State ex rel. Oklahoma Bar Association v. Howard

Summary

The Oklahoma Supreme Court approved Joseph T. Howard’s resignation from the Oklahoma Bar Association while disciplinary proceedings and investigations were pending. The order struck his name from the roll of attorneys, prohibited reinstatement applications for five years, imposed client-notification and other resignation requirements, and assessed $21 in costs.

Holdings

1. The Oklahoma Supreme Court approved Howard's voluntary resignation from the Oklahoma Bar Association pending disciplinary proceedings.
2. An approved resignation pending disciplinary proceedings is tantamount to disbarment; Howard's name was stricken from the roll of attorneys, and he may not seek reinstatement for five years from the order's effective date.
3. Howard was required to comply with Rule 9.1 by notifying clients with pending legal business, withdrawing from pending matters, filing compliance affidavits and client lists, and identifying tribunals where he was admitted to practice.
4. Repayment of amounts paid from the Client Security Fund to Howard's former clients was made a condition of any future reinstatement.
5. The Oklahoma Bar Association's application to assess costs was sustained, and Howard was ordered to pay $21.00 within thirty days.

Questions Presented

1. Whether the Oklahoma Supreme Court should approve Howard's voluntary resignation pending disciplinary proceedings.
2. What consequences and conditions attach to approval of a resignation pending disciplinary proceedings, including removal from the roll of attorneys, restrictions on reinstatement, client-notification obligations, Client Security Fund reimbursement, and costs.

Disposition

approved