Summary
The Oklahoma Supreme Court granted James David Ogle's petition for reinstatement to membership in the Oklahoma Bar Association after his suspension for two years and one day. Applying de novo review, the Court found that Ogle satisfied the requirements for reinstatement despite outstanding personal tax liabilities and his Offer in Compromise with the IRS. The Court ordered Ogle to pay $1,746.53 in costs within 60 days.
Holdings
- The Professional Responsibility Tribunal's reinstatement recommendation is advisory, and the Oklahoma Supreme Court exercises original jurisdiction and reviews reinstatement proceedings de novo.
- An applicant for reinstatement after a suspension of two years and one day must establish by clear and convincing evidence that the requirements for reinstatement are satisfied and that the applicant's future conduct will conform to the high standards required of a member of the bar.
- Personal tax arrearages and an IRS Offer in Compromise do not alone preclude reinstatement when the applicant has acted in good faith, complied with applicable tax procedures, timely filed returns, and taken substantial steps toward resolving the liability.
- Ogle established by clear and convincing evidence that reinstatement was warranted, and he was reinstated as a member of the Oklahoma Bar Association and placed on the Roll of Attorneys.
Questions Presented
- Whether Ogle established by clear and convincing evidence that he satisfied the procedural, competency, rehabilitation, moral-character, and fitness requirements for reinstatement to the Oklahoma Bar Association.
- Whether Ogle's personal federal and state tax arrearages and statements in an IRS Offer in Compromise demonstrated a lack of candor or otherwise precluded reinstatement.
- Whether the Professional Responsibility Tribunal's recommendation was binding on the Oklahoma Supreme Court.
Disposition
other
Cases Cited (10)
- In re Gassaway, 2002 OK 48, ¶ 3, 48 P.3d 805, 806(followed)
- In re Golden, 2013 OK 96, ¶ 5, 315 P.3d 377, 380(followed)
- In re Munson, 2010 OK 27, ¶¶ 11-12, 236 P.3d 96, 101(followed)
- In re Fraley, 2005 OK 39, ¶ 37, 115 P.3d 842, 852(followed)
- In re Page, 2004 OK 49, ¶ 3, 94 P.3d 80, 82(followed)
- In re Kamins, 1988 OK 32, ¶ 20, 752 P.2d 1125, 1130(followed)
- In re Jones, 2006 OK 33, 142 P.3d 380(followed)
- In re McKenzie, 1996 OK 72, ¶ 9, 925 P.2d 18, 20(followed)
- In re Stewart, 2010 OK 61, 240 P.3d 666(followed)
- State ex rel. Oklahoma Bar Association v. Ogle, 2013 OK 78, 318 P.3d 1099(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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