Summary
The Oklahoma Supreme Court approved Michael C. Heathco’s resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The order made the resignation effective May 18, 2005, struck his name from the Roll of Attorneys, and barred him from seeking reinstatement for five years.
Topics
Practice areas
Questions Presented
- Whether Heathco's affidavit satisfied the requirements for resignation from the Oklahoma Bar Association pending disciplinary proceedings.
- Whether the Oklahoma Bar Association's application to approve the resignation should be granted and what reinstatement restrictions should apply.
Holdings
- The court approved the Oklahoma Bar Association's application and accepted Heathco's resignation because his affidavit complied with the requirements of Rule 8.1 and reflected a voluntary, informed resignation.
- Resignation pending disciplinary proceedings is tantamount to disbarment, and the respondent may not apply for reinstatement to the Oklahoma Bar Association before five years from the effective date of the order approving the resignation.
Key quotations
“Because resignation pending-disciplinary proceedings is tantamount to disbarment, respondent may make no application for reinstatement to membership in the Oklahoma Bar Association prior to five years from the effective date of this Order.” (¶ 4)
Factual background
Michael C. Heathco was an Oklahoma Bar Association member who was already suspended for nonpayment of dues and noncompliance with continuing legal education requirements. During pending disciplinary proceedings, he voluntarily submitted an affidavit seeking resignation, stating that he understood the consequences and was not acting under coercion or duress. The underlying complaint alleged neglect, failure to communicate, abandonment of clients, misrepresentation concerning settlement funds, failure to pay medical bills as directed, and failure to cooperate with the Bar's investigation.
Procedural history
A formal disciplinary complaint had been filed against Heathco, incorporating seven grievances and alleging eight counts of professional misconduct. While the disciplinary matter was pending, Heathco submitted an affidavit requesting resignation and relinquishment of his right to practice law. The Supreme Court approved the application, accepted the resignation effective May 18, 2005, and ordered that his name be stricken from the Roll of Attorneys.