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

2004 OK 28, 92 P.3d 67, 2004 Okla. LEXIS 32, 2004 WL 772514
CourtSupreme Court of Oklahoma
DecidedApril 13, 2004
DocketNo. SCBD 4733
StatusPublished
Cited by12 cases

This text of 2004 OK 28 (State ex rel. Oklahoma Bar Ass'n v. Krug) 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. Krug, 2004 OK 28, 92 P.3d 67, 2004 Okla. LEXIS 32, 2004 WL 772514 (Okla. 2004).

Opinions

BOUDREAU, J.

T1 The Oklahoma Bar Association (OBA) filed a Complaint against Sandra W. Krug (Respondent) under Rule 6, Rules Governing Disciplinary Proceedings, 5 0.8.2001, Ch. 1, App. 1-A, charging her in Count I with making a false statement of fact and offering false evidence to a tribunal, and in Count II with failing to fully respond to the General [68]*68Counsel's notification that he was investigating allegations of her misconduct.1 The parties stipulated to the facts and that Respondent engaged in misconduct. The PRT held a hearing, found misconduct on both Counts, recommended a 80-day suspension and one year probation, and further recommended that if Respondent commits an ethical violation within the probation period, the suspension for the instant offenses be extended to one year. The OBA and Respondent stipulated to a public reprimand and one year probation. We exonerate Respondent on both Counts and deny the OBA's application for costs.

I. STANDARD OF REVIEW

12 We review the entire record de movo to determine if the OBA proved its allegations of misconduct by clear and convincing evidence. RGDP Rule 6.12%(c). Even when the parties stipulate to misconduct the stipulations do not bind us because our duty is to review the evidence de novo. OBA v. Taylor, 2003 OK 56, ¶ 2, 71 P.3d 18, 21.

II. FACTS

13 Upon our de movo review of the record we find the following facts. Respondent initiated probate proceedings as attorney for the estate of Callie Ann Robinson (the deceased). While the probate matter was pending, Respondent filed a related Forcible Entry and Detainer (FED) action to evict Barbara J. Brown (Brown) and Basil Mack because they refused to vacate a house owned by the deceased. Brown defended her possession of the house by contending she inherited it from the deceased. She presented an affidavit allegedly signed by the deceased and asserted that it was the deceased's last Will wherein Brown inherited the deceased's entire estate. Judge James B. Croy, who was presiding over the FED matter, declined to rule on the validity of the affidavit as a Will and instead instructed Respondent to seek a ruling from Judge Carol Ann Hubbard, who was presiding over the related probate matter. Respondent hired a certified handwriting examiner to review the signature on the affidavit and the signatures on additional documents that she suspected Brown had forged (including numerous bank checks, a will, a joint tenancy deed, at least five credit card applications, gas and electric utility applications, an insurance policy and direct deposit applications for the deceased's social security and pension checks).

1 4 In anticipation of Judge Hubbard's ruling, Respondent prepared an order and made several copies of it, as is common practice in Oklahoma County District Court. The order consisted of one page and two lines on the second page followed by signature blocks. It included language finding that the signature on the affidavit was forged as well as language that the affidavit did not satisfy the execution requirements for a valid Will.

15 After notice to all parties, Judge Hubbard reviewed the affidavit in chambers in Respondent's presence and determined the affidavit did not satisfy the execution requirements for a valid Will. Because this determination was sufficient to resolve the issue, Judge Hubbard did not reach the question of forgery. She struck through the language of the order that concerned forgery, wrote her initials on the changes and signed the order. Judge Hubbard told Respondent that she should have known the affidavit was not a valid Will, that she wasted estate funds by hiring a document examiner, and that she, Judge Hubbard, would not allow such conduct. Immediately thereafter, Respondent took the original order and the previously made copies to the Court Clerk's office for filing and asked the clerk to certify the copies. Neither Respondent nor the clerk conformed the copies to the original order.

T6 Approximately five months later, Respondent applied for fees and costs in the FED matter. She stated in the application that she had rendered "extraordinary services" and detailed those services as follows:

[69]*69that she has had to make five court appearances relating to the removal of [Barbara Brown and Basil Mack] from the home; that defendant Mack defaulted; that defendant Brown presented as evidence a forged document entitled Affidavit of Callie A. Robinson in an attempt to persuade this court that Brown was entitled to the entire Robinson estate and was therefore entitled to remain in the Robinson home; that this matter was held in abeyance until this attorney filed the questioned Affidavit with the probate court for the purpose of having it interpreted as to its authenticity and validity; that she had to employ a professional document examiner to have the questioned document examined; that said professional expert charges $500.00; that but for defendant Brown said extraordinary costs and fees would not have been necessary.

Respondent attached two exhibits in support of the application. The first exhibit was an itemized statement showing $2,175 in fees (which included $150 for one hour spent with the document examiner) and $681.88 in costs (which included $500 for the document examiner's fee). The second exhibit was one of the non-conformed copies of the order Judge Hubbard had entered in the probate matter. About three weeks later, Judge Croy ruled on Respondent's application. Judge Croy did not award the requested $500 for the document examiner. Of the requested $631.88 in costs, he awarded zero. It is not clear whether he awarded $150 for the time Respondent spent with the document examiner. Of the requested $2,175 in fees, he awarded $1,820.

T7 On November 6, 2000, approximately eight months after Respondent had applied for fees in the FED matter, she filed her third interim application for fees in the probate matter.2 Judge Hubbard became concerned about the total amount of fees requested, pulled the related FED court file and saw the non-conformed copy of her probate order that was attached to Respondent's FED fee application. On January 12, 2001, Judge Hubbard sua sponte vacated her first two interim fee awards, denied Respondent's third interim fee application, awarded Respondent the total sum of $5,000 for fees and costs, and ordered Respondent to refund all the previous fees awarded in excess of $5,000.3

8 One month later, on February 11, 2001, the OBA General Counsel wrote his first letter to Respondent. The letter said:

Pursuant to [RGDP Rule 5.1], I am opening an investigation into the facts and cireumstances surrounding allegations that you filed a certified copy of an Order with an Application before another judge when the Order was not the Order that was filed in the previous case.
Enclosed is a copy of the document that constitutes the basis of this grievance. This instrument, in my opinion, may indicate that you may have committed actions that would constitute a violation of the [ORPC], which is the standard of conduct for all attorneys in the State of Oklahoma.
Under the above-cited Rules, this matter will be presented to the Professional Responsibility Commission, along with any response you make in this matter, and the results of our independent investigation.

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Bluebook (online)
2004 OK 28, 92 P.3d 67, 2004 Okla. LEXIS 32, 2004 WL 772514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-krug-okla-2004.