EDMONDSON, C.J.
T1 Petitioner, Waldo E. Jones, II, was admitted to the Oklahoma Bar Association in 1966. In 1998, he submitted his resignation pending disciplinary proceedings to this Court after it was discovered that he had taken money from a guardianship account for his own use. We approved his resignation and his name was stricken from the Roll of Attorneys by order of this Court on February 17, 1998, in State of Oklahoma ex rel. Oklahoma Bar Ass'n. v. Jones, 1997 OK 159, 952 P.2d 525.
12 This is petitioner's first attempt at reinstatement. He filed this petition on October 22, 2007, pursuant to Rule 11.1 of the Rules Governing Disciplinary Proceedings, (RGDP), 5 0.$.2001, Ch. 1, App. 1-A, and hearing on his application was had before a three-member Trial Panel of the Professional Responsibility Tribunal, which concluded that Mr. Jones had presented sufficient evidence in support of his application to meet his burden of proof and that he had satisfied all requirements for reinstatement. The panel unanimously recommended his petition should be granted and that Mr. Jones should be reinstated to the practice of law without the necessity of taking the bar examination. The Oklahoma Bar Association did not present any witnesses against Mr. Jones, but it contends that his evidence did not support his burden of proof and prays that we deny his application.
I.
13 Recommendations of the Trial Panel, while entitled to great weight, are merely advisory. Matter of Reinstatement of Kamins, 1988 OK 32, 752 P.2d 1125, 1129. This Court does not sit in review of the trial [911]*911panel's recommendations; instead, we exercise our original and exclusive jurisdiction through de novo examination of the evidence. Matter of Reinstatement of Page, 2004 OK 49, 94 P.3d 80, 81. It is therefore our first responsibility to ensure that the record before us is complete and sufficient for our thorough inquiry into all relevant facts pertaining to the applicant, the original misconduct and the likelihood of applicant's rehabilitation to determine whether he has carried his burden of showing clearly and convineingly that he is worthy of being an attorney of the State of Oklahoma. State ex rel. Oklahoma Bar Ass'n v. Samara, 688 P.2d 979, 983-984. We find that the record before us is sufficient to allow our independent determination of all essential facts.
T4 An applicant seeking reinstatement to the practice of law bears a heavy burden which is the same whether he or she was disbarred or resigned from the bar pending disciplinary proceedings. Reinstatement is not automatic. Even where the evidence is undisputed that the applicant has engaged only in proper conduct during suspension, the applicant must affirmatively establish that his or her conduct will conform to the high standards required of a member of the Bar if reinstatement is granted. Matter of Reinstatement of Hanlon, 1993 OK 159, 865 P.2d 1228.
15 The more severe the offense the heavier the burden the applicant must overcome to gain reinstatement; but 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 cireumstances of that individual's case. Matter of Reinstatement of Hardin, 1996 OK 115, 927 P.2d 545, 546. Rule 11.4 RGDP sets forth the following standard of proof an applicant must meet:
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 sufficient to overcome the Supreme Court's former judgment adverse to the applicant. Feelings of sympathy toward the applicant must be disregarded. If applicable, restitution, or the lack thereof, by the applicant to an injured party will be taken into consideration by the Trial Panel on an application for reinstatement. |
16 Rule 11.5 RGDP requires that prerequisite to reinstatement, the trial panel must make specific findings to this Court as to whether the applicant: (1) possesses the good moral character entitling him or her to be admitted to the Oklahoma Bar Association; (2) has 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.
17 It is our primary duty to protect the interest of the public, the judiciary and the legal profession. We therefore take our responsibility of passing on applications seeking reinstatement to the practice of law of one who has previously failed to meet the profession's standards with utmost seriousness. To that end we have determined that we must also consider the following factors in our evaluation 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 the applicant's rehabilitation; (4) the seriousness of the original misconduct; (5) the applicant's conduct after the resignation; (6) the time which has elapsed since the resignation or discipline; (7) the applicant's character, maturity and experience at the time of discipline or resignation; and (8) the applicant's present competence in legal skills. Matter of Reinstatement of Kamins, 1988 OK 32, 752 P.2d 1125, 1180.
[912]*912IL.
T8 The Bar Association and Petitioner entered into joint stipulations of fact and submitted joint exhibits to the trial panel in support of a full and complete record. These reveal the following pertinent facts regarding the incident which led to his resignation: after it was discovered that funds were missing from the guardianship, a lawsuit was brought by the successor guardian for a claim of $47,813.14, and stipulations by parties to that action reflected that funds in the amount of $37,000 did not go to benefit the ward, but were knowingly received by Petitioner or used for his benefit; the surety on the bond for the guardian paid $35,674.44 to the successor guardian; judgment was entered against Petitioner and his father,1 and those judgments were satisfied upon the probate of Petitioner's father's estate with the sale of property that was to have been inherited by Petitioner.
T9 It was further agreed that Petitioner was in compliance with both federal and state tax requirements; that he has federal taxes owing for the years 1998-2004 in the approximate amount of $84,000, for which he has entered into an agreed payment plan with the Internal Revenue Service for monthly payments in the amount of $704.00 to satisfy his tax indebtedness, with interest and penalties; and that he is participating in an agreed payment plan with the Oklahoma Tax Commission for taxes, interest and penalties for the years 1991-2004 in the amount of approximately $22,000 wherein he pays $219.00 a month for 12 months subject to possible upward revision thereafter.
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EDMONDSON, C.J.
T1 Petitioner, Waldo E. Jones, II, was admitted to the Oklahoma Bar Association in 1966. In 1998, he submitted his resignation pending disciplinary proceedings to this Court after it was discovered that he had taken money from a guardianship account for his own use. We approved his resignation and his name was stricken from the Roll of Attorneys by order of this Court on February 17, 1998, in State of Oklahoma ex rel. Oklahoma Bar Ass'n. v. Jones, 1997 OK 159, 952 P.2d 525.
12 This is petitioner's first attempt at reinstatement. He filed this petition on October 22, 2007, pursuant to Rule 11.1 of the Rules Governing Disciplinary Proceedings, (RGDP), 5 0.$.2001, Ch. 1, App. 1-A, and hearing on his application was had before a three-member Trial Panel of the Professional Responsibility Tribunal, which concluded that Mr. Jones had presented sufficient evidence in support of his application to meet his burden of proof and that he had satisfied all requirements for reinstatement. The panel unanimously recommended his petition should be granted and that Mr. Jones should be reinstated to the practice of law without the necessity of taking the bar examination. The Oklahoma Bar Association did not present any witnesses against Mr. Jones, but it contends that his evidence did not support his burden of proof and prays that we deny his application.
I.
13 Recommendations of the Trial Panel, while entitled to great weight, are merely advisory. Matter of Reinstatement of Kamins, 1988 OK 32, 752 P.2d 1125, 1129. This Court does not sit in review of the trial [911]*911panel's recommendations; instead, we exercise our original and exclusive jurisdiction through de novo examination of the evidence. Matter of Reinstatement of Page, 2004 OK 49, 94 P.3d 80, 81. It is therefore our first responsibility to ensure that the record before us is complete and sufficient for our thorough inquiry into all relevant facts pertaining to the applicant, the original misconduct and the likelihood of applicant's rehabilitation to determine whether he has carried his burden of showing clearly and convineingly that he is worthy of being an attorney of the State of Oklahoma. State ex rel. Oklahoma Bar Ass'n v. Samara, 688 P.2d 979, 983-984. We find that the record before us is sufficient to allow our independent determination of all essential facts.
T4 An applicant seeking reinstatement to the practice of law bears a heavy burden which is the same whether he or she was disbarred or resigned from the bar pending disciplinary proceedings. Reinstatement is not automatic. Even where the evidence is undisputed that the applicant has engaged only in proper conduct during suspension, the applicant must affirmatively establish that his or her conduct will conform to the high standards required of a member of the Bar if reinstatement is granted. Matter of Reinstatement of Hanlon, 1993 OK 159, 865 P.2d 1228.
15 The more severe the offense the heavier the burden the applicant must overcome to gain reinstatement; but 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 cireumstances of that individual's case. Matter of Reinstatement of Hardin, 1996 OK 115, 927 P.2d 545, 546. Rule 11.4 RGDP sets forth the following standard of proof an applicant must meet:
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 sufficient to overcome the Supreme Court's former judgment adverse to the applicant. Feelings of sympathy toward the applicant must be disregarded. If applicable, restitution, or the lack thereof, by the applicant to an injured party will be taken into consideration by the Trial Panel on an application for reinstatement. |
16 Rule 11.5 RGDP requires that prerequisite to reinstatement, the trial panel must make specific findings to this Court as to whether the applicant: (1) possesses the good moral character entitling him or her to be admitted to the Oklahoma Bar Association; (2) has 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.
17 It is our primary duty to protect the interest of the public, the judiciary and the legal profession. We therefore take our responsibility of passing on applications seeking reinstatement to the practice of law of one who has previously failed to meet the profession's standards with utmost seriousness. To that end we have determined that we must also consider the following factors in our evaluation 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 the applicant's rehabilitation; (4) the seriousness of the original misconduct; (5) the applicant's conduct after the resignation; (6) the time which has elapsed since the resignation or discipline; (7) the applicant's character, maturity and experience at the time of discipline or resignation; and (8) the applicant's present competence in legal skills. Matter of Reinstatement of Kamins, 1988 OK 32, 752 P.2d 1125, 1180.
[912]*912IL.
T8 The Bar Association and Petitioner entered into joint stipulations of fact and submitted joint exhibits to the trial panel in support of a full and complete record. These reveal the following pertinent facts regarding the incident which led to his resignation: after it was discovered that funds were missing from the guardianship, a lawsuit was brought by the successor guardian for a claim of $47,813.14, and stipulations by parties to that action reflected that funds in the amount of $37,000 did not go to benefit the ward, but were knowingly received by Petitioner or used for his benefit; the surety on the bond for the guardian paid $35,674.44 to the successor guardian; judgment was entered against Petitioner and his father,1 and those judgments were satisfied upon the probate of Petitioner's father's estate with the sale of property that was to have been inherited by Petitioner.
T9 It was further agreed that Petitioner was in compliance with both federal and state tax requirements; that he has federal taxes owing for the years 1998-2004 in the approximate amount of $84,000, for which he has entered into an agreed payment plan with the Internal Revenue Service for monthly payments in the amount of $704.00 to satisfy his tax indebtedness, with interest and penalties; and that he is participating in an agreed payment plan with the Oklahoma Tax Commission for taxes, interest and penalties for the years 1991-2004 in the amount of approximately $22,000 wherein he pays $219.00 a month for 12 months subject to possible upward revision thereafter.
{ 10 The parties also agreed that Petitioner received previous discipline of a private reprimand in 1997 for his neglect in missing a statute of limitations in a client's claim; that no additional disciplinary matters were pending at the time of Petitioner's resignation; that the client security fund had not expended any funds on behalf of Petitioner; and that Petitioner has complied with all Oklahoma Bar Association dues and Mandatory Continuing Legal Education requirements since his resignation, and if reinstated he would need only to fulfill the requirements for the year of reinstatement.
111 The Bar Association agreed that in its investigation it found nothing to contradict Petitioner's evidence that he does possess the good moral character required for reinstatement, and also that he has continued to keep abreast of the law and current developments since his resignation by attending 105 hours of CLE, working as a legal assistant and receiving the Bar Journal. Additionally, the Bar agreed it had found no evidence that Petitioner engaged in the unauthorized practice of law since he resigned.
112 Testimony before the Trial Panel showed that at the time of his resignation, Mr. Jones was a very well known and prominent attorney in Tulsa. His counsel pointed out that Mr. Jones's ancestry is a prominent piece of Tulsa history; he is a third-generation lawyer and his family members had been important leaders of the community for many years. For over thirty years Mr. Jones carried out that family tradition. He was a well-respected attorney with a good practice, doing a great deal of community work and serving on many boards. However, his personal life was crumbling around him because of financial problems; and, in his own words, his character flaws of greed, selfishness, arrogance, pride and self-centeredness led him to become a common thief. Mr. Jones had been in practice with his father since passing the bar; but by the time of the events in question, his father had retired and was in a nursing home. Petitioner had been having financial problems for some time. He had serious tax indebtedness, tax liens had been placed on his property and collection procedures were being brought against him. He had borrowed money to pay these debts, but he had fallen behind again and knew he was in a desperate situation. In 1992, a client came to him to discuss a proposition he had received from a bank in Nigeria promising [913]*913$28 million for assistance in setting up a corporation in Nigeria,.
T13 Petitioner did not realize this was a seam. Instead, he saw it as an opportunity to get money that would solve his financial problems. So, when the Nigerians explained that he first must send money to them as a show of good faith before they could send him millions of dollars, he wrongfully took funds from the guardianship account, planning to pay it back when the money from Nigeria was sent to him. His father was the ward's long-time guardian and Petitioner had been serving as custodian-in-fact, due to his father's incapacity. Petitioner testified he took his father to the bank and had him withdraw the ward's money which petitioner then used for his own benefit. The promised money from Nigeria never arrived.
{14 Petitioner testified that he and his wife faced many adversities during the years following his resignation. They had very little income. He worked for a long period as a legal assistant for attorney Wilma Palmer, who is now a judge, and he and his wife also received some funds from a teaching ministry which they began, and continue to operate, to help others overcome similar character problems. They were homeless for a considerable time as their house had been sold by agreement to satisfy the judgments. When questioned as to whether any outstanding balance remained after the proceeds of the sale were paid on the judgments, Petitioner testified there had been no attempt to collect on a balance nor had a judgment been renewed. Ultimately, Petitioner and his wife lost everything. He explained that while many painful things happened during that time, it was nevertheless a period of tremendous personal growth and learning for him about life and about his own character and integrity. Petitioner expressed desire and intention to work with Lawyers Helping Lawyers to help others who are in trouble due to character problems. He believes that in doing so he will be able to add to the legal community as well as to the lives of the individuals.
1 15 Petitioner recounted that when he got in trouble it was the first time he recognized that he had major flaws in his character. He realized then he needed to change himself and his life and he began to work hard to make those changes. He offered no defense or excuse for his actions. Petitioner believes he has rehabilitated himself and that he is not the same person he was ten years ago. He explained that he waited so long after the five-year period to file for reinstatement because did not think he was ready before. He believes he is now a different and a better person, having developed his character and integrity so that he has the ability to deal with adversity and face problems without blaming others. In light of his personal growth, together with the control over his tax liability he has achieved through the payment plan, petitioner now considers himself worthy to make this request for reinstatement to the profession.
[16 Petitioner is remorseful about his actions. He acknowledges the disrepute his misconduct brought on the legal profession and the hurt and sorrow he caused others including his own family and friends.
17 The Professional Responsibility Tribunal received nine letters in support of Petitioner's application, attesting generally to his moral and ethical fitness, his remorse for his misconduct and acceptance of responsibility for his actions. Three of those writers, Wilma Palmer, Special District Judge of Tulsa County, and two attorneys, William Dodson, Jr., and Jim Frasier, also testified in person before the panel in support of Petitioner's application, stating they had known him for many years and were aware of his resignation and the cause. They believed Petitioner had learned from his misconduct, that he has been humbled and embarrassed by it; also that he takes responsibility for his actions and their consequences and is very remorseful. They believed that through his hard work and difficulties he has indeed become a better person who would not make such mistakes again; that he is morally fit to practice law and that if readmitted, he would be an asset to the profession. They testified Petitioner has kept abreast of the law and his legal skills are current and satisfactory. Both attorneys stated they would not hesitate to have Petitioner working in their of-fiees. Mr. Dodson testified he had seen Peti[914]*914tioner tell a person who asked Petitioner for legal advice that he was no longer a lawyer and could not give legal advice, that he had resigned from the practice of law because he had committed a wrongful act.
1118 Mr. Dodson also testified that he had represented Petitioner in regard to the judgments entered against the family home that was to have been petitioner's inheritance. He explained that the house was sold by agreement in order to pay the judgments securing the debts from the proceeds; the proceeding was not one in foreclosure. Mr. Dodson stated that to the best of his knowledge those judgments were entirely satisfied by the proceeds, and that he had never received notice of the existence of any unpaid balance.
119 Additionally, the CPA who worked with Petitioner to straighten out the latter's tax problems testified before the panel, stating he believed Petitioner to be an honest person with a good heart and who has learned from his mistakes. He stated he would have no problem in requesting legal assistance from Petitioner and would refer others to him.
TIL
120 We are concerned about Petitioner's original misconduct, and it is beyond question that his transgression was one of great seriousness. We do not agree with the Bar that this one factor outweighs the cumulative factors weighing in support of his reinstatement. To the contrary, as found by the Trial Panel, Petitioner's evidence clearly and convincingly shows that he has carried his heavy burden of proof; he has met the prerequisites for reinstatement and affirmatively shown that his future conduct will conform to the high standards required of a member of the Bar.
121 Neither are we persuaded by the Bar's additional contention that Petitioner's application "has not demonstrated stronger proof of qualifications than one seeking admission to the bar for the first time." As previously set forth in this opinion, Petitioner has submitted a great deal of evidence concerning his qualifications for reinstatement. This evidence is stronger proof of qualifications than is required from a first-time applicant from whom the rules require that he or she "shall have good moral character, due respect for the law, and fitness to practice law," but demand no proof of same. Rules Governing Admission to the Practice of Law, 5 0.9.2001, Ch. 1, App. 5, Rule 1, Section 1.
1 22 Under the particular facts and cireum-stances of this case, we agree with the ree-ommendation of the Professional Responsibility Tribunal that Petitioner has satisfied all requirements for reinstatement and his petition should be granted.
123 Therefore, the petition of Waldo E. Jones, II, for reinstatement to membership in the Oklahoma Bar Association and to the Roll of Attorneys is GRANTED and Petitioner is reinstated to the practice of law in Oklahoma. Costs in the amount of $908.32 are to be paid by Petitioner within ninety days from the date this opinion becomes final.
1 24 EDMONDSON, C.J., HARGRAVE, KAUGER, WATT, REIF, JJ.-Coneur.
1 25 TAYLOR, V.C.J., WINCHESTER, J.Dissent.
11 26 OPALA, J.-Disqualified.
27 COLBERT, J.-Not Voting.