In the Matter of the Reinstatement of Elaine Ann Meek

130 P.3d 255 (Okla. 2006) · Supreme Court of Oklahoma · February 14, 2006 · No. SCBD No. 4844

Summary

The Supreme Court of Oklahoma denied Elaine Ann Meek’s petition for reinstatement to the Oklahoma Bar Association following her 1996 disbarment. Applying a de novo standard and the clear-and-convincing-evidence burden under the Oklahoma disciplinary rules, the court found that Meek failed to establish the qualifications required for reinstatement. The court also imposed proceeding costs of $1,174.07.

Holdings

  1. A disbarred attorney seeking reinstatement must present clear and convincing evidence that, if readmitted, the attorney's conduct will conform to the high standards required of a member of the Oklahoma Bar, and must satisfy the specific requirements governing moral character, absence of unauthorized practice, and legal competency. Meek failed to meet that burden.
  2. The Oklahoma Supreme Court does not sit merely in review of the tribunal's recommendation in a reinstatement proceeding; it exercises exclusive original jurisdiction and independently decides the matter de novo.
  3. The court assessed $1,174.07 in costs against Meek and ordered payment within ninety days after the opinion became final.

Questions Presented

  1. Whether Meek established by clear and convincing evidence that she satisfied the requirements for reinstatement to the Oklahoma Bar Association.
  2. Whether the Professional Responsibility Tribunal's recommendation should be adopted after the Supreme Court's de novo review.
  3. Whether costs of the reinstatement proceeding should be assessed against Meek.

Disposition

other

Cases Cited (7)

  • Matter of the Reinstatement of Kamins, 1988 OK 32, 752 P.2d 1125(followed)
  • Matter of the Reinstatement of Pierce, 1996 OK 65, 919 P.2d 422(followed)
  • Matter of Reinstatement of Page, 1993 OK 165, 866 P.2d 1207(followed)
  • Matter of Reinstatement of Wright, 1995 OK 128, 907 P.2d 1060(followed)
  • Matter of Reinstatement of Clifton, 1990 OK 15, 787 P.2d 862(followed)
  • State of Oklahoma ex rel. Oklahoma Bar Association v. Meek, 1994 OK 118, 895 P.2d 692(applied)
  • State of Oklahoma ex rel. Oklahoma Bar Association v. Meek, 1996 OK 119, 927 P.2d 553(applied)

Cited In (0)

No citing cases on record yet.

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