In re Evinger

1981 OK 58, 629 P.2d 363, 1981 Okla. LEXIS 240
CourtSupreme Court of Oklahoma
DecidedJune 2, 1981
DocketS.C.B.D. No. 2624
StatusPublished
Cited by11 cases

This text of 1981 OK 58 (In re Evinger) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Evinger, 1981 OK 58, 629 P.2d 363, 1981 Okla. LEXIS 240 (Okla. 1981).

Opinion

DOOLIN, Justice:

The petitioner (Evinger) and his dealings with the respondent (Board) have a long history dating to July 1978, when he was granted a temporary license to practice law.

I — History

In the Fall of 1978 the Board, through powers granted it in Rule 11 of the Rules Governing Admission to Practice Law in the State of Oklahoma,1 conducted an investigation into Evinger’s qualifications to become a member of the State Bar. It determined that Evinger lacked the good moral character and due respect for the law mandated by Rule 1, and so recommended to this Court that his application for admission by examination be denied.2 Evinger demanded a hearing to challenge the Board’s recommendation, and the appellate process outlined in Rule 11 began in October of 1978.

The Board disqualified itself from said hearing, and this Court appointed a Special Board of Bar Examiners. That Special Board met for three days, during which Evinger was represented by counsel, and on March 7, 1979 issued its “Report and Recommendation” which recommended denial of Evinger’s application to practice law. Evinger appealed to this Court. The appeal was interrupted for proceedings involving Evinger’s application to proceed in forma pauperis;3 action by the Board to dismiss the appeal for filing out-of-time (denied); argument over whether Evinger or Board [365]*365should pay for the transcript (we determined the appellant had that duty).

The Board filed its “Statement of Action and Recommendation” on July 1, 1980 which was a summary of the evidence which led to the Board’s recommendation, and we set briefing times for the parties. Evinger’s second attorney withdrew as counsel on October 22nd, and his third attorney withdrew on February 24,1981. Ev-inger’s request for a third extension of time in which to brief was denied by this Court on February 9,1981, and cause was ordered submitted on Board’s Statement, with Ev-inger given until March 2, to reply. He did not reply.

II — Facts

The Board called 15 witnesses, including two assistant district attorneys, three private attorneys and 10 laymen. Upon conclusion of all evidence it held Evinger lacked the good moral character and due respect for the law required for admission to the Bar under Rule 1.

Testimony is best summarized by events, rather than by personages:

(1)Dog Incident: Evinger’s ex-wife testified he took her dog without her permission after they were divorced. When she paid him $200.00 for its return (the money was her idea), she said he demanded $300.00 more. This was observed and overheard by police surveillance, but Evinger denied the additional $300.00 request. Upon arrest growing from said incident, he assumed a “smirking” attitude toward the police and denied that he had received the $200.00 until they found the marked $200.00 hidden in his underpants. He was not remorseful or contrite, according to an assistant D. A. who witnessed the arrest and search. However, criminal charge of extortion was dismissed at preliminary hearing. A second charge involving the dog — knowingly concealing stolen property — was filed but dismissed on demurrer. At time of hearing the concealing charge a witness said Evinger asked her to keep the dog, and said Evinger “hoped” she wouldn’t remember all the “facts” when she testified at the trial. The Assistant D. A. testified, and the preliminary hearing judge wrote, to the Board regarding Evinger’s conduct. The prosecutor concluded, “I would question his moral character, and I do not think he has any respect whatsoever for our laws.” Evinger said he had his ex-wife’s consent to take the dog, but she denied such fact. In his application for registration as a law student, Evinger admitted the dog incident but said he was “set-up” by his former wife and an “overzealous” prosecutor. He claimed the prosecutor had a “personal grudge” against him, and said the prosecutor was later reprimanded by the D. A. for appearing in a custody hearing involving Evinger’s son. The prosecutor said he was subpoenaed and attended the hearing with the approval of his superior and denied a “personal grudge.”

(2) Theft of a Coat: Evinger’s same ex-wife testified that after a trip to a department store during their marriage, Evinger came out with a coat for his son, even though she knew he had no money and could not use his credit card. He gave her the impression he had stolen it. At a 1978 hearing it developed there were three versions of why Evinger stole the coat, and a bar examiner asked him which one was the true story.4 Evinger testified he didn’t have the coat on, but may have, but did not recall saying the incident was a youthful indiscretion. On his Application for Registration for Bar Examination, Evinger failed to note he pled guilty to a charge of Petty Larceny concerning the coat, but wrote instead that the case was dismissed. He later testified he had in fact pled guilty to the misdemeanor and was given a six month deferred sentence.

(3) Danner Van : His former roommate testified Evinger took his van without his permission after they were no longer room[366]*366mates, and that it was later recovered by police. He said he dismissed auto theft charges two hours after the arrest. Evinger said he had a key and borrowed his friend’s van for moving purposes for he thought the friend was out of town.

(4) Bankruptcy: On his application Ev-inger said he was discharged in bankruptcy of about $8,000.00 in debts. He claimed this was mistake because he had made arrangements with all but one of his creditors and that he never knew about Chapter XIII program. But the attorney who handled the bankruptcy testified Evinger’s liabilities exceeded $24,000.00 and that he fully advised him about the Chapter XIII proceedings. He further stated several lawsuits were pending against Evinger at the time, his salary was being garnished and that to his knowledge Evinger had made no arrangements with creditors to pay them.

(5) Embezzlement: Evinger’s former roommate for whom he worked testified Evinger pocketed cash receipts belonging to the company and obtained cash when making bank deposits. The company’s bookkeeper testified she reconstructed the records which indicated Evinger had pocketed cash receipts and had written unauthorized checks on the business account. Evinger said he was owed the money. Another former employer testified he discovered Evinger had pocketed cash receipts when his checks were returned marked insufficient funds. (Evinger denied the accusation). While Evinger was clerking for an attorney, a client testified Evinger gave her no part of an $80.00 child support payment he had collected from her former husband. Evinger admitted the charge. No formal charges were filed in any of the instances.

(6) Promissory Notes: The same former roommate testified Evinger coerced him to sign a $1,000.00 promissory note to prevent Evinger from selling his brother’s car. In another incident a former employer testified Evinger coerced him to sign a $835.00 promissory note or he would make it rough for employer in his (the employer’s) bankruptcy. Evinger denied coercion in both instances.

(7) Attorney Fee: Evinger clerked for an Oklahoma City Attorney. A child support client of the attorney testified she paid Evinger $75.00 in attorney’s fee which the attorney testified did not show up on his books.

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Cite This Page — Counsel Stack

Bluebook (online)
1981 OK 58, 629 P.2d 363, 1981 Okla. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-evinger-okla-1981.