Summary
The Oklahoma Supreme Court approved Betty Ann Pitts-Cartwright's resignation from the Oklahoma Bar Association pending disciplinary proceedings. The court ordered that her name be stricken from the roll of attorneys, imposed costs of $538.77, required client notification, and barred reinstatement applications for five years.
Topics
Practice areas
Questions Presented
- Whether the respondent's resignation pending disciplinary proceedings complied with Rule 8.1 of the Rules Governing Disciplinary Proceedings.
- What disciplinary and administrative consequences follow from approval of a resignation pending disciplinary proceedings.
Holdings
- The resignation pending disciplinary proceedings complied with the requirements of Rule 8.1 and was therefore approved.
- An approved resignation pending disciplinary proceedings is tantamount to disbarment; the respondent's name must be stricken from the roll of attorneys, and the respondent may not seek reinstatement for five years.
- The respondent must notify clients with pending legal business of her inability to represent them and the need to retain new counsel, pay $538.77 in costs within 60 days, and repay amounts paid from the Client Security Fund as a condition of reinstatement.
Key quotations
“Because resignation pending disciplinary proceedings is tantamount to disbarment, the respondent may not make an application for reinstatement prior to the expiration of 5 years from the date of this order.” (Order following ¶2(6))
Factual background
The Oklahoma Bar Association reported disciplinary allegations against Pitts-Cartwright involving failure to communicate with clients, failure to appear, failure to file pleadings, misappropriation of client funds, fraud, and forgery. Pitts-Cartwright submitted an affidavit acknowledging the seven grievances and stating that her resignation was voluntary, free of coercion or duress, and made with full awareness of its consequences. She did not object to the Bar Association's request for $538.77 in costs.
Procedural history
The Oklahoma Bar Association notified the Supreme Court of Oklahoma that Betty Ann Pitts-Cartwright had resigned pending disciplinary proceedings involving seven grievances. The court reviewed the resignation affidavit and found that the requirements of Rule 8.1, Rules Governing Disciplinary Proceedings, were satisfied, then approved the resignation and imposed the related disciplinary consequences and costs.