In Re Reinstatement of Rhoads

2005 OK 53, 116 P.3d 187, 76 O.B.A.J. 1513, 2005 Okla. LEXIS 53, 2005 WL 1515105
CourtSupreme Court of Oklahoma
DecidedJune 28, 2005
DocketSCBD 4975
StatusPublished
Cited by17 cases

This text of 2005 OK 53 (In Re Reinstatement of Rhoads) 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 Reinstatement of Rhoads, 2005 OK 53, 116 P.3d 187, 76 O.B.A.J. 1513, 2005 Okla. LEXIS 53, 2005 WL 1515105 (Okla. 2005).

Opinion

WINCHESTER, V.C.J.

¶ 1 Petitioner sought reinstatement to The Oklahoma Bar Association and to the Roll of Attorneys pursuant to Rule 11, (Reinstatement), Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2001, Ch. 1, App. 1-A. The Trial Panel of the Professional Responsibility Tribunal recommended granting petitioner’s reinstatement request, and the assessment of costs of this proceeding. After de novo review, we grant reinstatement.

STANDARD OF REVIEW

¶ 2 This Court has exclusive original jurisdiction over Bar disciplinary matters. State ex rel. Okl. Bar Ass’n. v. Donnelly, 1992 OK 164, ¶ 11, 848 P.2d 543, 545. Our standard of review is de novo. State ex rel. Okl. Bar Ass’n. v. Lloyd, 1990 OK 14, ¶ 8, 787 P.2d 855, 858. Recommendations of the Professional Responsibility Tribunal trial panel are merely advisory. Matter of Reinstatement of Kamins, 1988 OK 32, ¶ 18, 752 P.2d 1125, 1129. We are not bound by the trial authority’s findings nor its assessments as to weight or credibility of the evidence. State ex rel. Okl. Bar Ass’n. v. Raskin, 1982 OK 39, ¶ 11, 642 P.2d 262, 265. Indeed, a thorough and complete exploration of all relevant facts is mandatory in our de novo consideration of matters to regulate the practice of law and legal practitioners. Tweedy v. Okl. Bar Ass’n., 1981 OK 12, ¶ 4, 624 P.2d 1049, 1052. At the outset, we hold the record is adequate for this Court’s de novo *189 consideration of all essential facts, and for crafting the appropriate decision.

¶ 3 Rule 10, Suspension for Personal Incapacity to Practice Law, codified at 6 O.S.2001, Ch. 1, App. 1-A Rule 10.1 provides in pertinent part:

“The term ‘personally incapable of practicing law” shall include:

(a) Suffering from mental or physical illness of such character as to render the person afflicted incapable of managing himself, his affairs or the affairs of others with the integrity and competence requisite for the proper practice of law ...”

Petitioner herein bears the heavy burden of showing, by clear and convincing evidence, that reinstatement is warranted. Matter of Reinstatement of Page, 2004 OK 49, ¶ 2, 94 P.3d 80, 81. The instant case concerns an individual whom this Court has suspended from the practice of law for a period of longer than two (2) years, based upon his personal incapacity to practice law. As such, the applicant must present stronger proof of qualifications than one seeking admission to the OB A for the first time. Rule 11.4 (Standard of Proof for Petitions for Reinstatement), RGDP. We consider eight factors, in determining fitness for reinstatement. Matter of Reinstatement of Gassaway, 2002 OK 48, ¶ 3, 48 P.3d 805, 806. These factors are: 1) applicant’s present moral fitness; 2)appli-eant’s demonstrated consciousness of conduct’s wrongfulness and the disrepute said conduct brought upon the legal profession; 3) extent of rehabilitation of applicant; 4) seriousness of the original misconduct; 5) applicant’s conduct after suspension; 6) time elapsed since suspension; 7) applicant’s character, maturity and experience at time of suspension; and 8) applicant’s present legal competence. Matter of Reinstatement of Gassaway, 2002 OK 48, ¶ 3, 48 P.3d 805, 806; Matter of Reinstatement of Kamins, 1988 OK 32, ¶ 20, 752 P.2d 1125, 1130. In our analysis of Petitioner’s request for reinstatement, we must give foremost consideration to protecting the public welfare, and must determine that reinstatement would not adversely affect the Bar. Matter of Reinstatement of Cantrell, 1989 OK 165, ¶ 2, 785 P.2d 312, 313.

Evidence and Analysis

¶ 4 The facts that underlie Petitioner’s suspension are undisputed, and are as follows. On August 5, 1998, Petitioner pointed and fired a shotgun while in the Van Hoozer Body Shop in Lawton, Oklahoma. Subsequently, Petitioner pled nolo contendré to a charge of Feloniously Pointing a Weapon. He paid the fine, made restitution for damages in the amount of $2,500.00 and completed all conditions of his five-year deferred sentence. On February 8, 1999, pursuant to a Rule 10 proceeding, we determined Petitioner was incapable of practicing law and suspended his license until further order of the Court. Petitioner’s suspension was attributable to his mental incapacity. He was confined to Eastern State Hospital pursuant to an “Order for Examination and Observation” entered August 17,1998, in the criminal proceeding. The hospital’s initial report, dated August 27, 1998, stated that Petitioner suffered from a mental illness as defined in 43 O.S.Supp.1998, § 1-103. The report attributed the death of Petitioner’s father as a contributing stressor to his behavior and concluded that if he were released without treatment, therapy or training he probably would pose a significant threat to his life and safety, as well as to the life and safety of others. Accordingly, an Order of Commitment was entered on October 2, 1998, to provide Petitioner treatment and therapy that would restore his competency. On October 28, 1998, a hospital psychologist advised the court that Petitioner’s mood disorder appeared to be “successfully modulated with the administration of the present medications,” thereby removing any threat to Petitioner’s or others’ life and safety.

¶ 5 In 2000, Petitioner filed for reinstatement. At the hearing, Douglas O. Brady, Ph.D., a clinical and consulting psychologist, testified Petitioner suffered from bipolar disorder, that was controllable through medication. He concluded that Petitioner was fit to practice law if he stayed on medication, continued to monitor blood levels and attended therapy. We denied the petition.

¶ 6 Since then, the record reflects that Petitioner has worked as a telemarketer and *190 a technician in a Lawton group home for adolescent boys. Currently, Petitioner is employed as a courier for the Oklahoma Blood Institute in Lawton, Oklahoma.

¶ 7 We again will consider the eight factors articulated in Matter of Reinstatement of Gassaway, 2002 OK 48, ¶ 3, 48 P.3d 805, 806, and Matter of Reinstatement of Kamins, 1988 OK 32, ¶ 20, 752 P.2d 1125, 1130, to determine Petitioner’s fitness for reinstatement.

¶ 8 The first factor, Petitioner’s present moral fitness, is no longer a matter of concern. The record supports a conclusion that Petitioner has not practiced law since 1998, and that his mental capacity has been restored. The testimony of Petitioner’s treating doctor, Jenny L. Boyer, M.D., J.D., and of John A. Call, Ph.D., J.D., (both of whom were called by the OBA,) supports the statements and conclusions of Dr. Brady in 2000. Dr. Boyer testified Petitioner’s behavior that resulted in his suspension was the result of his bipolar disorder and was triggered by his father’s illness and subsequent death. She stated Petitioner took his medications consistently and that it was her opinion he would continue to do so. As long as Petitioner takes his medications, he does not present a danger to himself or the public. Dr. Call’s testimony included the same observations and conclusions as Dr. Boyer’s.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

IN THE MATTER OF THE REINSTATEMENT OF HUTSON
2019 OK 32 (Supreme Court of Oklahoma, 2019)
IN RE MATTER OF THE REINSTATEMENT OF TUNELL
2018 OK 82 (Supreme Court of Oklahoma, 2018)
In re Reinstatement of Kerr
2015 OK 9 (Supreme Court of Oklahoma, 2015)
IN THE MATTER OF THE REINSTATEMENT OF KERR
2015 OK 9 (Supreme Court of Oklahoma, 2015)
In re the Reinstatement of Golden
2013 OK 96 (Supreme Court of Oklahoma, 2013)
State Ex Rel. Oklahoma Bar Ass'n v. Townsend
2012 OK 44 (Supreme Court of Oklahoma, 2012)
In Re the Reinstatement of Munson
2010 OK 27 (Supreme Court of Oklahoma, 2010)
In Re the Reinstatement of Mumina
2009 OK 76 (Supreme Court of Oklahoma, 2009)
In Re Reinstatement of Pacenza
2009 OK 9 (Supreme Court of Oklahoma, 2009)
In Re the Reinstatement of Pate
2008 OK 24 (Supreme Court of Oklahoma, 2008)
State Ex Rel. Oklahoma Bar Ass'n v. Albert
2007 OK 31 (Supreme Court of Oklahoma, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2005 OK 53, 116 P.3d 187, 76 O.B.A.J. 1513, 2005 Okla. LEXIS 53, 2005 WL 1515105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-reinstatement-of-rhoads-okla-2005.