State ex rel. Oklahoma Bar Association v. Brooking

Summary

The Oklahoma Supreme Court reviewed a disciplinary proceeding against attorney Meagan Elaine Brooking for altering a court clerk's filing stamp to make a late pleading appear timely. The Court found violations involving competence, diligence, candor toward the tribunal, and dishonesty, and imposed a sixty-day suspension from the practice of law, together with costs. The Court considered several mitigating circumstances, while one justice would have imposed a six-month suspension.

Holdings

1. Brooking committed professional misconduct by 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.
2. Intentional backdating of an official court document to deceive the court and another party constitutes a serious offense warranting suspension from the practice of law.
3. Considering the mitigating circumstances, a sixty-day suspension from the practice of law and an award of proceeding costs was appropriate.
4. The Supreme Court of Oklahoma has exclusive, nondelegable constitutional responsibility to regulate the licensure, ethics, and discipline of legal practitioners and must independently determine appropriate discipline.

Questions Presented

1. Whether Brooking committed professional misconduct by altering a court clerk's filing stamp to make a late pleading appear timely.
2. Whether the misconduct violated Rules 1.1, 1.3, 3.3, and 8.4 of the Oklahoma Rules of Professional Conduct.
3. What discipline was appropriate for the misconduct, considering the seriousness of the offense and mitigating circumstances.

Disposition

other