In Re the Reinstatement of Pate

2008 OK 24, 184 P.3d 528, 2008 Okla. LEXIS 23, 2008 WL 725768
CourtSupreme Court of Oklahoma
DecidedMarch 18, 2008
DocketSCBD 5275
StatusPublished
Cited by32 cases

This text of 2008 OK 24 (In Re the Reinstatement of Pate) 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 Pate, 2008 OK 24, 184 P.3d 528, 2008 Okla. LEXIS 23, 2008 WL 725768 (Okla. 2008).

Opinions

EDMONDSON, V.C.J.

¶ 1 Applicant, W.E. Pat Pate II was admitted to the Oklahoma Bar Association in 1991. On April 30, 1999, Mr. Pate submitted his resignation pending disciplinary proceedings to this Court and his name was stricken from the Roll of Attorneys by order of this Court on May 11, 1999, in State of Oklahoma ex rel. Oklahoma Bar Ass'n. v. Pate, 1999 OK 42, 983 P.2d 1015.

¶ 2 This is Mr. Pate's first attempt at reinstatement. He filed his petition for reinstatement to membership in the Oklahoma Bar Association and the practice of law pursuant to Rule 11.1 of the Rules Governing Disciplinary Proceedings, 5 0.8.2001, Ch. 1, App. 1-A, (RGDP), and a hearing on his application was had before a three-member Trial Panel of the Professional Responsibility Tribunal. The Panel concluded Mr. Pate had presented sufficient evidence in support of his application to meet his burden of proof [530]*530and had satisfied all requirements for reinstatement. The panel unanimously recommended his petition should be granted subject to specific mandatory conditions upon Mr. Pate. The Oklahoma Bar Association presented no witnesses against Mr. Pate and urges us to grant his petition.

¶ 3 In bar reinstatement proceedings, as in other disciplinary matters concerning the licensing of attorneys, the Supreme Court exercises its original and exclusive jurisdiction by applying a de movo standard of review. Matter of Reinstatement of Page, 2004 OK 49, 94 P.3d 80, 81. Because the ultimate decision regarding reinstatement rests with this Court, the recommendations of the trial panel, while entitled to great weight, are merely advisory in nature. Matter of Reinstatement of Meek, 2006 OK 14, 130 P.3d 255; Matter of Reinstatement of Kamins, 1988 OK 32, 752 P.2d 1125, 1129.

¶ 4 The burden placed on an applicant seeking reinstatement to the practice of law is a heavy one and it is the same whether applicant was disbarred or resigned from the bar pending disciplinary proceedings. Matter of Reinstatement of Hardin, 1996 OK 115, 927 P.2d 545, 546. Reinstatement is not automatically granted on evidence, even if undisputed, showing the applicant has engaged in only proper conduct during suspension; an applicant must affirmatively establish that if reinstated his or her conduct will conform to the high standards required of a member of the Bar. Matter of Reinstatement of Hanlon, 1993 OK 159, 865 P.2d 1228. Rule 11.4 RGDP requires the applicant in a reinstatement proceeding to bear the burden of showing by clear and convincing evidence that his or her application warrants reinstatement. In pertinent part, Rule 11.4 states:

An applicant for reinstatement must establish affirmatively that, if readmitted or if the suspension from practice is removed, the applicant's conduct will conform to the high standards required of a member of the Bar. The severity of the original offense and the cireumstances surrounding it shall be considered in evaluating an application for reinstatement. The burden of proof, by clear and convincing evidence, in all such reinstatement proceedings shall be on the applicant. An applicant seeking such reinstatement will be required to present stronger proof of qualifications than one seeking admission for the first time. The proof presented must be suffi-clent to overcome the Supreme Court's former judgment adverse to the applicant. Feelings of sympathy toward the applicant must be disregarded.

¶ 5 Rule 11.5 RGDP provides that the trial panel must make three additional specific findings before an applicant can be reinstated. They are that the applicant:(1) possesses the good moral character entitling him or her to be admitted to the Oklahoma Bar Association; (2) has not engaged in any unauthorized practice of law during the period of suspension, disbarment or resignation; and (8) possesses the competency and learning in the law required for admission to practice law in Oklahoma.

¶ 6 Because this Court views applications seeking reinstatement to the practice of law with utmost seriousness and it is our primary duty to safeguard the interests of the public, the courts and the legal profession, we have determined that consideration of the following additional factors is required in our review of the evidence:(1) the present moral fitness of the applicant; (2) the applicant's demonstrated consciousness of wrongful conduct and the disrepute which that conduct brought to the profession; (8) the extent of applicant's rehabilitation; (4) the seriousness of the original misconduct; (5) applicant's conduct after the resignation; (6) the time which has elapsed since the resignation or discipline; (7) applicant's character, maturity and experience at the time of discipline or resignation; (8) applicant's present competence in legal skills. In Matter of Reinstatement of Kamins, 1988 OK 32, 752 P.2d 1125, 1130. See also Matter of Reinstatement of Elias, 1988 OK 86, 759 P.2d 1021. All these factors are relevant and important but in a situation such as this which stems from an attorney's abuse of alcohol and drugs, we must be particularly concerned with evidence showing the extent [531]*531of applicant's rehabilitation, his conduct since he resigned, the treatment received for the condition and the time which has elapsed since the resignation. Matter of Reinstatement of Hanlon, 1993 OK 159, 865 P.2d 1228, 1231. Each application for reinstatement to the Bar Association must be considered on its own merits and will fail or succeed on the evidence presented and the particular circumstances of that individual's case. Matter of Reinstatement of Cantrell, 1989 OK 165, 785 P.2d 812, 314.

¶ 7 We concur with the panel's recommendation to approve Mr. Pate's petition for reinstatement to membership in the Oklahoma Bar Association and the practice of law. Based on our de novo review of the record, we find Mr. Pate did carry his heavy burden of showing by clear and convincing evidence that he is deserving of reinstatement as he meets all the requisite criteria for reinstatement set forth above and that if reinstated his conduct will meet the high standards required of members of the Bar.

¶ 8 The record shows the following. From the time Mr. Pate was admitted to the Oklahoma Bar Association in 1991 until he resigned in 1999, he lived in Poteau, Oklahoma, and practiced law there, although for a period of approximately ten months, he served as Assistant District Attorney in Pushmataha County. Mr. Pate's family is well known in the LeFlore County community and their name has long been associated with the local practice of law; his father was a judge there as well as a practicing attorney, and his uncle was a practicing lawyer there. Mr. Pate was a general practitioner, well known for willingly representing economically deprived clients in matters which were of great importance to them but offered minimal compensation to counsel.

¶ 9 Mr.

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Bluebook (online)
2008 OK 24, 184 P.3d 528, 2008 Okla. LEXIS 23, 2008 WL 725768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-reinstatement-of-pate-okla-2008.