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

Summary

The Oklahoma Supreme Court approved John H.T. Sheridan’s resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The court ordered that his name be stricken from the roll of attorneys, barred reinstatement applications for five years, and imposed client-notification and Client Security Fund repayment requirements.

Holdings

1. Sheridan's resignation complied with all requirements of Rule 8.1 of the Rules Governing Disciplinary Proceedings and should be approved.
2. The approved resignation was effective March 24, 2004, the date the application was filed.
3. Because resignation pending disciplinary proceedings is tantamount to disbarment, Sheridan's name was stricken from the roll of attorneys, he could not seek reinstatement for five years, and he was required to notify clients and repay any Client Security Fund amounts as a condition of reinstatement.

Questions Presented

1. Whether Sheridan's resignation pending disciplinary proceedings satisfied the requirements of Rule 8.1 of the Rules Governing Disciplinary Proceedings.
2. Whether the resignation should be approved and made effective as of the date the application was filed.
3. What consequences follow from approval of a resignation pending disciplinary proceedings.

Disposition

approved