Summary
The Oklahoma Supreme Court reviewed an attorney-discipline proceeding involving Meagan Elaine Brooking's intentional backdating of a court clerk's filing stamp. The Court found violations of the Oklahoma Rules of Professional Conduct and suspended Brooking from practicing law for sixty days, ordering her to pay proceeding costs.
Topics
Practice areas
Questions Presented
- Whether Brooking engaged in professional misconduct by backdating an official court filing stamp to make a late pleading appear timely.
- Whether the conduct violated Rules 1.1, 1.3, 3.3, and 8.4 of the Oklahoma Rules of Professional Conduct.
- What discipline was appropriate in light of the misconduct and the mitigating circumstances.
Holdings
- Brooking engaged in professional misconduct by intentionally turning back the date on the court clerk's filing stamp to make a pleading submitted on April 19, 2017, appear to have been filed on April 15, 2017.
- Intentionally backdating the court clerk's filing stamp for the purpose of deceiving the court and the other party violated Rule 8.4 of the Oklahoma Rules of Professional Conduct, even absent an asserted bad motive or evil intent.
- A sixty-day suspension from the practice of law, together with payment of the proceeding's costs, was appropriate discipline.
Key quotations
“This Court must independently determine appropriate discipline.” (¶ 4)
“Additionally, Respondent acted intentionally and with the purpose to deceive the court and the other party when she turned back the court clerk's filing stamp.” (¶ 6)
“We further find, as did the trial panel, that these violations constitute a "serious offense."” (¶ 7)
Factual background
Meagan Elaine Brooking submitted a pleading for filing on April 19, 2017, but altered the court clerk's filing stamp to show an April 15 filing date. She admitted the conduct and helped identify three other possible incidents, although misconduct was not established as to those incidents. The Court found that she acted intentionally and with the purpose of deceiving the court and the opposing party.
Procedural history
The Oklahoma Bar Association filed a disciplinary proceeding based on a grievance alleging that Brooking altered a court clerk's filing stamp to make a late pleading appear timely. Brooking admitted the April 19, 2017 incident and identified three other possible instances, but the trial panel found misconduct established by clear and convincing evidence only as to the April 19 incident. The panel recommended suspension for up to six months; upon de novo review, the Supreme Court found misconduct and imposed a sixty-day suspension plus costs.