In Re the Reinstatement of Holden

2003 OK 28, 66 P.3d 416, 2003 Okla. LEXIS 49, 2003 WL 1087696
CourtSupreme Court of Oklahoma
DecidedMarch 11, 2003
DocketSCBD 4739
StatusPublished
Cited by10 cases

This text of 2003 OK 28 (In Re the Reinstatement of Holden) 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 Holden, 2003 OK 28, 66 P.3d 416, 2003 Okla. LEXIS 49, 2003 WL 1087696 (Okla. 2003).

Opinion

BOUDREAU, J.

T1 Petitioner, Darril Lonnie Holden, Sr., was suspended from the practice of law for a period of two years and one day by this Court on July 17, 1996. State ex rel. Oklohoma Bar Assoc. v. Holden, 1996 OK 88, 925 P.2d 32. His name was stricken from the Roll of Attorneys on September 10, 1997. Petitioner now seeks reinstatement to membership in the Oklahoma Bar Association (Bar) and requests that his name be added to the Roll of Attorneys.

T2 After conducting a hearing, the Professional Responsibility Tribunal (PRT) unanimously recommended that Petitioner be granted reinstatement. The PRT found Petitioner met his burden of proof in showing he possessed good moral character, has not engaged in the unauthorized practice of law, and possesses the requisite learning to practice law. The Bar also recommends Petitioner be granted reinstatement.

I. FACTS

18 Petitioner was admitted to the Oklahoma Bar in 1983 and the Kansas Bar in 1990. He practiced in Oklahoma until March 21, 1995, when he was suspended for one year for advising a client to remove a child from Oklahoma in violation of a court order. *418 At the end of his suspension, the Bar objected to his reinstatement because he had failed to pay ordered costs. This Court ultimately dismissed the objection as moot after Petitioner paid the required costs. On July 16, 1996, Petitioner was again suspended from the practice of law, this time for two years and one day for the unauthorized practice of law while under a disciplinary suspension. Petitioner's name was stricken from the roll of attorneys on September 10, 1997, for failure to pay dues for the year 1996.

T4 Upon his suspension in 1996, Petitioner moved to Kansas and was briefly employed by his brother in a commercial flooring business. _ Petitioner - subsequently opened a law office where he represented his brother in business dealings until August of 1997. He closed his practice in Kansas after an investigator for the Kansas Bar advised him that he had failed to notify the Kansas Supreme Court of his Oklahoma suspension as required by Rules of the Supreme Court of Kansas. Petitioner returned to Oklahoma and has been employed as the Director of Support Services for Heartland Baptist Bible College since August of 1998. On July 9, 1999, the Supreme Court of Kansas indefinitely suspended Petitioner from the practice of law in Kansas for the following violations: (1) counseling a client to engage, or assisting a client, in conduct that the lawyer knows is criminal or fraudulent in violation of Kansas Rules of Professional Conduct (KRPC) 1.2(d); (2) engaging in conduct that is prejudicial to the administration of justice in violation of KRPC 8.4(d); (8) failing to serve an answer upon the Disciplinary Administrator within 20 days after service of a complaint in violation of Supreme Court Rule 211(b); and (4) failing to report to the Disciplinary Administrator his suspensions by the Oklahoma Supreme Court in violation of Supreme Court Rule 207(c).

II. STANDARD OF REVIEW

T5 In reinstatement proceedings this Court sits in exercise of its exclusive original jurisdiction and we use a de novo review of the record before us. Matter of Reinstatement of Kamins, 1988 OK. 32, ¶ 18, 752 P.2d 1125, 1129; Matter of Reinstate ment of McConmel, 1994 OK 107, ¶12, 886 P.2d 471, 473. Although the PRT's recommendations are afforded great weight, they are advisory only. Kamins, 752 P.2d at 1129.

III BURDEN OF PROOF AND FACTORS TO BE CONSIDERED IN REINSTATEMENT PROCEEDINGS

T6 An applicant for reinstatement must prove by clear and convincing evidence that "the applicant's conduct will conform to the high standards required of a member of the Bar." Rule 114, Rules Governing Disciplinary Proceedings (RGDP), Okla.Stat. tit, 5, ch. 1, app. 1-A (2001). "An applicant seeking such reinstatement will be required to present stronger proof of qualifications than one seeking admission for the first time." Id.

17 Rule 11.5 of the RGDP requires the PRT to make specific findings regarding (1) whether the petitioner possesses the good moral character which would entitle him to be admitted to the Bar, (2) whether the petitioner has engaged in the unauthorized practice of law during the period of suspension, and (8) whether the petitioner possesses the competency and learning in the law required for admission to practice law in the State of Oklahoma. The petitioner must also show by clear and convincing evidence each of the following factors: (1) the present moral fitness of the petitioner, (2) the demonstrated consciousness of the wrongful conduct and disrepute which the conduct has brought the profession, (8) the extent of petitioner's rehabilitation, (4) seriousness of the original misconduct, (5) conduct subsequent to discipline, (6) the time which has elapsed since the original discipline, (7) the petitioner's character, maturity and experience at the time of suspension, and (8) the petitioner's present competence in legal skills Kamins, 752 P.2d at 1130. ~

IV. PETITIONERS EVIDENCE

T8 The following evidence was presented by Petitioner to support a finding of rehabilitation and fitness for reinstatement. Four witnesses testified on behalf of Petitioner at the hearing before the PRT. Three attor *419 neys, Richard Anderson, James Cox, Robert Goldman, and Petitioner's supervisor at Heartland Baptist Bible College, Jeff Copes, all testified to Petitioner's good moral character. They attested to his religious nature, his ethical conduct and honesty. They further testified that Petitioner had not, to their knowledge, engaged in any activities that would constitute the practice of law in Oklahoma since his suspension in 1996.

19 Petitioner also testified in his own behalf. With respect to his one year suspension in 1995, Petitioner maintains he never advised a client to remove a child from Oklahoma in violation of a court order, although he states it is possible his client misunderstood his advice. Petitioner did acknowledge that his actions while under the 1995 suspension could constitute the practice of law. Petitioner stated that while under suspension he worked at his son's law office where, in addition to legal research and writing, he interviewed and dealt with clients. Petitioner testified that at the time he was unaware his actions were sufficient to constitute the practice of law. He now understands his actions were improper.

110 With regards to his Kansas suspension, Petitioner testified the suspension was in part a reciprocal discipline for his misconduct in Oklahoma and for new misconduct in Kansas. Petitioner acknowledged he violated Kansas Supreme Court rules when he failed to notify the Disciplinary Administration that he had been suspended in Oklahoma. Petitioner testified that after his 1996 suspension he received letters from each of the federal courts that he was admitted to which acknowledged receiving information on his suspension and which informed him that he was concurrently suspended in their courts. Petitioner believed the Kansas Bar would be notified in the same manner as the federal courts. Petitioner accepted full responsibility for failing to inform the Kansas Bar of his Oklahoma discipline.

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Bluebook (online)
2003 OK 28, 66 P.3d 416, 2003 Okla. LEXIS 49, 2003 WL 1087696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-reinstatement-of-holden-okla-2003.