed by Texas. The matters were consolidated under one surviving case number on October 20, 2009. On December 22, 2009, the Respondent voluntarily resigned from the Oklahoma Bar Association, and the Association filed an application for approval of resignation.

The court noted that resignation is tantamount to disbarment. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/01/the-oklahoma-supreme-court-accepted-the-resignation-of-an-attorney-who-was-subject-to-disciplinary-charges-as-a-result-of-a-c.html

Bar Discipline & Process | Permalink

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