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

Summary

The Oklahoma Supreme Court approved Karen E. Faulk's resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The order struck her name from the roll of attorneys, barred reinstatement applications for five years, required compliance with post-resignation rules, required reimbursement of potential Client Security Fund payments, and assessed $674.11 in investigation costs.

Holdings

1. A lawyer under investigation for alleged misconduct may resign from Oklahoma Bar Association membership by satisfying the prerequisites in Rule 8.1, and the court approved Faulk's voluntary resignation because the prerequisites were satisfied and the resignation was freely and voluntarily tendered.
2. A resignation approved under Rule 8 is the equivalent of disbarment and relinquishes the respondent's right to practice law.
3. Following approval, Faulk was required to comply with Rule 9.1, could not seek reinstatement for five years, was required to reimburse the Client Security Fund for covered claims with statutory interest, and was required to pay $674.11 in investigation costs.

Questions Presented

1. Whether the Supreme Court of Oklahoma should approve an attorney's voluntary resignation from the Oklahoma Bar Association while disciplinary proceedings are pending.
2. What consequences and conditions attach to approval of the resignation under Rule 8 of the Rules Governing Disciplinary Proceedings.

Disposition

approved