State Ex Rel. Oklahoma Bar Ass'n v. Wolfe

919 P.2d 427, 1996 WL 330821
CourtSupreme Court of Oklahoma
DecidedJuly 16, 1996
DocketSCBD 4006
StatusPublished
Cited by33 cases

This text of 919 P.2d 427 (State Ex Rel. Oklahoma Bar Ass'n v. Wolfe) 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. Wolfe, 919 P.2d 427, 1996 WL 330821 (Okla. 1996).

Opinions

[429]*429HODGES, Justice.

I. PROCEDURAL HISTORY

The Oklahoma Bar Association (OBA) filed a complaint against Earl W. Wolfe (Wolfe or Respondent) on June 2, 1994, alleging seventeen counts of misconduct in violation of the Oklahoma Rules of Professional Conduct, Okla. Stat. tit. 5, ch. 1, app. 3-A (1991) (hereinafter ORPC), and the Rules Governing Disciplinary Proceedings, Okla. Stat. tit. 5, ch. 1, app. 1-A (1991) (hereinafter RGDP). Respondent filed an answer on June 23, 1994. On August 2, 1994, the OBA filed an amended complaint alleging an additional seven violations of the ORPC and the RGDP. Not until September 20, 1994, did Respondent file an answer to the amended complaint and only after being ordered to respond to a Motion to Deem Allegations Admitted.

The Professional Responsibility Tribunal (PRT) held a healing on March 1,1995. The parties filed a stipulation of findings of facts and conclusions of law. Respondent moved for a continuance so he could provide psychological testimony. The PRT continued the hearing until May 9, 1995, at which time it took testimony. However, on May 9, Respondent failed to provide any psychological testimony.

The PRT adopted the stipulation of the facts and conclusions of law. After considering the facts, Respondent’s previous discipline for violating the rules governing attorneys’ conduct (a private reprimand and a six-month suspension), the OBA’s recommendation that Respondent be disbarred, and Respondent’s position that he should receive only probation, the PRT recommended a two year suspension.

II. FACTS

On August 30, 1991, Respondent received a private reprimand from the Professional Responsibility Commission for negligently handling clients’ matters, for failing to communicate with his clients, and for failing to respond to the OBA’s grievance investigations. On June 15,1993, this Court suspended the Respondent from the practice of law. State ex rel. Oklahoma Bar Association v. Wolfe, 864 P.2d 335, 336 (Okla.1993). Because a motion for rehearing was filed, the suspension did not become effective until November 1, 1993. The six-month suspension was based on Respondent’s neglect of client matters and failure to respond to the OBA’s grievance investigations.

Respondent has stipulated to twenty-four counts of violating the ORPC and the RGDP. Several of the counts occurred after the 1993 suspension and others were being investigated at the time of the suspension.

On thirteen occasions, Respondent failed to timely respond to the OBA requests for information concerning complaints against him. On several of those occasions, Respondent did not file a written response. Rather, his response was solicited during his deposition and only after the OBA subpoenaed him.

Three counts involve his trust account. Three times Respondent’s cheeks on his trust fund were returned for insufficient funds. Respondent admits to having written a check on his trust account to purchase a business asset. One time, Respondent paid out more from his trust account on behalf of a client than he had received. Respondent deposited a $200 check in his trust account which he refunded from his operating account. When the check would not clear, he gave the client cash. Respondent deposited money from a client into his operating account to pay some of the client’s expenses. Respondent did not pay the client’s bills but paid himself.

On June 15, 1993, Respondent had not filed his income tax returns for 1990 and 1991. At the time the complaint was filed on June 2, 1994, Respondent had not filed his 1992 tax returns. The tax returns were not filed until a week before the hearing.

On seven occasions, Respondent neglected his client’s cases. Respondent failed to respond to motions to dismiss and for summary judgment, failed to appear for hearings, failed to prosecute appeals, failed to file judgments, and failed to inform his clients of his suspension. Respondent’s neglect resulted in the dismissal of his clients’ cases. He either did not tell his client the case was [430]*430dismissed or he told them he would refile the matter.

III. Due Process

A. Bias of the PRT

In Respondent’s brief before this Court, he asks that he be granted a new hearing before a new panel. His requests rests on allegations of unfairness and bias. The allegations are not supported by references to the record. Rather, Respondent relies on the fact that the PRT would not continue the first hearing and that it would not allow him to present certain evidence concerning the “Bar and federal court insider causations for the depression and failures.”

The complaint was filed on June 2, 1994, and the amended complaint was filed on August 2, 1994. Respondent did not file an answer to the amended complaint until September 20, 1994. Respondent filed an amended answer on March 2, 1995, a day after the first hearing was held. Even though nine months had lapsed since the complaint was filed and seven months since the amended complaint was filed, Respondent’s attorney had only one witness, other than himself and the Respondent, present at the healing and was unable to produce any of his exhibits. That witness was an investigator for the OBA Respondent’s attorney requested a continuance to present psychological testimony. The PRT continued the hearing until May 9, 1995, for the express purpose of allowing psychological testimony. However, Respondent failed to present any such testimony.

After considerable time had been spent by Respondent’s attorney on the cause of Respondent’s depression, the panel refused further testimony as repetitious. Respondent’s attorney was allowed to make an offer of proof but failed to present any additional evidence of the OBA failures which he alleged caused Respondent’s depression, or “wounded” state as the Respondent characterizes the problem.

In Respondent’s brief he argues his exhibits 1 through 5 reveal evidence of abuses by the Professional Responsibility Commission and federal judges, as well as showing insider corruption at the OBA The exhibits do not support these allegations. Exhibit 1 is a copy of this Court’s opinion in Tweedy v. Oklahoma Bar Association, 624 P.2d 1049 (Okla.1981). Exhibits 2, 3, 4, and 5 are documents filed by Craig Tweedy, Respondent’s attorney, in a disciplinary matter against Tweedy. Nothing in these documents prove corruption in either the OBA or the federal courts.

Respondent did present the testimony of Steven R. Hickman who testified that the OBA was biased toward large firms and attorneys who practice with those firms. Mr. Tweedy and Respondent also testified that they perceived a bias by the OBA against certain attorneys and that there was insider corruption. None of these witnesses gave any facts which supported their allegations of bias or corruption. A showing of bias requires more than a showing that the trier of fact ruled adversely to you. Green v. Dorrell, 969 F.2d 915, 919 (10th Cir.1992), cert. denied, 507 U.S. 940, 113 S.Ct. 1386, 122 L.Ed.2d 720 (1993). Therefore, Respondent’s request for a new hearing before a new panel is denied.

B. Federal Court Suspension

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Bluebook (online)
919 P.2d 427, 1996 WL 330821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-wolfe-okla-1996.