State ex rel. Oklahoma Bar Ass'n v. Askins

1993 OK 78, 882 P.2d 1054, 64 O.B.A.J. 1853, 1993 Okla. LEXIS 99, 1993 WL 191371
CourtSupreme Court of Oklahoma
DecidedJune 2, 1993
DocketOBAD No. 1047; SCBD No. 3799
StatusPublished
Cited by14 cases

This text of 1993 OK 78 (State ex rel. Oklahoma Bar Ass'n v. Askins) 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
State ex rel. Oklahoma Bar Ass'n v. Askins, 1993 OK 78, 882 P.2d 1054, 64 O.B.A.J. 1853, 1993 Okla. LEXIS 99, 1993 WL 191371 (Okla. 1993).

Opinions

SIMMS, Justice.

Respondent, Jo Ann Askins, was the subject of a formal complaint filed by the Oklahoma Bar Association, which alleged she committed acts violative of the Rules of Professional Conduct (Rules), 5 O.S.1991, Ch. 1, App. 3-A. Askins responded to the allegations, and a hearing was held before the Professional Responsibility Tribunal which filed its report containing findings of fact and conclusions of law.

We have conducted a de novo examination of the entire record pursuant to Rule 6.15 of the Rules Governing Disciplinary Proceedings, 5 O.S.1991, Ch. 1, App. 1-A, and State ex rel., Oklahoma Bar Association v. Miskovsky, 804 P.2d 434 (Okla.1990). We find respondent’s misconduct warrants a suspension of Two (2) Years from the practice of law in Oklahoma. The facts elicited during the tribunal’s hearing follow.

Catherine Alfonso and David Qualls were married in 1983. In February of 1988, they [1055]*1055were divorced, and one year later, respondent Askins married Qualls. The question before us is whether respondent prepared and filed in the district court false documents asserting a common law marriage between Qualls and Alfonso shortly before respondent married Qualls.

In November of 1988, Qualls was arrested for breaking into Alfonso’s apartment, assaulting and beating her. She brought charges for these offenses and was endorsed as a witness by the State. In December of that year, Qualls was charged with dealing illegal drugs. Alfonso had acted as a confidential informant to law enforcement officers in the drug case, and the State apparently intended for her to testify in that case as well. In all the police reports Qualls is identified as Alfonso’s ex-husband.

In early December of 1989, Qualls hired respondent to defend him in the criminal eases. Alfonso did not testify in either of the cases in which she was endorsed as a witness. All but the drug charges were ultimately dismissed for failure to prosecute, primarily due to Alfonso’s failure to testify at preliminary hearings. Qualls was convicted on the drug charges and sentenced to twenty-five years imprisonment.

The assistant district attorney assigned to the cases against Qualls in which Alfonso was a witness, testified that respondent hid Alfonso to keep her from testifying in the' hearings and also drafted and filed false documents to support Quail’s dismissal motions. The documents • were sworn statements signed by Qualls and Alfonso on January 20,' 1989, which stated that for a time in October of 1988, Qualls lived with Alfonso in her apartment. Each document further averred that as a result of the cohabitation, they were “still man and wife under the laws of the State of Oklahoma.” The document signed by Alfonso was titled “REQUEST FOR DISMISSAL BY COMPLAINING WITNESS,” and it requested that the charges brought by her against Qualls be dismissed. Qualls’ document was an affidavit which he used along with Alfonso’s statement to object to any testimony by his “wife” in the drug case.

Alfonso testified that respondent initially approached Alfonso and requested her to sign the document in order to dismiss the charges against Qualls and keep her from testifying in the drug ease. In return, respondent allegedly promised to take care of all of Alfonso’s criminal problems. Alfonso stated that she refused to sign the document unless her mother thought it was okay, and it is undisputed that respondent drove to Tulsa to show Alfonso’s mother the documents and get her approval. Alfonso and her mother both stated that they knew the affidavit was false but went along with the plan in order to protect Alfonso from Qualls and to take care of Alfonso’s problems.

Respondent testified that Alfonso first contacted her and expressed a desire to “get out of going to court.” Pursuant to Alfonso’s request, respondent went to Alfonso’s apartment where she learned that Alfonso was afraid she would get arrested if she went to court. Respondent also testified that Alfonso came up with the idea of immunity from testifying on the grounds that Qualls had lived with her.

Alfonso denied that Qualls lived with her during October of 1988, but rather a man named John Smith was living with her. Evidence corroborating the fact that Smith did live with her for some time was introduced.

In discussing the documents, respondent testified that she was unsure whether all of the elements necessary to. a common law marriage were present because neither Qualls nor Alfonso indicated that they held themselves out as husband and wife or that they had the requisite “intent.” However, respondent attempted to prove a common law marriage existed by introducing medical bills charged to Qualls’ health insurance policy by Alfonso. The bills included drug treatment charges and emergency room charges from when Qualls assaulted Alfonso. Alfonso used the name “Catherine Alfonso-Qualls” when being admitted into the hospitals and stated that she charged the services to Qualls’ insurance because he owed it to her.

On February 6, 1989, roughly two weeks after filing the documents and motions, respondent Askins married Qualls in a ceremony in Ardmore. After the wedding ceremony, Qualls moved into respondent’s home and [1056]*1056lived there until being sentenced to prison. About the marriage, respondent testified:

“I didn’t really want to get married and I kept telling him I thought that they were married. And he said she’d never testify against me for bigamy at all, she doesn’t want me back and we can get a divorce. I want you to file a divorce for me.
Well, I knew that they had a real divorce. They may have had a common law relationship. If they had a common law relationship it would not — it would not exist until some court said it was a common law relationship. So therefore, any marriage I had with him would be a voidable marriage. If it was determined they were married I could annul it.”

Thereafter, respondent drafted and filed a petition for divorce from Alfonso for Qualls, and on August 21, 1989, Qualls and Alfonso were granted an agreed divorce in Oklahoma County. The decree of divorce found that Alfonso and Qualls “commenced living together as man and wife on or about October 1, 1988.”

Upon recommendation of counsel, Alfonso agreed to the divorce. Although Alfonso’s lawyer understood that Qualls had not lived with Alfonso in October of 1988, he stated that he recommended she agree to it because he was concerned she might otherwise face perjury charges in relation to the “false” statement. Respondent did not inform the court or opposing counsel in the criminal cases in which she was representing Qualls of the fact of her marriage to Qualls. Although she did not inform Alfonso’s divorce counsel of the marriage, respondent indicated that she mentioned it to the judge handling the divorce. Other facts were elicited during the hearing, but we find only the ones stated to be essential to the allegations against respondent.

COUNT I

The tribunal noted that the evidence relating to the sworn statements was conflicting and that Alfonso was not a credible witness. However, the tribunal found that respondent’s actions after filing of the documents convinced them that respondent had violated the Rules. We must agree with the tribunal’s conclusion. The record indicates that respondent prepared and filed documents in the court which she knew to be false in an effort to aid her client in the defense of his criminal charges.

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

Related

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MILLER
2020 OK 4 (Supreme Court of Oklahoma, 2020)
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. WINTORY
2014 OK 113 (Supreme Court of Oklahoma, 2014)
State ex rel. Oklahoma Bar Ass'n v. Bednar
2013 OK 22 (Supreme Court of Oklahoma, 2013)
STATE EX REL. OKLAHOMA BAR ASS'N v. Hayes
2011 OK 71 (Supreme Court of Oklahoma, 2011)
Lawyer Disciplinary Board v. Smoot
716 S.E.2d 491 (West Virginia Supreme Court, 2010)
State Ex Rel. Oklahoma Bar Ass'n v. Bolton
1995 OK 98 (Supreme Court of Oklahoma, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
1993 OK 78, 882 P.2d 1054, 64 O.B.A.J. 1853, 1993 Okla. LEXIS 99, 1993 WL 191371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-askins-okla-1993.