In Re the Reinstatement of Hird

2001 OK 28, 21 P.3d 1043, 72 O.B.A.J. 845, 2001 Okla. LEXIS 29, 2001 WL 278258
CourtSupreme Court of Oklahoma
DecidedMarch 20, 2001
DocketSCBD 4397
StatusPublished
Cited by38 cases

This text of 2001 OK 28 (In Re the Reinstatement of Hird) 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 the Reinstatement of Hird, 2001 OK 28, 21 P.3d 1043, 72 O.B.A.J. 845, 2001 Okla. LEXIS 29, 2001 WL 278258 (Okla. 2001).

Opinions

HODGES, J.

T1 Petitioner Kenneth L. Hird (Hird) is seeking reinstatement to membership in the Oklahoma Bar Association (OBA) after resigning in 1992. The 1992 resignation was based on his guilty plea to felony charges for money laundering and bank fraud. The OBA opposes Hird's reinstatement. After conducting a hearing, the Professional Re[1044]*1044sponsibility Tribunal (PRT) reluctantly recommended that Hird be reinstated.

I. FACTS

T2 Hird was admitted to the practice of law in Oklahoma in 1980. After being admitted, Hird was in private practice for about three years, was general counsel for a corporation for about two years, and then returned to private practice. When he was about 30 years of age, Hird was employed by Caprock ° Savings and Loan (Caprock). At Caprock, he simultaneously held the titles of executive vice-president, general counsel, chief lending officer, and secretary of the board.

13 While Hird was employed at Caprock, the real estate market took a downward turn. In order to bolster the financial status of Caprock during this period, Hird became involved in a fraudulent scheme to make Caprock appear to be better capitalized than it actually was. Because of the scheme, Ca-prock's precarious financial situation was not apparent or easily discoverable causing the Federal Examiners to be misled about Ca-prock's financial condition. The loss to Ca-prock as a result of the scheme was in the tens of millions of dollars. When Caprock became insolvent, the Federal Savings and Loan Insurance Corporation made payments to Caprock's depositors of millions of dollars.

4 Hird admits that he personally profited about $260,000.00 through the transactions related to the fraudulent scheme. After he left Caprock and returned to private practice, Hird received $150,000.00 retainer from one of the other parties to the scheme. He did not perform any work for the party. In 1995, Hird filed for bankruptcy, and his debts were discharged in 1996.

T5 Prior to Caprock's collapse, Hird resigned from Caprock and returned to private practice. In April of 1991, an indictment was filed against Hird and several other defendants. In May of 1992, Hird pled guilty to one count of bank fraud and one count of money laundering. Based on Hird's cooperation he was sentenced to 45 months incarceration rather than the 68 to 78 months under the federal sentencing guidelines. Under the guidelines, Hird was subject to a fine ranging from $203,062.00 to $500,000.00. The fine and restitution were waived based on Hird's cooperation with the federal government.

1 6 In June 1992, Hird notified the OBA of his conviction and tendered his resignation. A few days later, Hird surrendered himself to the custody of the Federal Bureau of Prisons. On September 28, 1998, this Court approved Hird's resignation pending disciplinary proceedings. State ex rel. Oklahoma Bar Ass'n v. Hird, 1993 OK 120, 863 P.2d 1160.

17 During his incarceration, Hird volunteered as a tutor for Graduate Equivalence Degree (GED) classes and teaching Bible classes. In February of 1994, the United States Attorney filed a motion to reduce Hird's sentence by 17 months. As a result of the United States Attorney's motion being granted, Hird's sentence was further reduced to 27 months imprisonment. Hird was placed on three years probation which he successfully completed after serving 24% months incarceration.

18 After his release from prison, Hird returned to Tulsa and worked as a law clerk for his former law partner for about one year. Then he worked at Transvoc, Inc., an employment placement service for the developmentally disabled, where he became a program coordinator. Hird resigned from his job at Transvoc in anticipation of a state job. When the state job did not materialize, Hird registered with a temporary employment agency. He was placed with Oklahoma Fixture Company as a glass packer. In March 1997, Oklahoma Fixture Company offered Hird a permanent job as the human resource director,. Then in August of 1998, Hird was promoted to human resource director of the parent company.

T9 Hird admits his responsibility for the bank fraud and money laundering. His witnesses testified that he understands what he did was wrong and that he accepts responsibility for his actions. They also testified that Hird has been humbled by the consequences resulting from his actions.

110 According to the record, particularly the testimony of the witnesses, Hird has been a model citizen since his release from prison. He has been open about his convie[1045]*1045tion and incarceration with his employers and volunteer organizations. As trustee for the Carpenters and Millworkers Joint Apprenticeship Program, he is responsible for the oversight of funds and activities of the apprenticeship program. Hird has also been on the Board of Directors of Wright Christian Academy for the last five years and holds a leadership position in his church. Hird has not been arrested or cited for any violations of the law since his release from prison. Duane Walker, Executive Vice-President of Oklahoma Fixtures; - Jeff Brown, Administrator of Wright Christian Acaderay; Stephen Andrew, a lawyer who represents Oklahoma Fixture in labor relation matters; Richard Wright, a lawyer for whom Hird worked as a law clerk; and, by affidavit, Ronnie Line, Chairman and President of Oklahoma Fixture testified to Hird's trustworthiness, his honesty, his fairness, and the respect in which they hold him. All the witnesses testifying in his behalf think highly of Hird, even knowing of this conviction and believe that he should be readmitted to the practice of law.

1 11 At the time of Hird's resignation from the OBA, he did not have any clients and had not practiced law for a year. Hird did not file an affidavit within the twenty-day limit as required by rule 9.1 of the Rules Governing Disciplinary Proceedings stating that he had notified all his clients, listing the clients, and listing the courts and agencies before which he was admitted to practice. The affidavit was not filed until October 22, 1998, less than one month before Hird filed his petition for reinstatement on November 16, 1998.

II. PRT RECOMMENDATIONS

{12 The PRT recommended that Hird be readmitted to the practice of law. The PRT noted that Hird and his witnesses portrayed him at the time of the misconduct as a man who was young, made too much money too fast, and lost his sense of values. The PRT was concerned that the description of Hird's current good character and exemplary behavior were no different than the character and behavior that he exhibited before being convicted.

III, ANALYSIS

118 This Court's review of the record is de novo. State ex rel. Oklahoma Bar Ass'n v. Wilkins, 1995 OK 59, ¶ 12, 898 P.2d 147, 150. Even though this Court is not bound by the PRT's recommendations, they are noted.

1 14 Under rule 11.4 of the Rules Governing Disciplinary Proceeding, an applicant seeking reinstatement must show by clear- and-convincing evidence "the applicant's conduct will conform to the high standards required of a member of the Bar." The seriousness of and the cireumstances surrounding the original offense and restitution are factors in evaluating whether reinstatement is appropriate. Rule 114, Rules Governing Disciplinary Proceeding, Okla. Stat. tit. 5, ch. 1, app. 1-A (1991).

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Bluebook (online)
2001 OK 28, 21 P.3d 1043, 72 O.B.A.J. 845, 2001 Okla. LEXIS 29, 2001 WL 278258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-reinstatement-of-hird-okla-2001.