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

Summary

The Oklahoma Supreme Court imposed reciprocal professional discipline on Shanita Danielle Gaines after she received a two-year probated suspension from the State Bar of Texas. The court suspended Gaines from practicing law in Oklahoma for two years and one day and ordered her to pay $66.52 in costs.

Holdings

1. A certified adjudication of professional misconduct by the highest court or disciplinary authority of another jurisdiction constitutes the charge and prima facie evidence of the acts described, providing a basis for reciprocal discipline under Rule 7.7.
2. Notice by mail to a lawyer's official Oklahoma Bar Association roster address, together with an opportunity to respond or request a hearing, is sufficient to satisfy due process in a Rule 7.7 reciprocal-discipline proceeding.
3. The appropriate discipline for Gaines was suspension from the practice of law in Oklahoma for two years and one day.
4. The Oklahoma Bar Association was entitled to recover $66.52 in costs from Gaines.

Questions Presented

1. Whether the Texas disciplinary adjudication supplied a proper basis for reciprocal discipline in Oklahoma.
2. Whether the notice and opportunity to respond provided to Gaines satisfied due process despite her failure to appear.
3. What discipline was appropriate for Gaines's reciprocal misconduct, including neglect, communication failures, supervision failures, commingling and conversion of client funds, and failure to report the Texas proceeding.
4. Whether the Oklahoma Bar Association was entitled to recover its proceeding costs.

Disposition

other