In the Matter of the Reinstatement of Kerr

Summary

The Oklahoma Supreme Court grants Robert Samuel Kerr IV's petition for reinstatement to the Oklahoma Bar Association after his suspension for two years and one day. Applying de novo review and the clear-and-convincing-evidence standard, the court finds that Kerr satisfied the requirements for reinstatement and had demonstrated rehabilitation and present moral fitness. The court conditions reinstatement on payment of $933.52 in costs within 90 days after the opinion becomes final.

Holdings

1. Kerr established by clear and convincing evidence that, if readmitted, his conduct would conform to the high standards required of a member of the Oklahoma Bar, and the evidence supported his present moral fitness, rehabilitation, competence, and compliance with reinstatement requirements.
2. The trial panel's recommendation was advisory; the Supreme Court retained the nondelegable constitutional responsibility to regulate the practice and ethics of Oklahoma attorneys and was bound to make its own de novo determination.
3. Reinstatement was conditioned on Kerr's payment of $933.52 in costs within ninety days after the opinion became final.

Questions Presented

1. Whether Kerr established by clear and convincing evidence that his conduct would conform to the high standards required of an Oklahoma Bar member if reinstated.
2. Whether the Supreme Court should accept the Professional Responsibility Tribunal's unanimous recommendation and reinstate Kerr after independently reviewing the evidence de novo.
3. Whether costs of $933.52 should be imposed as a condition of reinstatement.

Disposition

other