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

2000 OK 37, 52 P.3d 1003, 71 O.B.A.J. 1287, 2000 Okla. LEXIS 33, 2000 WL 558948
CourtSupreme Court of Oklahoma
DecidedMay 9, 2000
DocketSCBD Nos. 3878, 4243
StatusPublished
Cited by22 cases

This text of 2000 OK 37 (State ex rel. Oklahoma Bar Ass'n v. Tweedy) 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. Tweedy, 2000 OK 37, 52 P.3d 1003, 71 O.B.A.J. 1287, 2000 Okla. LEXIS 33, 2000 WL 558948 (Okla. 2000).

Opinions

BOUDREAU, Justice:

I. Procedural History

{ 1 The Complainant Oklahoma Bar Association (OBA) brought disciplinary proceedings against Respondent Attorney, Craig R. Tweedy (Respondent), in two separate complaints alleging a collective total of seven counts of professional misconduct. The OBA moved to consolidate the two complaints, OBAD 1085, SCBD 83878 (Complaint I) and OBAD 1292, SCBD 4243 (Complaint ID). The Professional Responsibility Tribunal (PRT) granted the Motion to Consolidate. The PRT conducted a hearing on the issues raised in the Complaints on March 2 & 3, 1999.

12 Respondent was admitted to practice law in 1964 and has been a member of the Oklahoma Bar Association at all times relevant to the events addressed herein. Respondent's official roster address is 202 Wells Building, 208 E. Dewey Street, Sapulpa, Oklahoma 74066.

18 The allegations against Respondent in Complaint I had their genesis in his handling of three separate matters in the United States District Court for the Northern District of Oklahoma (Northern District) and the United States Court of Appeals for the Tenth Cireuit (Tenth Circuit), between 1986 and 1993. Both courts sanctioned Respondent for pursuing baseless legal claims and remedies in the three cases. The Tenth Circuit eventually disbarred Respondent and the Northern District suspended him from practice for three years. The Northern District refused to subsequently reinstate Respondent upon the expiration of his three-year suspension. Although filed as a separate complaint, Complaint II alleged that Respondent had been disciplined in other jurisdie-tions as a result of the conduct that formed the basis of Complaint I.

14 Complaint I alleged three violations of Rule 3.1 (frivolous claims and contentions), Oklahoma Rules of Professional Conduct, 5 0.S.1991, ch. 1, app. 34 (ORPC). The amendment to Complaint I alleged violation of Rule 4.2 (communication with a person who is represented by counsel), ORPC. Complaint II alleged the same conduct violated Rules 1.1 (incompetent representation), 3.l1(frivolous claims and contentions), 8.2 (false and reckless statements about a judge), and 8.4(d) (conduct prejudicial to the administration of justice), ORPC, and Rule 1.3 (acts contrary to prescribed standards of conduct), Rules Governing Disciplinary Proceedings, 5 0.8.1991, ch. 1, app. 1-A (RGDP). -

15 After a hearing, the PRT found there was clear and convincing evidence that Respondent violated the ORPC, Rule 3.2 by making frivolous claims and contentions, Rule 8.2 by making false or reckless statements concerning the qualifications or integrity of a judge, Rule 8.4(d) by conduct prejudicial to the administration of justice, and Rule 1.1 by incompetent representation of clients. The PRT also found that Respondent violated the RGDP, Rule 1.3 by conduct that discredits the legal profession. The PRT further found there was not clear and convincing evidence that Respondent violated ORPC, Rule 4.2. In addition, the PRT found that Respondent's prior discipline should be considered in its recommendation of discipline. |

T6 Upon these findings, the PRT recommended Respondent be disbarred for "his continued filing of frivolous and vexatious motions and pleadings after being directed by two levels of federal courts not to do so", for his refusal to acknowledge the unprofessional nature of his conduct, and for being suspended and denied reinstatement by the Northern District and disbarred by the Tenth Circuit. The PRT also recommended [1006]*1006a private reprimand for violation of ORPC, Rule 4.2, even though it found no clear evidence of violation of Rule 4.2.

II. Standard of Review

17 In considering the PRT's recommendations, we review the entire record de novo, State ex rel. Oklahoma Bar Association v. Todd, 1992 OK 81, 883 P.2d 260. A violation of the ORPC must be established by clear and convincing evidence. Rule 6.12(0), RGDP; State ex rel. Oklahoma Bar Association v. Miskousky, 1991 OK 88, 824 P.2d 1090.

III Complaint I, Count I, Graham Litigation

T8 In 1987, Respondent entered his appearance for the plaintiff, Graham, in her suit alleging wrongful termination, discrimination and harassment against American Airlines (Graham 1). The case was tried in the Northern District over a period of days. After the trial, in August of 1989, the court entered judgment for the defendant, American Airlines. After judgment in Graham 1, Respondent filed two cases in the state district court in Tulsa County regarding the same claim (Graham 2 and Graham 8). Respondent filed Graham 2 in September, 1989, only about a month after judgment in Graham 1; he filed Graham 3 in September, 1991. American Airlines removed both cases to the Northern District.

19 In the Northern District, Respondent asserted that Graham 2 was a new and distinct cause of action for fraud upon the court based upon newly discovered evidence relating to the timing and occurrence of an aircraft inspection. The Northern District rejected the assertion and granted summary judgment to American Airlines. The court determined that the Graham 2 claim represented an impermissible collateral attack on the Graham 1 judgment, because the claim either was raised or could have been raised in Graham 1 and was therefore barred by the doctrines of res judicata and collateral estop-pel.

10 In Graham 83, Respondent continued his pursuit of the claim asserted in Graham 2, ie., that fraud had been perpetrated on the court. In response, American Airlines filed a separate action in the Northern District seeking to prevent Respondent and his client from filing further actions in state district court (Graham 4). In Graham 4, the Northern District enjoined Respondent from relitigating issues previously decided in Graham 1. The Northern District sanctioned Respondent as well.

{11 During the course of the Graham litigation, Respondent filed a myriad of post-trial motions in the Northern District in the form of motions to vacate, motions to reconsider and motions to clarify. In addition, he commenced two appeals to the Tenth Circuit both of which he later sought to dismiss. He also sought two writs of mandamus in the Tenth Cireuit, Ultimately the Tenth Cireuit sanctioned Respondent indicating that "[the record in this case is replete with multiple and vexatious filings by Plaintiff ... so numerous and multiplicative we ... have determined that sanctions are appropriate in this case."1

112 Before the PRT, Respondent repeatedly defended his conduct as necessary to prevent fraud from being perpetrated upon the court "by the planned insider means of criminal concert enabled by Rule 34(a), F.R.App.P." Respondent complained the judges of the Northern District did not read his briefs relating to the newly asserted claim brought in the state district court action and that the Northern District's "infunce-tive fiats had protected American Airlines by evaporating the [new claim] without mentioning it." Respondent believed both the Northern District and Tenth Cireuit had been defrauded and this justified his repeated and zealous efforts to bring the fraud to the attention of the courts.

13 At the PRT hearing, Respondent was either unwilling or unable to acknowledge [1007]

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Bluebook (online)
2000 OK 37, 52 P.3d 1003, 71 O.B.A.J. 1287, 2000 Okla. LEXIS 33, 2000 WL 558948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-tweedy-okla-2000.