Summary
The Supreme Court of Oklahoma approved Howard Steven Miller’s resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The court struck his name from the roll of attorneys, imposed $706.87 in costs, required client notification and potential reimbursement to the Client Security Fund, and barred reinstatement applications for five years. A separate opinion concurred in part and dissented only as to additional costs.
Topics
Practice areas
Questions Presented
- Whether Miller's resignation from the Oklahoma Bar Association pending disciplinary proceedings satisfied the requirements of Rule 8.1 and should be approved.
- What disciplinary and financial conditions should accompany approval of the resignation.
Holdings
- The Supreme Court approved Miller's resignation because the affidavit and application complied with all requirements of Rule 8.1, Rules Governing Disciplinary Proceedings.
- Approval of resignation pending disciplinary proceedings is tantamount to disbarment; Miller's name was stricken from the roll of attorneys, and he could not apply for reinstatement for five years.
- Miller was required to pay $706.87 in costs, notify clients with pending legal business within twenty days by certified mail, and reimburse the Client Security Fund for qualifying disbursements as conditions related to reinstatement.
Key quotations
“Because resignation pending disciplinary proceedings is tantamount to disbarment, the respondent may not make application for reinstatement prior to the expiration of five (5) years from the date of this order.” (¶ 3)
“IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the resignation of Howard Steven Miller pending disciplinary proceedings be approved. Costs of the proceeding in the amount of $706.87 are imposed.” (¶ 2)
Factual background
Miller was the subject of disciplinary proceedings involving alleged unauthorized practice of law while suspended, misrepresentations, failure to communicate with and act for clients, failure to comply with disciplinary rules, and a prior private reprimand. After the hearing began, he voluntarily submitted an affidavit of resignation, stated that he was not coerced and understood the consequences, and waived the right to contest the allegations. He agreed to pay $706.87 in costs, comply with client-notification requirements, and reimburse any Client Security Fund disbursements attributable to his conduct.
Procedural history
After a disciplinary hearing commenced before the Professional Responsibility Tribunal, Miller submitted an affidavit resigning from the Bar Association pending investigation and disciplinary proceedings. He waived all rights to contest the allegations, acknowledged the applicable reinstatement and Client Security Fund conditions, and agreed to pay $706.87 in costs. The Oklahoma Supreme Court approved the resignation, struck his name from the roll of attorneys, and imposed related conditions.