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

Summary

The Oklahoma Supreme Court approved James D. Berry, Jr.'s resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The order struck his name from the Roll of Attorneys, required compliance with Rule 9.1, and barred an application for reinstatement for five years, subject to reimbursement of qualifying Client Security Fund payments.

Holdings

1. The Supreme Court of Oklahoma approved Berry's resignation because it complied with Rule 8.1, was freely and voluntarily tendered, and was accompanied by his acknowledgment of the pending allegations and their potential disciplinary consequences.
2. Berry's name was ordered stricken from the Roll of Attorneys, and he was barred from applying for reinstatement for five years from the effective date of the order and until he reimbursed the Client Security Fund for any principal and interest paid on his behalf.

Questions Presented

1. Whether Berry's resignation from the Oklahoma Bar Association while disciplinary proceedings were pending complied with Rule 8.1 and should be approved.
2. What conditions should govern Berry's removal from the Roll of Attorneys and any future application for reinstatement.

Disposition

approved